Provision of the Services
We may have subsidiaries and affiliated legal entities around the world (‘Subsidiaries and Affiliates’). Sometimes, these companies will be providing the Services to you on our behalf. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
We are constantly innovating in order to provide the best possible experience for users of the Services. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while we may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service such fixed upper limits may be set by us at any time, at our discretion.
We shall, without liability to you or any third parties, reserve the right to modify the Services with or without notice to you. If you object to any such changes, your ceasing to use the Services shall be your only remedy. Your continued use of the Services following any notice of such modifications shall indicate your agreement to the modifications and satisfaction with the modified Services.
Use of the Services
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to us will always be accurate, correct and up to date.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with our instructions in connection with the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Subject to overall provision in ‘Warranties’ in this agreement, you expressly understand and agree that we, our subsidiaries and affiliates, and our licensors shall not be liable to you for:
(1) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(2) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
a) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
b) any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
d) your failure to provide us with accurate account information;
e) your failure to keep your password or account details secure and confidential;
The limitations on our liability to you set out above shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
Content and feedback
‘Content’ means material (including without limitation text, images, audio material, video material and audio-visual material) that you may send or have access to when using the Services, for whatever purpose; and
‘Feedback’ means any ideas, thoughts, criticism, suggested improvements or on feedback on the Services you may send us.
(1) will be entirely responsible for each individual item of Content that you post through the Services;
(2) retain ownership and any intellectual property rights in the Content you post or otherwise make available through the Services; and
(3) grant to us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Content and Feedback in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
If you provide us with Feedback you shall permit us to use it to modify the Services or create new Services and you shall not be entitled to any payment or compensation, including royalties relating to any services that incorporate Feedback.
Your Content and Feedback must not be illegal or unlawful, must not infringe any third partys legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any Content or Feedback via the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted via the Services, or stored on our servers, or hosted or published via the Services. Notwithstanding our rights under these terms and conditions in relation to Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
(1) the availability or accuracy of such websites or resources; or
(2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or on any of the Services, in violation of any applicable laws or regulations.
It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. Please report any copyright infringements to email@example.com.
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Software contains material protected by international Copyright Laws and international treaty provisions. Title, ownership, rights, and intellectual property rights in and to software shall remain with us.
Nothing in these terms shall exclude or limit our warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the Services is at your sole risk and that the services are provided ‘as is’ and ‘as available.’
In particular, we, our subsidiaries and affiliates, and our licensors do not represent or warrant to you that:
(1) your use of the Services will meet your requirements,
(2) your use of the Services will be uninterrupted, timely, secure or free from error,
(3) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(4) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
To the maximum extent permitted by applicable law you release us from any liability relating to:
(1) incorrect or inaccurate Content transmitted via the Services, whether transmitted by users or the users’ equipment used to access the Services;
(2) any loss or damage caused by Content transmitted via the Services between users, whether online or offline; and
(3) any error, omission, interruption, deletion, defect, delay in operation or transmission, any failure of communication lines, theft or destruction of, or unauthorised access to or alteration of the Services.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by us on the Services are subject to change without specific notice to you.
We may at any time, terminate this agreement with you if:
(2) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(3) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; or
(4) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(5) the provision of the Services to you by us is, in our opinion, no longer commercially viable.
Nothing in this section shall affect our perpetual rights, especially regarding Content, under the terms of this agreement.
Void where Prohibited
Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered may be available to all persons or in all geographic locations, or appropriate or available for use in certain geographic areas. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made in the Services is void where prohibited. If you choose to access the Services from a certain geographic area where the any feature or service is prohibited, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Governing law and jurisdiction
Changes to the terms