FURYU CORPORATION

TERMS OF SERVICE

(Effective Date: November 1, 2014)

FURYU Corporation ("Company", "We" or "Us") maintains these Terms of Service ("TOS") that describes the terms and conditions applicable to this website and its purifun.com service (collectively, the "Service"). Your use of the Service is subject at all times to these TOS and the FURYU Privacy Policy ("Privacy Policy"). Any inconsistencies between the TOS or the Privacy Policy shall be resolved and determined by the Company in its sole and absolute discretion.


EACH TIME YOU USE OR ACCESS THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE SERVICE. YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. IN COMPLIANCE WITH THE PREVAILING LAWS AND REGULATIONS, CLICKING THE ACCEPT BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS SET OUT HEREIN.

  1. THE SERVICE
    • (a)User Photos Access and Download. The Service allows you to access on the internet and download to your personal computer or mobile device such photos that you took using one of the Company’s Photo Sticker Machines or Photo Booth Machines (the "Machine") which are uploaded from the Machine to the Service ("User Photos"). As used in these TOS, User Photos shall include the photo that you selected for free downloading at the time you took such photo (the "Free Photo") as well as such other photos that you took during the same photo session that may only be downloaded for a fee charged by the Company ("Paid Photos"). You will be able to access your User Photos by entering your User Photo ID Code that is displayed at the bottom of the User Photos you printed out from the Machine. If you forget or lose your ID Code, we will not be able to identify or locate it for you. The Company will not be responsible or liable in any way for unauthorized access to your User Photos, including where your ID Code is used or taken without your knowledge or consent. It is important that you keep your ID Code with due care to prevent it from being misused.
    • (b)Downloading the Free Photo. You may only download the Free Photo for free for seven (7) days from the time you took the Free Photo using the Machine ("Limited Free Period"). After the expiration of the Limited Free Period, you may only download the Free Photo for a fee charged by the Company and only for sixty (60) days from the time you took such Free Photo (the "60 Day Access Period"). There is no limit to the number of times that you may download the Free Photo onto your personal computer or mobile device during the Limited Free Period. After the expiration of the Limited Free Period and before the expiration of the 60 Day Access Period, so long as you pay the applicable fee, there is no limit to the number of times that you may download the previously Free Photo onto your personal computer or mobile device. You will NOT be able to access or download the Free Photo after the expiration of the 60 Day Access Period.
    • (c)Downloading the Paid Photos. You may only download the Paid Photos by paying a fee charged by the Company for the Paid Photos, and only during the 60 Day Access Period (sixty (60) days from the time you took the Paid Photos using the Machine). So long as you pay the applicable fee for the Paid Photos, there is no limit to the number of times that you may download the Paid Photos onto your personal computer or mobile device during the 60 Day Access Period. You will NOT be able to access or download the Paid Photos after the expiration of the 60 Day Access Period.
    • (d)Removal of User Photos. Upon the expiration of the 60 Day Access Period, the Company will delete your User Photos (subject to the exception in the next sentence) and you will no longer be able to view, access or download such User Photos. Although you will no longer be able to view, access or download your User Photos, the Company may, instead of deleting your User Photos, use your User Photos for the purposes of improving its services, image quality, and technology. The Company shall have no liability or responsibility to you for the deletion and removal of your User Photos from the Company’s servers. IT IS YOUR RESPONSIBILITY TO KEEP TRACK OF THE LIMITED FREE PERIOD AND THE 60 DAY ACCESS PERIOD AS THE COMPANY WILL NOT PROVIDE PRIOR NOTICE TO YOU BEFORE THE EXPIRATION OF SUCH PERIODS.
    • (e)Payment of User Photo Download Fee. The Company shall determine, in its sole discretion, the applicable download fee(s) for the User Photos. Such download fee may be one fee covering the right to download all User Photos (including the previously Free Photo after the expiration of the Limited Free Period) or separate fees for the right to download one or more User Photos. The payment of the applicable fee shall be made through PayPal or such other payment processing service provider(s) designated by the Company (each a "Payment Vendor"). With the exception of the Free Photo downloaded during the Limited Free Period, you can only download the User Photos by paying for them using the Payment Vendor. If you do not want to sign up or register with such Payment Vendor(s) designated by the Company, you may still purchase the User Photos by using your credit or debit card, however such credit or debit card purchase will be processed by the Payment Vendor and not the Company. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, EXPENSES OR DAMAGES ARISING FROM YOUR USE OF SUCH PAYMENT VENDOR OR ANY OBLIGATIONS INCURRED BY YOU TO SUCH PAYMENT VENDOR. Any dispute arising between you and any Payment Vendor shall be resolved directly between you and such Payment Vendor. You agree to indemnify, defend and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such dispute. When you provide payment information to the Payment Vendor, you represent that you are the authorized user of such credit card, debit card or other payment method that will be used by such Payment Vendor. You are responsible for all fees and charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account with such Payment Vendor.
    • ALL PAYMENTS RECEIVED BY THE COMPANY FOR THE USER PHOTOS ARE NON-REFUNDABLE. PROVIDED HOWEVER, IF YOU ARE UNABLE TO OBTAIN YOUR USER PHOTOS DUE TO A DEFECT WITH THE SERVICE, AS DETERMINED BY THE COMPANY IN ITS SOLE DISCRETION, THEN THE COMPANY WILL REFUND YOUR PAYMENT IN SUCH MANNER/METHOD REASONABLY DETERMINED BY THE COMPANY.
    • (f)Limited Use Rights. Your right to use the Service is limited solely to accessing and downloading your User Photos for personal and non-commercial purposes during the 60 Day Access Period. Your right to use the Service is revocable and is subject to the terms and conditions of these TOS and the Privacy Policy including the limitations below. The Company may terminate your right to use the Service without notice in the event you fail to comply with these TOS or the Privacy Policy.
  2. LIMITATIONS AND RESTRICTIONS
    • (a)Limitations. Your right to use the Service is subject to the following limitations. You shall not or permit any other person to:
      • (i)in whole or in part modify, adapt, translate, decompile, reverse engineer, disassemble, create any derivative work of the Service, including Company Materials (defined below), or otherwise attempt to derive source code from any part of the Service;
      • (ii)modify, alter, remove or obscure any copyright, patent, confidentiality, trademark and other notices, labels or legends in displayed as part of the Service, including any Company Materials;
      • (iii)attempt to obtain an ID Code for or access or download other User Photos without the consent from the owner;
      • (iv)assign, rent, lease, distribute or license any Company Materials or any part of the Service to others;
      • (v)use or exploit the Service, including any Company Materials, or any of its parts, for any commercial purpose or any purpose (including any purposes that are in contravention of the prevailing laws and regulations) other than expressly authorized pursuant to these TOS; or
      • (vi)use the Service to infringe upon the intellectual property rights of Company or any third party.
    • (b)Additional Limitations.
      • (i)You agree to use the Service only in compliance with these TOS, the Privacy Policy, and applicable rules, laws and regulations.
      • (ii)You agree that you shall solely be responsible for and bear all telecommunication expenses, including, telephone charges, Internet connection charges and electricity charges, arising out of your use of the Services.
      • (iii)THE SERVICE IS INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS. MOREOVER, IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICE. IF YOU ARE UNDER THE AGE OF 13 OR BETWEEN THE AGE OF 13 AND 18 BUT DID NOT HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO THE USE THE SERVICE, YOU MUST IMMEDIATELY STOP USING THE SERVICE.
    • Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in immediate (without notice), automatic termination of your right to use the Service, and may subject you to civil and/or criminal liability.
  3. IP OWNERSHIP
    • (a)Service. The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Service other than User Photos (collectively, the "Company Materials"). Company Materials shall include graphics; layout; text; images; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the "look and feel" of the Service; the compilation, assembly and arrangement of the materials of the Service; past, present and future versions of Service and any of the foregoing; and all other materials or content made available through the Service. Company Materials are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
    • (b)Trademark Notice. FURYU™, purifun™, puribooth™ and the logos used with such marks are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and the logos used with such marks are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing as part of the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as "metatags" for any purpose other than as expressly authorized in these TOS is strictly prohibited.
    • (c)No Additional Rights. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
  4. YOUR USER PHOTOS
    • You are solely responsible for your User Photos. The Company does not endorse any User Photo and does not review any User Photo prior to uploading to its servers. Your User Photos may not contain or display the following items: telephone numbers, emails, social media identity or address, street addresses, last names, social security numbers or other personally identifiable information and/or any image containing nudity, or obscene, lewd, violent, harassing, sexually explicit, racist/discriminative content or otherwise objectionable subject matter, and the Company assumes no responsibility or liability for any damage or claim arising from your User Photos containing or displaying any of the foregoing. The Company may delete your User Photos if it believes, in its sole discretion, that you or your User Photos are in violation of these TOS.
    • You represent and warrant that your User Photos are wholly original with you and you exclusively own the rights to your User Photos, including the right for the Company to use your User Photos in connection with the Services without the Company incurring any third party obligations or liability arising out of such use. You further represent and warrant that (i) for all User Photos that include any other person, you have received permission from such person(s) to use, display, upload and download such User Photos, and (ii) the use, display, upload and download of your User Photos on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The Company has no obligation to monitor or enforce your intellectual property rights to your User Photos. The Company shall not be liable for any claims made by any other persons whose photos you have used, displayed, uploaded and downloaded without his/her consent.
    • By accessing the Service you acknowledge that you and all other person(s) in the User Photos have granted to the Company a royalty free, license to host, store, use, modify, display, process, reproduce, transfer, and distribute your User Photos solely on and through the Service. By using the Machine, uploading your User Photos to the Service, and using this Service, you also authorize the Company to use your User Photos to trouble-shoot and/or improve the quality of the Service and the Company’s technology, and for other related purposes. The Company may use your User Photos for the purposes of improving its services, image quality, and technology.
  5. YOUR ONLINE CONDUCT
    • You agree that you will be personally responsible for your use of the Service, your User Photos and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, arising from such use, User Photos and activity.
  6. MODIFICATIONS
    • (a)Terms of Service. The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting on the Service. You are responsible for periodically checking the Service for changes to the TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you agree that your sole remedy is to cease using or accessing the Service. Your continued use or access of the Service constitutes your agreement to be bound by the modified TOS.
    • (b)Service. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, "Changes") the Service, whether temporarily or permanently, in whole or in part. Any such Change shall be effective immediately upon notice by posting on the Service or these TOS, or by any other method of notice the Company deems appropriate. Any access or use of the Service after such notice of Change, constitutes acceptance by you of such Change. Temporary interruptions in the availability of the Service may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service.
  7. DISCLAIMER OF WARRANTIES
    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY PHOTOS UPLOADED AND/OR DOWNLOADED THROUGH THE SERVICE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
    • THE SERVICE AND THE PHOTOS UPLOADED AND DOWNLOADED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    • THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL BE ERROR FREE OR THAT YOU WILL BE ABLE TO UPLOAD, ACCESS OR DOWNLOAD YOUR USER PHOTOS. THE SERVICE OR THE PAYMENT VENDOR MAY EXPERIENCE SYSTEM ERRORS, NETWORK PROBLEMS, THIRD PARTY HACKING, DATA LOSS OR OTHER SIMILAR TECHNICAL PROBLEMS THAT MAY PREVENT YOU FROM BEING ABLE TO UPLOAD, ACCESS OR DOWNLOAD YOUR USER PHOTOS. YOU HEREBY ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE OR RESPONSIBLE TO YOU IN ANY AND ALL SUCH CASES. YOU MAY NOT BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, AND THE COMPANY MAY NOT HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
  8. LIMITATIONS OF LIABILITIES
    • YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, INCLUDING SUCH SERVICES OFFERED BY A PAYMENT VENDOR, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING A PAYMENT VENDOR.
    • YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS, AGENTS, OR EMPLOYEES IS LIABLE TO YOU OR ANY THIRD PARTY FOR TECHNICAL INACCURACIES OR ANY EXPOSURE TO HARMFUL OR MALICIOUS CODE INTRODUCED ONTO THE INTERNET BY THIRD PARTIES.
  9. LINKS WITH OTHER SITES AND SERVICES, AND AVAILABILITY
    • The Service may use third party services or provide certain links to websites provided by third parties. The Company is not responsible for any third party services used by or connected with the Service (including any payment processing service) or the content of any other website linked to or from the Service. If you link to another website or use such third party service, you leave the Service and you do so entirely at your own risk. The Company uses such third party services (such as payment processing services) and provides links from the Service to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other website or service. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH THIRD PARTY SERVICE OR LINKED WEBSITE (INCLUDING ANY PAYMENT VENDOR), INCLUDING AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.
    • You agree that the Service may be made available outside of the United States and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.
  10. INDEMNIFICATION
    • To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, and their respective employees, officers, directors and agents from any and all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, from third parties arising from: (a) any breach of these TOS (including any representation, warranty or covenant herein), or any applicable rules, laws or regulations, whether or not referenced herein, (b) your use of the Service, or (c) any violation of any rights of any third party, including, without limitation, any third party intellectual property rights under any applicable laws, rules or regulations. If you refuse to adhere to your indemnification obligations or competently defend the Company, the Company reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. The obligations set forth herein shall survive termination of these TOS.
  11. GOVERNING LAW AND DISPUTE RESOLUTION
    • (a)Governing Law. These TOS, and the application or interpretation thereof, shall be governed exclusively by its terms and by the laws of Japan, and without reference to its principles of conflicts of law. These TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
    • (b)Binding Arbitration. ANY DISPUTE ARISING FROM THIS AGREEMENT (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. SUCH ARBITRATION SHALL BE HELD EXCLUSIVELY IN TOKYO, JAPAN. SUCH ARBITRATION SHALL BE INITIATED THROUGH AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT AS MAY BE LIMITED UNDER APPLICABLE LAW. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. IF THE ARBITRATION VENUE OF TOKYO, JAPAN IS NOT ENFORCEABLE UNDER APPLICABLE LAW, THEN THE ARBITRATION VENUE SHALL BE IN SAN FRANCISCO, CA.
    • (c)Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE COMPANY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. If the above class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, whether by judicial, legislative, or other action, then such waiver will not apply to those parts. Instead, those parts of the dispute will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
    • (d)Personal Jurisdiction. For any dispute (or part thereof) that is not covered by the arbitration provisions herein, you irrevocably consent to the exclusive jurisdiction and venue of the courts in Tokyo, Japan.
  12. INJUNCTIVE RELIEF
    • You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
  13. VOID WHERE PROHIBITED
    • The information or content provided through the Service is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Service is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Service from a jurisdiction outside of the State of California you are responsible for compliance with all applicable local rules, laws and regulations.
  14. PRIVACY POLICY
    • The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy that is displayed by clicking on the "Privacy Policy" link located on this website sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease using the Services by canceling your Account.
  15. COPYRIGHT NOTICES/COMPLAINTS
    • The Company takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was on the website or our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us by clicking on the "Help" link on this website and then clicking on the "Contact Us" link (which will allow you to access, complete and submit our customer support form).
  16. MISCELLANEOUS
    • If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the TOS will remain in full force and effect. These TOS constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of either you or the Company to assert any right under these TOS shall not be considered a waiver of that party's right will remain in full force and effect. In addition, these TOS and the Privacy Policy, including the Company's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. Neither these TOS nor any right hereunder may be assigned by either Party (by operation of law or otherwise) without the prior written consent of the other Party. Any assignment by a Party in violation of this provision shall be null and void. Products available through the Service may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
Home