Terms of Service
Last
updated
November 25,
2024
AGREEMENT TO OUR
LEGAL TERMS
We are
Vision Projects
, a non-profit in
Germany
at Untere
Hauptstraße 19
,
Zellingen
,
Bavaria
97225
.
We operate https://www.visionprojects.net
(the
You can contact us by
phone at (+49)160 5962191
, email at
contact@visionprojects.net
or by mail to Untere
Hauptstraße 19
Zellingen
Bavaria
97225
,
Germany
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an
entity (
Vision Projects , 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. The modified
Legal Terms will become
effective upon posting or notifying you by
contact@visionprojects.net , as stated in
the email message. By
continuing to use the Services after the effective date
of any changes, you
agree to be bound by the modified terms.
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
The Content and Marks are provided in or through the
Services
only.
Your use
of our Services
Subject
to your compliance with these Legal Terms,
including the
section below, we grant you a non-exclusive,
non-transferable, revocable
- 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:
contact@visionprojects.net
. 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
PROHIBITED
ACTIVITIES
section carefully prior to using our Services to
understand the (a)
rights you give us and (b) obligations you have when you
post or upload any
content through the Services.
Submissions:
By directly sending us
any question, comment, suggestion, idea, feedback, or
other information about
the Services (
), 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 (
). 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
and possibly
through third-party websites
When you post
Contributions, you grant us a
(including use of your
name, trademarks, and logos):
By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right,
and
This
You are responsible for
what you post or
upload: By sending us Submissions
and/or posting Contributions
through any part of the Services
- confirm that you have
read and agree with our
" " nor post any Contribution - 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 and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions - warrant and represent
that your Submissions
and/or Contributions
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
, or if a
minor, you have
received parental
permission to use the
Services
; (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
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:
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
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
6.
All
sales are final and no refund will be issued.
7. 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
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
- 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
(
- 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
- Use a buying agent or purchasing agent to make purchases on the Services.
-
Make
any
-
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
-
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
8. 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
- 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
- Your
Contributions
are not obscene,
lewd,
lascivious,
filthy, violent,
harassing,
- 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.
9. CONTRIBUTION
LICENSE
By
posting your
Contributions to any
part of the
Services
, 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
license
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
authorize
sublicenses
of the
foregoing. The
use and
distribution may
occur in any
media
formats and
through any
media
channels.
This
license
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
re-categorize
any Contributions
to place them in more
appropriate locations on
the Services; and (3)
to pre-screen or delete
any Contributions at any
time and for any reason,
without notice. We have
no obligation to monitor
your
Contributions.
10. GUIDELINES
FOR REVIEWS
We
may
provide you areas on the Services to leave reviews or
ratings. When posting a
review, you must comply with the following criteria: (1)
you should have
firsthand experience with the person/entity being
reviewed; (2) your reviews
should not contain offensive profanity, or abusive,
racist, offensive, or
hateful language; (3) your reviews should not contain
discriminatory references
based on religion, race, gender, national origin, age,
marital status, sexual
orientation, or disability; (4) your reviews should not
contain references to
illegal activity; (5) you should not be affiliated with
competitors if posting
negative reviews; (6) you should not make any
conclusions as to the legality of
conduct; (7) you may not post any false or misleading
statements; and (8) you
may not
We
may accept, reject, or remove reviews in our
sole discretion. We have
absolutely no obligation to screen reviews or to
delete reviews, even if
anyone considers reviews objectionable or
inaccurate. Reviews are not
endorsed by us, and do not necessarily represent
our opinions or the
views of any of our affiliates or partners. We
do not assume liability
for any review or for any claims, liabilities,
or losses resulting from
any review. By posting a review, you hereby
grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully
paid, assignable, and
sublicensable right and
11. THIRD-PARTY
WEBSITES AND CONTENT
The
Services
may contain (or you may be sent via the
12. ADVERTISERS
We
allow
advertisers to display their advertisements and other
information in certain areas of
the Services, such as sidebar advertisements or banner
advertisements. We simply provide
the space to place such advertisements, and we have no other
relationship with
advertisers.
13. 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.
14. PRIVACY
POLICY
We
care about
data privacy and security. Please review our Privacy
Policy:
https://www.visionprojects.net/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 Germany
Germany
Germany
Germany
15. 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.
16. 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.
17. 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 also reserve the
right to modify or discontinue all or part of the Services
without notice at any time.
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.
18. GOVERNING
LAW
These
Legal
Terms are governed by and interpreted following the laws of Germany
Vision
Projects and yourself both agree to submit to the
non-exclusive
jurisdiction of the courts of Bavaria
, which means that you
may make a claim to defend your consumer protection rights in
regards to these Legal
Terms in Germany
19. DISPUTE
RESOLUTION
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. The seat of
arbitration shall be Zellingen ,
Germany
German . Applicable rules of substantive law shall be the
law of Germany
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
20. 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.
21.
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
AND EXERCISE CAUTION WHERE APPROPRIATE.
22. 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
AMOUNT
PAID, IF
ANY, BY
YOU TO
US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
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.
23. 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
and control of any matter for which you are required to
indemnify us, and you
agree to cooperate, at your expense, with our
24. 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.
25. 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.
26. 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.
27. 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.
28. 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: