Membership Subscription Terms of Service Agreement
TABLE OF CONTENTS
- 2. Registration process, Access to the Services and Unauthorized Use
- 3. Users' Content
- 4. Free Memberships & Paid Memberships
- 5. Payment General Terms
- 6. Prohibited Conduct and Content. Legal Compliance
- 7. Warranties and Disclaimers
- 8. Liabilities
- 9. Copyright and Intellectual Property
- 10. Terms and Termination
- 11. Forms of Notice
- 12. Miscellaneous
- 13. Controlling Law and Jurisdiction; Class Action Waiver
1.1. Welcome to LOCALTEMPTATION.COM. Our Terms & Conditions (“Terms” or “Agreement”) constitute the entire agreement between You (Hereinafter, referred to as "You" or "User"), an individual of legal age, duly identified upon registration in https://www.localtemptation.com (Hereinafter, referred to as "Website"), and High Knight Limited, a company incorporated in Cyprus, which registered address is found at 207 Arch. Makariou III, 2827 Galata, Nicosia, Cyprus (Hereinafter, referred to as “Company”, “We”, "Our" or “Us”).
1.2. High Knight Limited is the exclusive owner of LOCALTEMPTATION.COM™ and the systems, trademarks, domains and platforms used in relation to it, including, but not limited to, all LOCALTEMPTATION.COM’s websites, mobile applications, and other digital and interactive services that link to these Terms.
1.3. These Terms have the purpose to set forth the terms and conditions that govern Your visit, access and use of the Website, as well as the Company’s rendering of, Your access to and use of the online dating services provided through the Website (Hereinafter, referred to as “Services"). The Website’s main goal is to provide You an adult entertainment experience. The Services enable different users to connect with each other, exchange pictures, stories, fantasies, and contact and engage in conversations.
1.4. Upon Your use of this Website and Your registry to use the Services, You acknowledge to be subject to and bound by these Terms.
1.5. We hold the right to modify these Terms at any time without the need of Your prior written consent. In that case, an updated version of the Terms will be posted on the Website. In that regard, You are responsible for ensuring that You regularly review the Terms available on this Website. We recommend You to save or print a copy of these Terms for future reference.
1.6. You shall only use this Website or register as a user of the Services only if You are over 18 years old (or even older if the jurisdiction applicable to You sets forth another age). In this regard, You undertake and warrant that You are over 18 years old and that You have the capacity to enter into this Agreement and comply with these Terms.
1.7. If You do not agree to these Terms, You shall not be accessing to, registering to, nor using the Services or this Website in any way.
2.2. You will need to set a username and a password to access Your user account and the Services. When choosing Your password, You must make sure that Your chosen password is sufficiently secure and strong. You hereby acknowledge that You are solely responsible for selecting a password that is not easily guessed and for keeping Your password safe and agree not to transfer or resell Your use of or access to the Website to any third party. If You have any reason to believe that Your account is no longer secure, You must immediately notify Us and You must promptly change Your password by updating Your account information. You are the only one responsible for protecting and safeguarding Your username and password from unwarranted disclosure or non-authorized use, hence, for any activity that may happen under Your account, only You will be held fully liable. In no event We shall be considered liable for any loss or damage arising out of Your failure to protect and safeguard Your account from unauthorised or unwarranted access or use, or for Your failure to maintain the password confidential and secure.
2.3. We may demand You some sort of identification to verify: (i) Your identity; (ii) the data given by You; (iii) Your payment or billing data; and/or (iv) Your compliance with Our Terms.
2.4. When You upload and share some of Your Personal Data on LOCALTEMPTATION.COM, some of such Personal Data will become accessible to all Our users and will form part of Our database. Your profile and the content that You post may be searchable by other users through the Website, for instance, by third party search engines (also through those websites operated and/or powered by Us, including, but not limited to, those websites co-branded or privately labelled), hence, You may also be able to search other profiles and its contents.
3.1. The Services may enable to all Our users to, whether publicly or privately, submit, post, upload, publish, link to, transmit, record, display or otherwise make available information and content, including, but not limited to, texts, videos (whether streamed or otherwise), photographs, recordings, reviews, messages, ideas, comments and other content (Hereinafter, collectively referred to as “Users' Content”). You are solely liable and responsible for the content that is posted under Your account.
