TERMS AND CONDITIONS
ARTICL
Last updated
December 05, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are Wonderland
( 'Company', 'we', 'us',
or 'our')
We operate wonderland.lu
(the 'Site') , as well as any other related products and
services that refer or link to these legal terms (the
'Legal Terms'
You can contact us by
email at [email protected]
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
('you' Wonderland , concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any
scheduled changes to the Services you are using. Changes to Legal Terms will become
effective seven (7) days after the notice is given,
except if the changes apply to
security updates , new
functionality , bug fixes , and a court order
We recommend that you print a copy of these Legal Terms
for your records.
TABLE OF CONTENTS
1.
OUR SERVICES
The information provided when using the Services is
not intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You may
not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the
Our Content and Marks are protected by copyright
and trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and
The Content and Marks are provided in or through
the Services 'AS IS' for your personal, non-commercial use or internal business
purpose
Your use of our Services
Subject to your compliance with these Legal Terms,
including the ' PROHIBITED ACTIVITIES
' section below, we grant you a non-exclusive,
non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: [email protected]
. If we ever grant you the permission to post, reproduce, or publicly display
any part of our Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the
Submissions: By directly sending
us any question, comment, suggestion, idea, feedback, or other information about the
Services ('Submissions' ), you agree to assign to us
all intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may
invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or through
the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ('Contributions'). Any Submission that is publicly
posted shall also be treated as a Contribution.
You understand that Contributions may be viewable
by other users of the Services.
When you post Contributions, you grant us a
granted in this
section. Our use and distribution may occur in any media formats and through any
media channels.
This licence includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or
upload: By sending us Submissions and/or posting Contributions
- confirm that you have read and agree with our
'PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law,
waive any and all moral rights to any such Submission and/or Contribution
; - warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or
Contributions
We may remove or edit your Content:
Although we have no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our reasonable opinion
we consider such Contributions harmful or in breach of these Legal Terms. If we remove
or edit any such Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the '
By using the Services, you represent and warrant
that:
(1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the
accuracy of such information and promptly update such registration
information as necessary;
(3) you have the legal capacity and
you agree to comply with these Legal Terms;
(4) you are not a minor in the
jurisdiction in which you reside
; (
5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services
for any illegal or unauthorised purpose; and (7) your
use of the Services will
not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4.
USER
REGISTRATION
You may be required to
register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
-
Visa
-
Mastercard
-
American Express
You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the Services.
You further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at any time. All
payments shall be in Euros
.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorise us to
charge your chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to limit
or prohibit orders that, in our sole judgement,
appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically
renew unless cancelled . You consent to our charging
your payment method on a recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the applicable order. The
length of your billing cycle will depend on the type of subscription plan you choose
when you subscribed to the Services.
Free Trial
We offer a 15 -day free
trial to new users who register with the Services. The account
will be charged according to the user's chosen subscription at the end of
the free trial.
Cancellation
Fee Changes
7.
SOFTWARE
We may include software for use in connection with
our Services. If such software is accompanied by an end user
8. PROHIBITED
ACTIVITIES
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavours except those that are
specifically endorsed or approved by us.
As a user of the
Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive
or active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (
'spyware' or 'passive collection mechanisms' or 'pcms' ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except as may be the result of standard
search engine or Internet browser usage, use,
launch, develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorised - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any unauthorised use of the Services,
including collecting usernames and/or email
addresses of users by electronic or other means for
the purpose of sending unsolicited email, or
creating user accounts by automated means or under
false pretences
-
Use the Services as part of any effort to
compete with us or otherwise use the Services and/or
the Content for any revenue-generating
or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
9. USER
GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of
or have the necessary licences, rights, consents, releases, and
permissions to use and to
authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing,
libellous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to
use the Services.
10. CONTRIBUTION
LICENCE
By posting your Contributions to
any part of the Services
or making Contributions accessible to
the Services by linking your account from the Services
to any of your social networking accounts
, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and licence
to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and
grant and authorise sublicences of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This licence
will apply to any form, media, or
technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your
Contributions.
We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to
As part of the functionality of the
Services, you may link your account with online accounts you have
with third-party service providers (each such account, a
'Third-Party Account' ) by either: (1)
providing your Third-Party Account login information through the
Services; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your
use of each Third-Party
Account. You represent and warrant that you are entitled to disclose
your Third-Party Account
login information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account. By
granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the
'Social Network Content') so that it is available on and through the
Services via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link
your account with the Third-Party Account.
Depending on the Third-Party
Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Services. Please note
that if a Third-Party
Account or associated service becomes unavailable or our access to
such Third-Party Account
is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content
for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those
contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party Account by
contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such
Third-Party Account,
except the username and profile picture that become associated with
your account.
12. SERVICES
MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
13. PRIVACY
POLICY
We care about data privacy and security. Please
review our Privacy Policy:
wonderland.lu/privacy
. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be advised the Services
are hosted in France
Poland
France
Poland
France
Poland
France
Poland
14. COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or
control, please immediately notify us using the contact information provided below
(a 'Notification'). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
15. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
16. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you
or any third party for any modification, price change, suspension, or discontinuance
of the Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
17. GOVERNING
LAW
These
Legal Terms are governed by and interpreted following the laws of France
18. DISPUTE
RESOLUTION
Informal Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes')
brought by either you or us (individually, a 'Party' and collectively, the 'Parties'
), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute
arising from the relationships between the Parties to these Legal Terms shall be
determined by one arbitrator who will be chosen in accordance with the Arbitration and
Internal Rules of the European Court of Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this clause constitutes
acceptance.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to
Exceptions to Informal Negotiations and Arbitration
The Parties
agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or
19. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
20.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
22. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
23.
USER DATA
We will
maintain certain data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
25.
CALIFORNIA USERS AND RESIDENTS
If any
complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive
any and all
you may have based on the electronic form of these Legal Terms and the lack
of signing by the parties hereto to execute these Legal Terms.
27.
CONTACT US
In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at: