Terms & Conditions
IMPORTANT: BY USING THE SERVICES (AS
DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE
SERVICES.
1. ACCEPTANCE OF
TERMS
The following instrument consists of the terms and conditions governing your
("you" or "user") access to and use of the website of Goobay.com
("Company" or "We") and the content, features and services
therein (collectively, the "Services"). These Terms of Use together
with the Privacy Policy available on the Services (collectively, the
"Terms") constitute a binding agreement between you and Company, and
by continuing to use and/or utilize the Services (in whole or in part) in any
way or manner you agree to abide by, and that you are bound, by these Terms. If
you do not understand and/or agree to these Terms, you should immediately exit
the Services and avoid making any use of the Services. We may unilaterally
change or add to the terms of these Terms at any time. In the event of a
material change, We shall notify you via email or by means of a prominent
notice on our website. You should check our Services periodically and review
changes to the Terms on our Services. By continuing to use the Services following
such modifications, you agree to be bound by such modifications. If you are not
comfortable with all of the provisions of these Terms, please do not use the
Services.
- ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION
CLAUSE IN SECTION 13 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS
EXPLAINED SECTION 13, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL
BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION AND YOU AND
COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.
2. LICENSE
- 2.1 LIMITED LICENSE TO ACCESS THE SERVICES.
Subject to the terms and conditions set forth herein, Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sub licensable, revocable, limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. - 2.2 LIMITATIONS ON USE.
You undertake to use the Services solely for your own personal and non-commercial use and for no other purpose whatsoever. You hereby declare that you are eighteen (18) years old or older. Except as specifically permitted herein, you agree not to: - Sell, license (or sub-license), lease, assign,
transfer and/or pledge any of your rights under these Terms with/to any
third party;
- Transfer, distribute, scrap, copy all or any part of
the Services and/or the Company IPR (as defined below) and/or use the
Services as a service bureau;
- Refer to the Services by use of framing and/or
deep-linking;
- Make use of the Services in any jurisdiction where
same are illegal or which would subject Company or its affiliates to any
registration requirement within such jurisdiction or country;
- Use, or encourage, promote, facilitate or instruct
others to use the Services for any illegal, harmful or offensive use;
- Transmit or upload any viruses, spyware or other
harmful, infringing, illegal, disruptive or destructive content, messages
or files;
- Access the Services through, or use with the Services
any, unauthorized means, services or tools, including, without
limitation, any data mining, robots, or similar automated means or data
gathering and extraction tools, including, without limitation, in order
to extract for re-utilization of any parts of this Services;
- Distribute, publish, send, or facilitate the sending
of any advertisements, spam, inappropriate, inaccurate, misleading,
fraudulent, libelous, defamatory, offensive, threatening, abusive or
otherwise illegal content or content which infringes Intellectual
Property Rights (as defined below) of third parties or their right for
privacy;
- Copy, modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restriction), make any attempt to discover the source code of the
Services and/or any other software available on the Services or create
derivative works thereof;
- Attempt to obtain private information from other users
in any form or manner whatsoever;
- Attempt to interfere with, hack into or decipher any
transmissions to or from the servers for the Service; or
- Create false personas, multiple identities, set up an
account on behalf of someone other than yourself or create another
account after We have already disabled your account.
- You are solely responsible for obtaining, paying for,
repairing and maintaining all the equipment, software, hardware and
services required for getting access to and using the Services.
3. SUBMITTED MATERIALS
- 3.1 SUBMITTED MATERIALS.
You shall have sole responsibility and liability for Submitted Materials (as defined below). Company shall not be liable for any and all parts of the Submitted Materials and shall be entitled, under its sole discretion, to remove or edit any of the Submitted Materials at Company's sole discretion and without notice or explanation. NOTHING IN THESE TERMS OBLIGATES COMPANY TO DISPLAY YOUR SUBMITTED MATERIALS OR TO USE IT AT ALL OR IN A CERTAIN MANNER. Please note that any and all of your Submitted Materials will be available to the public and may be promoted and transferred onward by Company, at its sole discretion, and thus it is advised not to include in them any content or information that you wish to keep private. Company does not provide back-up or archive services; you are solely responsible for maintaining adequate backups of your Submitted Materials. - 3.2 LICENSE TO SUBMITTED MATERIALS.
You hereby grant Company a worldwide, irrevocable, perpetual, royalty-free license to use, host, store, display, reproduce, modify, adapt, edit, publish, and distribute your Submitted Materials and fully exploit your Submitted Materials for the provision, maintenance and improvement of the Services. - 3.3 REPRESENTATIONS AND WARRANTIES.
You represent and warrant to Company that your Submitted Materials: - Comply and will comply with all applicable laws, rules
and regulations, the Terms and do not and will not infringe the rights of
any third party, including any intellectual property rights and the right
to privacy,
- Do not and will not contain any threatening,
offensive, racist, hateful, violent, obscene, libelous, defamatory or
otherwise inappropriate or any commercial content,
- Are and shall be free from any restrictions, third
party rights, payment obligations and/or royalties (including, without
limitation, to any collecting societies).
- "Submitted Materials" shall mean any and
all material, text, photographs, videos, and information or other data
provided and/or uploaded by you to the Services.
4. YOUR ACCOUNT
You are solely responsible for any actions performed in the Services under your
credentials. Keeping your credentials safe is your sole responsibility. If you
have any reasons to suspect that your credentials were discovered by any third
party or that there was an unauthorized access to your account you will
immediately notify Company and modify your login information.
We appreciate hearing from our users and welcome your comments regarding the
Services. Notwithstanding anything to the contrary herein, please be advised,
however, that if you send us ideas, suggestions, inventions, or materials
regarding the Services ("Feedback"), we shall
- We own all right, title and interest in and to the
Feedback without any restriction;
- Not be subject to any obligation of confidentiality;
and
- Be entitled to unrestricted use of the Feedback for any
purpose whatsoever, without compensation or credit to you or any other
person.
5. OWNERSHIP OF
PROPRIETARY RIGHTS
All the Intellectual Property Rights (as defined below) evidenced by or
embodied in and/or contained and/or subsisting therein and/or
attached/connected/related to the Services or Feedback, including, without
limitation, any underlying software, platforms, algorithms, technology,
application and website design, any information, services, texts, Submitted
Materials, files, sound, music, videos, various applications, social graphs,
organization, structure, specifications, application "look and feel",
features and related content that may be created in connection with the use of
or registration to the Services, including the selection and arrangement of any
of the foregoing, any modifications, enhancements, improvements and derivatives
thereof and all Intellectual Property Rights related thereto (collectively, the
"Company IPR") are the property of Company and/or its respective
affiliates which retain all right, title and interest in connection
therewith.
No transfer or grant of any rights is made or is to be implied by any provision
of these Terms or by any other provision contained in the Services with respect
to the Company IPR or otherwise.
"Intellectual Property Rights" means worldwide, whether
registered or not
- Rights associated with works of authorship, designs and
photography, including copyrights;
- Trademarks, service marks, domain names, logos, trade
names, trade dress and goodwill rights whether or not registered;
- Patents, patent applications and industrial designs;
- Rights analogous to those set forth herein and any
other proprietary rights relating to intangible property;
- Divisions, continuations, renewals, reissues and
extensions of the foregoing (as applicable) now existing or hereafter
filed, issued, or acquired.
6. USER WARRANTIES AND
REPRESENTATIONS
You represents and warrants to Company that:
- You have, and will have at all times, all permits,
consents and rights as required to fulfill your obligations and grant to
Company any and all rights, licenses and consents hereunder, including
without limitation in respect of the Submitted Material;
- You and your use of the Services will comply with all
applicable laws, rules, regulations, statutes, and ordinances.
7. PRIVACY
Company privacy practices are governed by Company's privacy policy, the most
updated copy of which can be found on the Services ("Privacy
Policy").
