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).
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
endeavors 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
unauthorized
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 (
"gifs"
), 1×1
pixels, web
bugs, cookies,
or other similar
devices
(sometimes
referred to as
"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
unauthorized
script or
other
software.
-
Use
a buying agent
or purchasing
agent to make
purchases on the
Services.
-
Make
any
unauthorized
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
pretenses
.
-
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
endeavor
or
commercial
enterprise.
5. USER GENERATED
CONTRIBUTIONS
The
Services
does not
offer
users to
submit or
post
content.
We
may
provide
you with
the
opportunity
to create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or
broadcast
content
and
materials
to us or
on the
Services,
including
but not
limited to
text,
writings,
video,
audio,
photographs,
graphics,
comments,
suggestions,
or
personal
information
or other
material
(collectively,
"Contributions"
).
Contributions
may be
viewable
by other
users of
the
Services
and
through
third-party
websites.
When you
create or
make
available
any
Contributions,
you
thereby
represent
and
warrant
that:
You
and Services agree that we may access, store,
process, and use any information and personal data
that you provide
and your choices (including settings).
By
submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such
feedback for any purpose without compensation to you.
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.
7. 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.
8. 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
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.
9. 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.
10. GOVERNING LAW
These
Legal Terms shall be governed by and defined following the laws
of
Loracle
. Loracle and
yourself irrevocably consent that the courts of
Loracle
shall have exclusive jurisdiction to resolve any dispute
which may arise in connection with these Legal Terms.
11. 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 hello@loracle.com days before
initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of
or in connection with these Legal Terms, including any question
regarding its existence, validity, or termination, shall be referred
to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause.
The number of arbitrators shall be
hello@loracle.com. The seat, or legal place, or
arbitration shall be
Loracle
. The language of the proceedings shall be Loracle. The governing law of
these Legal Terms shall be substantive law of
Loracle
.
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 utilize class action
procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the
general public or any other persons.
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
unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of
that court.
12. 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.
13. 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
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE
CAUTION WHERE APPROPRIATE.
14. 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.
NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED
TO
THE
LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU
TO US
OR
.
CERTAIN
US STATE LAWS AND
INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
15. 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) use
of the Services; (2) breach of
these Legal Terms; (3) any breach
of your representations and warranties set forth in these
Legal Terms; (4) your
violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) 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
defense and
control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense,
with our defense of such
claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
16. 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.
17. 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.
18. 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
defenses 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.
19. 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:
Drew
Tyler