3.2. We shall have the right to supervise all profiles, messages, chat conversations, instant messages, videos and audio recordings to make sure that they conform with the requirements of these Terms, as well as to delete, move or edit any Users' Content (for instance, profiles, messages, videos and audio recordings) that We, at Our sole discretion, deem to breach these Terms or to be otherwise considered unlawful or unacceptable. Notwithstanding the foregoing, We are materially unable to supervise all material posted or sent by the users, therefore, We shall not be deemed liable in any manner for any such material.
3.3. We will make Our best efforts to safeguard Your information, nevertheless, We can't ensure the security of any information that You transmit Us. You expressly acknowledge and represent that any information which You communicate Us will be done at Your own risk. Notwithstanding the foregoing, once We receive Your transmission, We will take those necessary steps to preserve the security of such information.
3.4. We provide You access to the Website exclusively for Your personal use, however, We may allow other kind of uses if provided by Us in writing. Therefore, businesses, groups, organizations and companies are forbidden from registering as users. You may print a copy of any information contained on the Website as long as it is only for Your personal use, except if provided otherwise.
3.5. Bots and Automated Profiles.
Please, note that while using Our Services You may sometimes interact with automated online accounts and/or fictitious profiles, which its interactions been generated by or with the assistance of automated programs or scripts, or by real persons that have been contracted or employed by Us (Hereinafter, referred to as “Bots”, "Automated Profiles” or “Fictitious profiles”). These Automated Profiles are being used within the Services for the enhancing Your amusement experience and providing You with entertaining services, which helps You to better intercommunicate with another user who is a real human being.
Bear in mind that none of the content or actions made by Automated Profiles are the result of, or arise in connection with, a natural person’s profile or otherwise User Content. Any of dialogues with Automated Profiles really exist and have been generated exclusively by programming.
In compliance with the Bolstering Online Transparency Act (when applicable) or any other equivalent regulation, We added tags with creative nicknames to all the existent Automated Profiles, so they are easily identifiable for You. These tags will always be displayed on the top bottom right of the user’s identification information.
4.1. You may become a user of the Website free of charge. This kind of membership will only entitle You to participate in some of the features available through this Website (Hereinafter, referred to as “Free Membership”).
4.2. To access to additional features, You may upgrade and add additional features to Your Free Membership account, which may require You to make some payments (Hereinafter, referred to as “Paid Membership”). Your use of those upgradings and additional features will be conditioned to the payment of the fees established for it (Hereinafter, referred to as “Fees”). Such Fees may be subject to changes, updates or amendments. We will let You know before You start using any Paid Membership, pointing out in that case which Fees will be applicable and the amount that will be charged. We will charge You through the payment method that You have chosen (such as credit card or debit card) for any Paid Membership. You have the right to choose the duration for which You wish to subscribe to the Paid Membership for (only among the options available on the Website). You acknowledge that there may exist discrepancies between jurisdictions in relation to the Fees, which discrepancies are reflective of the costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction. The subscription period paid by You shall be automatically extended for the same period as the original subscription, unless cancelled before by You through Your profile settings. You have the right to pause the auto-renewal accordingly with what's provided in these Terms. If You have not paused it, the subscription will be auto-renewed for the periods specified. You hereby give Us permission to charge You through Your chosen payment method those Fees on a recurring basis. By contrast, if You terminate the auto-renewal, We will stop charging You with the corresponding Fees. Any type of termination shall not affect the charges made before We could reasonably act. In any case, You shall provide current, complete and accurate information to enable the Fees to be charged correctly, and such information shall be updated regularly. If We have any kind of suspicion about Your payment activity, We reserve Our right to temporarily or permanently suspend any of Your payments, and/or contact You, Your banking entity or any other relevant third party to report such unusual activity and/or obtain additional information. If We offer any free trial or other promotion of any of Our services, such services are meant to be used only during the specified time of the trial. After that, the corresponding Fees will be charged to You, according to the Terms and Conditions that may be provided in the corresponding promotion.
5.1. Everytime that You make a purchase of the products or services offered by Us on the Website, such purchase will be normally subject to separate terms of sale, which will be presented on the website or on the online service where the purchase is made.
5.2. When We offer products and services for purchase on the Website (Hereinafter, referred to as “Purchase”), You may choose to pay for those products and services, for instance, with Your credit card or debit card (Hereinafter, referred to as “Payment Method”), which normally will be processed by a third party processor. When You make a Purchase, You authorise Us to charge You the corresponding amount through Your chosen Payment Method. When the payment is not received by Us from Your chosen Payment Method, You promise to rapidly pay all amounts due upon Our request. If the recurring payment was refused, We reserve the right to charge You with a 3$ convenience fee.
5.3. You may cancel Your subscriptions via the settings option under Your profile or by contacting Us through Our Contact section found on Our Website.
5.4. All charges for purchases are not refundable, moreover, there are no refunds for partially used periods. Nevertheless, under certain circumstances, there may be eventual refunds, which will be determined and made at Our sole discretion, or if We have the obligation to do so according to the applicable laws.
6.1. You acknowledge that You shall not use the Services in connection with any business, media purposes, or otherwise commercial endeavours (Hereinafter, referred to as “Commercial Use”), under penalty of immediate termination and further legal actions. For the sake of clarity, any use of the Services other than personal and consistent with these Terms, including use by competitors and the media, will be considered Commercial Use, therefore, deemed unauthorized.
6.2. This Section refers to Prohibited Conduct. Whether intentionally or unintentionally, the Services shall not be used to violate any applicable local, state, national or international law. Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is considered strictly prohibited. According to the non-exhaustive list of activities hereunder You are forbidden to:
a) Collect or store personal information about other members or other third parties for unwarranted or unlawful purposes;
b) Create derivative works based upon the Services;
c) Attempt to or otherwise gain unauthorised access to others’ accounts;
d) Commercially use the Services including, without limitation, for benchmarking or to compile information for a product or service;
e) Modify, translate, reverse engineer, decompile, or disassemble the Services or alter any accompanying documentation;
f) Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from or offer for sale, any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with Our prior written consent;
g) Partake in any activities that constitute or aid in software piracy, including, but not limited to, making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Member Content;
h) Sell, rent, lease, sublicense or otherwise transfer or distribute the Services to third parties.
6.3. This Section refers to Prohibited Content. Whether intentionally or unintentionally, You hereby undertake to refrain from using the Services to upload, download, post, e-mail, submit, transfer, distribute, display or link to, any Member Content that:
a) May reasonably be construed as violent, vulgar, obscene, pornographic, hateful or racially, sexually, ethnically or otherwise objectionable by, or as intended to harass, abuse, or threaten any person;
b) Could disable, overburden or impair the proper working of the Services;
c) Is unlawful, harmful, tortious, defamatory, libellous, or invasive to or of other’s privacy or publicity rights;
d) Exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way;
e) Contains advertising, offers for sale, or sells any item, whether prohibited or not from advertising or selling by any applicable local, state, national, or international law, especially firearms, explosives, weapons, alcoholic beverages, tobacco products for human consumption including, without limitation, cigarettes and cigars, items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, any controlled substances or pharmaceuticals, any dangerous items, any items that violate or infringe the rights of other members or otherwise third parties, any items that You do not have the legal right to sell, and any items that, in doing so through the Services, would cause Us to violate any law;
f) Contains in any way counterfeit goods; Gambling (this does not apply provided that You have an official license in the country You are advertising for. Links and countries You want to advertise for should be pre-approved by Us and provided also that no smart links are used; Violent sexy games; Sexy games which use non-consensual ads; E-Cigarettes, vape pens and cartridge refills; Nutra products (this does not apply provided that all the campaign banners and links are pre-approved by Us and provided also that no smart links are used); Digital game accounts, gaming keys, in-game currency and/or progression; Government-issued licenses and/or e-books on how to obtain such licenses; Black Boxes; Extreme hardcore video content ads and offers; Celebrity video content ads and offers; Teen video content ads and offers where the videos/ads show teens who might appear younger than eighteen (18) years of age; Dating ads which are not found in More Girls, Pops, Full page, Redirect zones and e-mail; The sale of any unlicensed good or service that “purports to test, cure, treat or prevent” COVID-19; Cannabidiol, as long as in the territory of Your residence it is not allowed its commercialization;
g) May degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexuality, disability or on other likewise morally and ethically reprehensible discrimination criteria;
h) Advocates or promotes illegal activity, discusses any illegal activity, irrespective of intent, or that provides instructions for an illegal activity (in whichever case, as determined by Us, at Our sole discretion);
i) Contains any malicious or invasive software, device, instructions, computer code, files, programs or other content or feature including, without limitation, any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling”, “lock out”, “metering” device or any form of malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or that could otherwise diminish the quality of, interfere with the performance of or impair the functionality of the Services;
j) Impedes or otherwise prohibits communication or disrupts members' discussion;
k) Infringes, or otherwise may contribute to inducing or facilitating the infringement of third parties’ intellectual property rights;
l) Interferes with the use and enjoyment of the Services by any other person;
m) Contains any trade secrets or other confidential or proprietary information, or any material that You do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
n) Falsely states or otherwise misrepresents Your affiliation with a person or entity, or facilitates or enables You to impersonate any person or entity in a manner that does not constitute parody;
o) Is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants;
p) Violates the law or encourages conduct that would constitute a criminal offence or give rise to civil liability;
q) Violates, or otherwise facilitates the violation of these Terms or any guidelines or Policies posted by Us;
r) May, directly or indirectly, be used as or for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”);
6.4. We have the right to remove any Member Content, block access to the Services and cancel the account of any Member deemed in violation of the foregoing, which will be determined at Our sole and absolute discretion.
6.5. You must strictly obey all the rules and guidelines contained in the paragraphs hereinbelow. Occasionally, this list may be updated by Us. If You are found in breach of any of these, We may unilaterally terminate Your use of the Services with no need to give You prior notice. In case of a minor breach, We shall notify You and grant You a period of twelve (12) hours to rectify such breach.
6.6. You shall make sure that the Services are relieved from:
- Landing page errors, including AdBlock blocking landing page URL;
- Unallowed creative types, such as moving elements (gif and HTML Banners) in centre cube and mobile header ad zones;
- Download buttons;
- Multiple Pop-up/Pop-unders;
- Misleading elements, such as Sweepstakes;
- Malware files;
- Malicious URL Post-Click;
- Misleading/fake video player;
- Landing page auto sound;
- SSL Certificate violation;
- Auto Redirect Browser;
- Mobile Vibrating landing page;
- Browser Locking.
6.7. Any type of content in relation to the products or businesses mentioned hereunder shall be considered strictly forbidden, except if otherwise provided in this Agreement:
- Government-issued licenses and/or e-books on how to obtain such licenses;
- Violent sexy games;
- The commercialisation of any unlicensed good or service which "purports to test, cure, treat or prevent” COVID-19;
- Cannibidiol (also known as "CBD");
- Gambling (this does not apply provided that You have an official license in the country where You are advertising. Links and countries where You want to advertise should be pre-approved by Us and provided also that no smart links are used.);
- Sexy games which use non-consensual ads;
- E-Cigarettes, vape pens and cartridge refills;
- Nutra products (this does not apply provided that all the campaign banners and links are pre-approved by Us and provided also that no smart links are used);
- Digital game accounts, gaming keys, in-game currency and/or progression;
- Counterfeit goods;
- Black Boxes;
- Extreme hardcore video content ads and offers;
- Child pornography, incest, bestiality, rape and non-consensual mutilation, etc.;
- Celebrity video content ads and offers;
- Teen video content ads and offers where the videos/ads show teens who might appear younger than eighteen (18) years of age;
- Dating ads which are not found in More Girls, Pops, Full page, Redirect zones and e-mail;
- Explicit nudity adverts (this includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative).
THE SERVICES ARE PROVIDED TO YOU AS THEY ARE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY LACK OF FUNCTIONALITY, LACK OF ACCESS OR POOR CONDITIONS OF USE OF THE SERVICES ATTRIBUTABLE TO UNSUITABLE EQUIPMENT, TO THE INTERNAL FUNCTIONALITY FAILURES OF YOUR INTERNET SERVICE PROVIDER, THE OVERLOADING OF THE INTERNET NETWORK AND ALL OTHER REASONS CONSTITUTING A FORCE MAJEURE EVENT.
YOU HEREBY ACKNOWLEDGE THAT DUE TO THE NATURE AND LIMITATIONS OF THE INTERNET, WE CANNOT WARRANT THAT ANY CONNECTION TO THE INTERNET WILL BE COMPLETELY SECURE. WE CANNOT EITHER WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES IF YOUR INTERNET SERVICE PROVIDER FAILS TO PROVIDE AN ADEQUATE LEVEL OF SERVICE.
YOU WARRANT THAT THE CONTENT THAT YOU PUBLISH ON THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, TEXT, VIDEOS (WHETHER STREAMED OR OTHERWISE), PHOTOGRAPHS, RECORDINGS, REVIEWS, MESSAGES, IDEAS, COMMENTS AND OTHER CONTENT, MUST BE REAL AND ACCURATE. WE CANNOT BE HELD LIABLE FOR THE ACCURACY OR OTHERWISE OF THE CONTENT PROVIDED BY YOU, NOR THE CONSEQUENCES THAT MAY DERIVE FROM THE USE OF THIS CONTENT. YOU HEREBY WAIVE YOUR RIGHT TO MAKE ANY CLAIM AGAINST US ON THE BASIS OF A POSSIBLE INFRINGEMENT ARISING FROM THE DISTRIBUTION OR DISSEMINATION OF USERS' CONTENT THAT CONCERNS YOU PERSONALLY.
WE SHALL NOT BE HELD LIABLE FOR ANY USERS' CONTENT DISSEMINATED BY ANOTHER USER THAT MAY POTENTIALLY INFRINGE YOUR RIGHTS, AND FOR WHICH WE DEMONSTRATE THAT WE DID NOT HAVE ACTUAL AND PRIOR KNOWLEDGE OF SUCH USERS' CONTENT BEFORE IT BEING DISSEMINATED AND/OR DID NOT BREACH OUR CONTRACTUAL OBLIGATIONS UNDER THESE TERMS.
YOU UNDERSTAND AND ACCEPT THAT THE DATA YOU PROVIDE THROUGH THE SERVICES, AS WELL AS YOUR BEHAVIOUR OR COMMENTS MADE THROUGH THE SERVICES, MAY BE REPORTED BY OTHER USERS AND MAY BE SUBJECT TO ACTS OF MODERATION AND/OR CONTROL BY US ON THE BASIS OF OBJECTIVE ASSESSMENT CRITERIA. IF IT IS SHOWN THAT YOU ARE IN VIOLATION OF ANY APPLICABLE LAWS OR YOUR CONTRACTUAL OBLIGATIONS EMANATING FROM THESE TERMS, WE MAY TERMINATE YOUR ACCOUNT PURSUANT TO WHAT'S PROVIDED IN THESE TERMS.
SHOULD THE APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY THE APPLICABLE LAW.
8.1. You promise to indemnify, defend, keep and hold Us, Our officers, directors, employees, members, shareholders, representatives, successors and assignees (Hereinafter, referred to as "Relative Parties"), harmless and indemnified from and against any claim, lawsuit or demand, to the fullest extent permitted or required by law, including, but not limited to, any judgements, fines, penalties, settlements, reasonable attorneys’ fees, litigation expenses, burden of loss, and any payments made by any third party in connection with or arising out of Your use of the Services, Your relation with the Services, Your violation of these Terms, Your breach of any applicable law, including, without limitation, any claims, lawsuits or proceedings for libel, slander, copyright and trademark violation, Your submission, posting, or transmission of Users' Content, and Your violation of any rights of third parties. We reserve the right, at Our own expense, to assume the exclusive defense and control of such disputes and, in any event, You agree to cooperate with Us in asserting any available defenses.
8.2. In no event We or Our Relative Parties shall be considered liable for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, or any loss of data, use, goodwill, or other intangible losses, arising out of: a) non-authorised access, use, or alteration of Your content, even if the Company has been advised of the possibility of such damages; b) Your access to or use of or inability to access or use the Services; c) the conduct or content of other users or third parties.
8.3. Without limiting the foregoing, Your sole remedy and the Company’s total aggregate liability relating to, arising out of, in connection with, or incidental to the Services or these Terms, no matter the cause or reason, shall be restricted to the actual direct damages incurred by You, up to the greater of the amounts: a) the one directly paid by You to the Company for the use of the Services, or; (ii) the one corresponding to the Company’s net revenue accrued directly in connection with Your use of the Services through the month immediately preceding the indemnification event. The referred limitation shall also apply on all actions or claims, in aggregate, irrespective of cause of action. The provided herein shall not be construed or operate as a waiver of, or otherwise limit, the Company’s ability to obtain injunctive or other equitable relief for the infringement of these Terms.
9.1. The Company holds all rights, titles, and interests in the Services and the Website, including, but not limited to, all the corresponding intellectual property rights, as well as to all rights not expressly granted. You understand and acknowledge that copyrights and intellectual property rights in the Services and the Website are exclusively owned or licensed by Us, including, but not limited to, text, graphics, logos, icons, sound recordings and software.
9.2. In the event that You were using any of Our intellectual property, You must include a statement attributing such intellectual property to the Company. You must not use Our intellectual property in any of the following circumstances: a) in a manner that disparages Us or Our information, products or services (including, without limitation, the Service and the Website); b) acting as it was wholly or partially of Your ownership; c) in connection with activities, products or services which are not Ours; and d) in a manner which may be confusing, misleading or deceptive.
10.1. You understand and acknowledge to be bound by these Terms from the moment of Your registration, and for as long as You maintain accessing and using the Services in good terms.
10.2. You have the right to terminate any of Your memberships at any time, either by requesting so on Your account from LOCALTEMPTATION.COM™ or by sending an email to https://www.localtemptation.com/help. This request will be deemed to have been made on the following working day from its receipt and You will be informed by email about the termination of Your membership.
10.3. You have the right to terminate the automatic renewal of Your Paid Membership twenty-four (24) hours after purchase and at least forty-eight (48) hours before Your Paid Membership is due to renew again, either by sending an email at https://www.localtemptation.com/help or by clicking on the cancellation button found in the settings section of Your account. In such case, the termination will have effect on the expiry date of the Paid Membership. Termination of the Paid Membership will be confirmed to You by email. You will no longer have access to the paid Services from the date that Your Paid Membership expires.
10.4. We may immediately terminate or suspend Your access to the Services in the following instances:
- for any conduct that violates any local, state, federal, or foreign laws or regulations;
- interference with the proper functionality of the Services, in whole or in part;
- should You fail to comply with any provision under these Terms or any of Our Policies;
- for any conduct that We may reasonably be deemed to be a violation of third party rights, such as copyright, trademark and rights of privacy and publicity or a violation under the Prohibited Conduct and Content and Legal Compliance Section hereto;
- for any conduct that We may reasonably deem to be directly or indirectly harmful to others.
10.5. Without prejudice to any of the above and unless explicitly stated, all covenants, agreements, representations, warranties and undertakings that are reasonably required, shall survive the termination of Your access to the Services, however so arising, until its complete or otherwise sufficient fulfilment, or upon due and lawful release of such.
11.1. Any notice, request, demand or other communication to be sent by Us to You may be done so by means of e-mail (at the last e-mail address notified by You to Us), or by posting a notice through the Services or on the Website, and shall be deemed duly served upon dispatch.
11.2. All notices, requests, demands and other communications that You may send to Us under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, telecopied (with confirmation), mailed by registered or certified mail (return receipt requested) or delivered by an express courier (with confirmation) at the following addresses:
207 Arch. Makariou III, 2827 Galata, Nicosia, Cyprus
12.1. Force Majeure. The Company shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure. Such excuse shall be continued so long as the condition constituting force majeure continues and the Company takes reasonable efforts to remove the condition. For purposes of this Agreement, force majeure shall include conditions beyond the control of the Company, including, without limitation, an act of God, voluntary or involuntary compliance with any regulation, law or order of any government, war, civil commotion, labor strike or lock-out, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe.
12.2. No Waiver. In case that We waive any rights available to Us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
12.3. Severability. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Terms, and the validity and enforceability of the other provisions of the Terms shall not be affected.
12.4. Assignment. You shall not assign any of Your rights under these Terms or in relation to the Services or Website to any third party. The Company has the right to assign any or all of its rights and obligations under these Terms or to the Services to any third party without giving You prior notice. At the election of the Company, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liabilities under this Agreement.
13.1. These Terms are exclusively governed by and interpreted in accordance with the laws of Cyprus without regard to its conflict-of-law provisions. Any and all actions seeking legal or equitable relief arising out of or relating to these Terms shall be brought, subject to, and finally resolved, only in the competent courts of the jurisdiction of Cyprus.
13.2. This Section is meant to be interpreted generally and governs, other than the litigation of certain intellectual property and small court claims as provided hereinbelow, any and all disputes, controversies and claims between You and Us, including, but not limited to, claims arising out of or relating to any aspect of the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement, including, but not limited to, claims related to advertising; and claims that may arise after the termination of these Terms. You agree that You may bring claims against Us only in Your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Despite the parties’ decision to subject all disputes to the competent courts of the jurisdiction of Cyprus, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorised use of intellectual property in the courts of the applicable jurisdiction or where is set forth by the applicable laws to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. The provisions regarding the Class Action Waiver shall survive after the termination o expiration of these Terms.
Date of last change: 2022-06-28 16:42:15