8. DISCLAIMER
YOU AGREE THAT YOU’RE USE OF THE SERVICES AND/OR THE COMPANY IPR SHALL BE AT
YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION COMPANY IPR, ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND
FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE COMPANY IPR AND/OR SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE
SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE COMPANY IPR OR SERVICES, INCLUDING, WITHOUT
LIMITATION, THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE
RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE
TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY
VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY
IPR.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WITH RESPECT TO EACH AND
EVERY CATEGORY OF PRODUCTS, YOU AGREE AND ACKNOWLEDGE THAT COMPANY NEITHER
PRESUMES NOR COMMITS TO ANALYSE ALL THE PRICES AND OFFERINGS FOR EACH OF THE
PRODUCTS IN THE SPECIFIC PRODUCT CATEGORIES. FURTHERMORE, YOU AGREE THAT
COMPANY'S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND ARE NOT
ENDORSEMENTS OR RECOMMENDATIONS. SUCH RANKINGS AND SELECTIONS ARE GENERATED BY
COMPANY'S ALGORITHM WHICH TAKES INTO ACCOUNT MULTIPLE PARAMETERS THAT HAVE BEEN
SELECTED BY COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF
LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL
COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR
LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR
ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT
NOT LIMITED TO, ANY LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, BUSINESS
INTERUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN
ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE
SERVICES AND/OR COMPANY IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY. WITHOUT
DEROGATING FROM THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT THAT
DESPITE THE FOREGOING COMPANY WILL BE FOUND LIABLE BY ANY COMPETENT AUTHORITY,
COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED A TOTAL AMOUNT OF ONE HUNDRED
USD (100$).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY
LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND
THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO
ENTER INTO THESE TERMS.
10.
INDEMNIFICATION
You agree to defend, indemnify and hold Company and anyone on its behalf,
including but not limited to, all of its owners, managers, officers,
affiliates, employees, agents, licensors and suppliers harmless from and
against any losses, expenses, liabilities, costs, claims, damages (including
attorneys' fees, expert fees' and other costs of litigation) arising from,
incurred as a result of, or in any manner related to:
- any use of your account and/or your use of the
Services;
- your violation of any third party right, including,
without limitation, any copyright, property, or privacy right, and
including any third party claim in respect of the Submitted Materials; and
- any breach of these Terms.
11. THIRD PARTY
CONTENT, PRODUCTS AND SERVICES
The Services contain content, links and references to third party services,
products and resources. Company does not control the availability and content
of those third party services, products and resources. Any concerns regarding
any such services, products or resources, or any content or link thereto,
should be directed to the applicable third party service, product, or resource
provider.
Links are provided only as an informational resource, simply as a service and
only for your convenience. Company is not responsible or liable for such links
and/or content. Should you leave the Services via a link contained herein
and/or view content that is not provided by Company, you do so at your own risk
and Company shall not be responsible or liable for damages or losses caused in
connection therewith. In as much as you are redirected to linked sites,
applications and content, we recommend you to carefully read and abide by the
terms of use and privacy policies of such applications, sites and
content.
Some of the content and materials available through the Services may be provided
by third parties. No reference made in the Services to any third party content
(including Submitted Materials and advertisements), product, process, service,
payment portal, or provider of such product, process or service ("Third
Party Content") constitute or imply an endorsement, recommendation or
favoring by Company. The Third Party Content may include payment portals
accessible through the Services, such payment portals, regardless of their
framing, branding or design, are provided by third parties in respect of third
party products and are made available through the Services solely for your
convenience.
Any opinions, advice, statements, content, services, products, offers or other
information expressed or made available by such third parties, are those of the
respective author(s) or distributor(s) and do not necessarily state or reflect
those of Company and Company does not endorse, promote, solicit, recommend or
sell them or any Third Party Content in any way nor shall Company be
responsible or liable for any of the foregoing. Any product or service ordered
in respect of Third Party Content is not ordered from Company, but from the
applicable third party service or product provider. Company is not a party to
any transaction in respect of sale or delivery of Third Party Content. Company
is a mere conduit in respect of Third Party Content and provides a platform
that may be used for information purposes only and for ease of access to third
parties who market and sell such products. Company does not screen Third Party
Content and makes no warranties or representations as to, and shall have no
liability for any of the foregoing. When you click on links to various
merchants or providers on the Services and make a purchase, this can result in
us earning a commission. Affiliate programs and affiliations include, but are
not limited to, the eBay Partner Network.
11. NOTICE AND
TAKEDOWN
In the event that you believe that any content included in the Services
violates your Intellectual Property Rights, right to privacy or is defamatory
or otherwise illegal, please file a detailed notice of complaint to Company
contacting Company with the contact details available on the Services,
identifying such content and detailing the factual basis of your complaint and
we will make reasonable efforts to remove the content.
12. TERMINATION
We may terminate these Terms and/or suspend your right to access or use any
portion or all of the Services and/or Company IPR immediately (including,
without limitation, the license set forth in Section 2.1 above), at our sole
discretion and without notice. Upon termination you shall immediately cease
using the Services and the following Sections shall survive: 1, 2.2,
3-14.
Without derogating from any other right and remedy provided to Company under
law and/or these Terms, Company reserves the right to limit or revoke your
license and access to and/or use of the Services and/or the Company IPR in its
sole discretion, at any time, and for any reason, including, but not limited
to, technical difficulties or violation of these Terms. If your license to use
the Services expires or is terminated, Company may, without notice, delete or
deny you access to any of the Company IPR, Submitted Materials or meta data
that may remain in its possession or control.
13. ARBITRATION, CLASS
WAIVER, AND JURY WAIVER
- 13.1 Applicability of Arbitration Agreement. All
claims and disputes arising out of or relating to these Terms or the use
of the Services that cannot be resolved in small claims court will be resolved
by binding arbitration on an individual basis ("Disputes"),
except that you and Company are not required to arbitrate any dispute for
enforcement or infringement of either party's Intellectual Property
Rights ("Excluded Disputes"). Any and all Disputes relating to,
arising out of, or in any way in connection with your rights of privacy
and publicity are not Excluded Disputes.
- 13.2 Arbitration Rules. The Federal Arbitration
Act governs the interpretation and enforcement of this dispute-resolution
provision. Arbitration will be initiated through the American Arbitration
Association ("AAA"). If the AAA is not available to arbitrate,
the parties will select an alternative arbitral forum. The rules of the
arbitral forum will govern all aspects of this arbitration, except to the
extent those rules conflict with these Terms. The AAA Consumer Arbitration
Rules governing the arbitration are available online at or by
calling the AAA at 1-800-778-7879. The arbitration will be conducted by a
single neutral arbitrator. Any Disputes where the total amount sought is
less than $10,000 USD may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief. For Disputes where
the total amount sought is $10,000 USD or more, the right to a hearing
will be determined by the arbitral forum's rules. Any judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
- 13.3 Additional Rules for Non-appearance
Arbitration. If non-appearance arbitration is elected, the
arbitration will be conducted by telephone, online, written submissions,
or any combination of the three; the specific manner will be chosen by the
party initiating the arbitration. The arbitration will not involve any
personal appearance by the parties or witnesses unless the parties
mutually agree otherwise.
- 13.4 Authority of the Arbitrator. The arbitrator
will decide the jurisdiction of the arbitrator and the rights and
liabilities, if any, of you and Company. The dispute will not be consolidated
with any other matters or joined with any other cases or parties. The
arbitrator will have the authority to grant motions dispositive of all or
part of any claim or dispute. The arbitrator will have the authority to
award monetary damages and to grant any non-monetary remedy or relief
available to an individual under applicable law, the arbitral forum's
rules, and the Terms. The arbitrator will issue a written award and
statement of decision describing the essential findings and conclusions on
which the award is based, including the calculation of any damages
awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and Company.
