Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Website has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

This Website is provided by:

Algoritmi Vision Inc. - 800 West El Camino Real, Suite 180, Mountain View, CA, 94040

Owner contact email: contact@plex.page

"This Website" refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • applications for mobile, tablet and other smart device systems;
  • the Service;

The following documents are incorporated by reference into these Terms:

  • Please keep in mind that all content is machine generated, we do not bear any responsibility
  • YouTube Terms of Service (https://www.youtube.com/t/terms)
  • Google Privacy Policy (https://policies.google.com/privacy)

What the User should know at a glance

  • Usage of this Website and the Service is age restricted, as detailed in the relevant section of this document.
  • The Service/this Website is only intended for Consumers.
  • Minors may access this Website and use its Service only under parental or adult supervision.
  • This Website uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

  • Users must qualify as Consumers;
  • Users must be older than 18;
  • Minors may only use this Website under parental or adult supervision;
  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By using the tools provided for account termination on this Website.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website - “Some-rights-reserved”

Unless where explicitly stated, the following does not apply to any content provided by third-party licensors and available on this Website, such as for instance third-party trademarks, logos, images or the like:

The intellectual property rights for content owned and provided by the Owner are licensed on a “some-rights-reserved” basis.

Users can find further details about how they may use such content in the relevant section of this Website.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, on this Website Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Website. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

  • pretending to fulfill any possible condition or requirements for accessing this Website and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
  • concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
  • manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
  • defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
  • promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on this Website;
  • probing, scanning or testing the vulnerability of this Website, including the services or any network connected to the website, nor breaching the security or authentication measures on this Website, including the services or any network connected to this Website;
  • installing, embedding, uploading or otherwise incorporating any malware into or via this Website;
  • using this Website or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
  • attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on this Website or the Service;

Excessive use of the Service

  • using a resource of this Website excessively in relation to other Users of this Website – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

Content restrictions

  • disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
  • publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
  • disseminating or publishing any content that is false or may create unjustified alarm;
  • using this Website to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
  • using this Website to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
  • publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Website or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;

User protection

  • misappropriating any account in use by another User;
  • harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on this Website or by any other means;
  • using any information relating to other Users, including personal or contact data, for purposes other than those this Website is intended for;

Commercial use restrictions

  • registering or using this Website in order to promote, sell or advertise products or services of any kind in any way;
  • indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Website or that this Website has endorsed the User, the User’s products or services or any third party's products and services for any purpose;

Other restrictions

All Content on this Website is machine-generated and there is no middle-man to generate content based on User's search inquiries. That is why Users are responsible for search inquiries to summarize Content through this Website (application and models) for Content promoting activity such as:

• Inquiries to summarize Content endanger the User’s life or the life of any other User or lead to physical harm.

• Inquiries to summarize Content promoting Violence and Criminal Behavior.

• Inquiries to summarize Content promoting Terrorist activity, Organized hate, Mass or serial murder, Human trafficking, Organized violence.

• Inquiries to summarize Content promoting any non-governmental organization that engages in premeditated acts of violence against persons or property to intimidate a civilian population, government, or international organization in order to achieve a political, religious, or ideological aim.

• Inquiries to summarize Content promoting or publicizing violent crime, theft, and/or fraud.

• Sexual violence or sexual exploitation, including sexual assault.

• Inquiries to summarize Content that promotes, encourages, coordinates, or provides instructions for Suicide/Self-injury.

• Inquiries to summarize Content about self-injury.

• Inquiries to summarize Content that sexually exploits or endangers children.

• Inquiries to summarize Content promoting Any sexual activity involving minors in a sexual fetish context.

• Inquiries to summarize Content Engaging in any sexual activity involving minors.

• Inquiries to summarize Content promoting Child Nudity and Sexual Exploitation of Children.

• Inquiries to summarize Content promoting sexual violence and exploitation.

• Inquiries to summarize Content that purposefully targets private individuals with the intention of degrading or shaming them.

• Inquiries to summarize Content promoting harassment.

• Inquiries to summarize Content promoting nudity or sexual activity.

• Inquiries to summarize Content promoting Cannibalism.

• Inquiries to summarize Content promoting Sexually explicit language.

• Inquiries to summarize Content promoting sexual trafficking

Fair Use of Content to create "Online Knowledge."

In order to create the entire "Online Knowledge" of the World Wide Web, The Plex Page application uses content from different sources to summarise into one abstract form.

All Summaries are written by the Plex Page Machine that utilizes Natural Language Processing technology.

Our mission is to create "Online Knowledge" where summaries of any query can be updated instantly or in minutes, bringing benefits to people around the world.

At the same time, we do respect the work of publishers and other online content creators; therefore, we intend to share future profits with them.

How it works

From 1st August of 2021, we will start to monetize our application in two different ways. First, ads on the Plex page, second, Subscription for additional advanced searches.

From 1st May of 2022, we stopped all commercial activities on Plex Page, so the "Online Knowledge" program is currently in testing mode. We will publish the exact date when we move to the production version (resume commercial activities).

Structure:

After covering operating expenses, We will distribute 33% of the income from The Plex Page project depending on the share of links of a publisher from the total amount of links used to create summaries in https://plex.page.

34% of the income will go to R&D and database expansion.

33% of the income will go to Algoritmi Vision Inc.

The distribution of 33% of the income to participants will start once the project is profitable and once every quarter.

Participation in "Online Knowledge" program

Please, send us an email with a request about your willingness to participate in the program - knowledge@plex.page.

We will reply with a confirmation and indicate how many links from your website are used by https://plex.page and indicate your share in the total volume of links.

The Plex Page is a dynamic application, and users can update summaries at any time. As a result, links used by a machine will change. So to keep up to date, we will update your information on a monthly basis.

User Requests to exclude from "Online Knowledge" program

Users might request the removal of content about himself/herself//themselves - knowledge@plex.page.

Requests for removal of content must come from a person/owner or verified immediate family member or an executor or authorized representative.

Copyright Infringement Notice and removal of your Site as one of the sources from summarized articles:

While Algoritmi Vision Inc (https://plex.page) strives to ensure all articles posted are credible, based on fair use doctrine, and do not infringe on other people's intellectual property rights.

https://plex.page content summarized from a variety of sources, and we respect the intellectual property of others, so we are ready to remove your Site (copyrighted work) as input to our summarization model by your request. Please, use the following process to notify us:

  1. Notify us by using your corporate email address to exclude your website from using it as input to summarize user's inquiries;

  2. Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single claim, a representative list of such works at that online site.

  3. Information reasonably sufficient to permit us to remove your website, such as you are the owner of an exclusive right that is allegedly infringed or are authorized to act on behalf of such owner.

We will act expeditiously to remove infringing material once informed; please, keep in mind that we have millions of articles, and it usually takes 3 to 5 business days to identify all articles where your website was used as an input source.

We consider our content and summarization tool as fair use based on the following principles:

• We have developed a unique business model that works for everyone and benefits everyone, and we intend to benefit internet users and at the same time share the profit with content publishers.

• We use other website's content as inputs to summarize search inquiries, so users can discover relevant information fast, consume it more efficiently in the exponentially growing online world;

• Our content has a different character and purpose regarding the original use of the work, and it doesn't substitute original content;

• It brings benefits to many people using the internet;

• Our website (model) uses factual work as input to our summarization model (technical articles, news items);

• We do believe that our summarization application does not harm the existing or future market or value of the copyright owner's original work;

Cookie policy

This website will store some information about your preferences on your own computer inside a tiny file called a cookie. A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device.The cookie allows the website to remember your actions or preferences over time.

You can delete all cookies that are already on your computer, and you can set most browsers to prevent them from being placed. However, if you do this, you may have to manually adjust some preferences every time you visit a site, and some services and functionalities may not work.

Most browsers support cookies, but you can set your browser to decline them and can delete them whenever you like.You can find instructions here for how you can do that on various browsers.

This website uses cookies to:

1) Identify you as a returning user and to count your visits in traffic statistics analysis

2) Remember your custom display preferences (such as whether you prefer comments to display all-collapsed or not)

4) Provide other usability features, including tracking whether you’ve already given your consent to cookies

Enabling cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience.

The cookie-related information is not used to identify you personally and is not used for any purpose other than those described here.

There may also be other types of cookies created after you’ve visited this website. This site uses Google Analytics, a popular web analytics service that uses cookies to help to analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of other website, compiling reports on website activity, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google undertakes not to associate your IP address with any other data held by Google.

Third Party Advertising

This site has third-party advertising companies serving ads to you when you visit. These companies may store information about your visits here and to other websites in order to provide you with relevant advertisements about goods and services. For example, if they know what ads you are shown while visiting this site, they can be careful not to show you the same ones repeatedly.

These companies may employ cookies and other identifiers to gather information which measures advertising effectiveness. The information is generally not personally identifiable unless, for example, you provide personally identifiable information to them through an ad or an email message.

They do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.

This site does not provide any personal information to advertisers or to third party sites. Advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards (for example, readers in the Pacific Northwest who read certain types of articles). Also, some third-party cookies may provide them with information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that they may use to provide you more relevant and useful advertising.

To learn more about what options you have about limiting the gathering of information by third-party ad networks, you can consult the website of the Network Advertising Initiative.

You can opt out of participating in interest-based advertising networks, but opting out does not mean you will no longer receive online advertising. It does mean that the companies from which you opted out will no longer customize ads based on your interests and web usage patterns using cookie-based technology.

Sharing Information

This site does not sell, rent, or disclose to outside parties the information collected here, except as follows:

(a) Affiliated Service Providers: This site has agreements with various affiliated service providers to facilitate the functioning of the site. For example, the site may share your credit card information with the credit card service provider to process your purchase. All administrative service providers that this site uses are required to have the same level of privacy protection as this site does, and therefore your information will be handled with the same level of care. Additionally, for example, this site may use analytic or marketing services such as Google Analytics, Google Adsense, Taboola, or RevContent, to which collection you hereby unconditionally consent.

(b) Where required by law: This site may share the collected information where required by law, specifically in response to a demand from government authorities where such demand meets the legal requirements.

(c) Statistical Analysis: This site may share Non-Personal Information and aggregated information with third parties, including but not limited to for advertising or marketing purposes. No Personal Information will be shared in this manner.

(d) Transactions: In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Personal Information may be disclosed or transferred as a business asset.

How To Opt Out Of Interest-Based Advertising

Opting Out of Interest-Based Advertising Services: This website is a member of the Network Advertising Initiative(NAI) and adheres to the NAI Codes of Conduct as described on the NAI website. This website also adheres to the Digital Advertising Alliance (DAA) Self-Regulatory Principles. For a description of the DAA Program, please visit theDAA website.

Opting Out of Interest-Based Advertising by Third Parties: To find out more about interest-based advertising on the internet and how to opt out of information collection for this purpose by companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAI’s opt-out page or DAA’s Consumer Choice Page.

TERMS AND CONDITIONS OF SALE

Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

To purchase Products, the User must register or log into this Website.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Authorization for future PayPal payment

If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Purchase via app store

This Website or specific Products available for sale on this Website must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible.

Subscriptions handled via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on this Website. When doing so, Users acknowledge and accept that

  • any payment due shall be charged to their Apple ID account;
  • subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
  • any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
  • subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Website.

If the notice of termination is received by the Owner no later than 1 days before the subscription renews, termination shall take effect as soon as the current period is completed.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

  • the User’s grant of licenses under these Terms shall survive indefinitely;
  • the User’s indemnification obligations shall survive for a period of five years from the date of termination;
  • the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Product

A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by this Website as described in these Terms and on this Website.

Terms

All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Website.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Latest update: May 02, 2022

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