- 13.5 Waiver of Jury Trial. YOU AND COMPANY WAIVE
ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES.
You and Company are instead electing to have claims and disputes resolved
by arbitration. In any litigation between you and Company over whether to
vacate or enforce arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A
JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- 13.6 Waiver of Class or Consolidated Actions. ALL
CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If,
however, this waiver of class or consolidated actions is deemed invalid or
unenforceable, neither you nor we are entitled to arbitration; instead all
claims and disputes will be resolved in a court as set forth in Section
13(12) below.
- 13.7 Confidentiality. No part of the procedures
will be open to the public or the media. All evidence discovered or
submitted at the hearing is confidential and may not be disclosed, except
by written agreement of the parties, pursuant to court order, or unless
required by law. Notwithstanding the foregoing, no party will be prevented
from submitting to a court of law any information needed to enforce this
arbitration agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
- 13.8 Right to Waive. Any rights and limitations
set forth in this arbitration agreement may be waived by the party against
whom the claim is asserted. Such waiver will not waive or affect any other
portion of this arbitration agreement.
- 13.9 Opt-out. You may opt out of this arbitration
agreement. If you do so, neither you nor Company can force the other to
arbitrate. To opt out, you must notify Company in writing no later than
thirty (30) days after first becoming subject to this arbitration
agreement. Your notice must include your name and address, your Company
username and the email address you used to set up your Company account (if
you have one), and an unequivocal statement that you want to opt-out of
this arbitration agreement. You must send your opt-out notice to Company's
address published on the Services.
- 13.10 Small Claims Court. Notwithstanding the
foregoing, either you or Company may bring an individual action in small
claims court.
- 13.11 Arbitration Agreement Survival. This arbitration
agreement will survive the termination of your relationship with Company.
- 13.12 Venue for Excluded Disputes. Excluded
Disputes shall be governed by and construed in accordance with the laws of
Israel, without regard to the principles of conflict of law therein. The
parties consent to the exclusive jurisdiction of the courts of Tel
Aviv-Jaffa in respect of Excluded Disputes and hereby submit themselves to
the jurisdiction of these courts.
- 13.13 U.N. Convention. The application of the
United Nations Convention of Contracts for the International Sale of Goods
or other international laws is expressly excluded, whether the claim is in
arbitration or at court.
14. GENERAL
- If any provision of these Terms is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable and if such provision is determined to be
invalid or unenforceable nonetheless, the provision shall be deemed to be
severable from the remainder of these Terms and shall not cause the
invalidity or unenforceability of the remainder of these Terms;
- You acknowledge and agree that Company has the right,
at any time and for any reason, to redesign or modify the Company IPR and
other elements of the Services or any part thereof; (iii) this is the
entire agreement between you and Company regarding the subject matter
herein;
- Company may assign these Terms, in whole or in part, in
its sole discretion. You are not entitled to assign or otherwise transfer
the Terms, or any of your rights or obligations hereunder, to any third
party without the prior written consent of Company. Any unauthorized
assignment will be void and of no force or effect;
- Unless otherwise expressly provided, no provisions of
these Terms are intended or shall be construed to confer upon or give to
any person or entity other than you and Company any rights, remedies or
other benefits under or by reason of these Terms. Company's affiliates,
licensors and service providers shall be deemed as third party
beneficiaries of the limitation of liability, disclaimer and
indemnification provisions herein;
- The failure of either party to enforce any rights
granted hereunder or to take action against the other party in the event
of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of
future breaches;
- All waivers must be in writing. Any waiver or failure
to enforce any provision of these Terms on one occasion will not be deemed
a waiver of any other provision or of such provision on any other
occasion;
- Any cause of action arising out of or related to the
Services must commence within one (1) year after the cause of action
accrues. Otherwise, such cause of action is permanently barred.
- If you have any further questions or require further clarification, please contact us by sending an e-mail to Company (contact details available on the Services)