The Company
Limited Terms of Service
Last Revised: March 13, 2024
1. The Services:
The Terms of Service (the “Terms”) below apply to all users utilizing our online media and content delivery services, as well as community offerings through our website, related domains, subdomains, and mobile and desktop applications, streaming & TV (collectively referred to as the “Services”). These Terms manage your utilization of the Services, encompassing all functionalities, features, streaming services, audiovisual content, games, software, written media, PDFs, website links, user interfaces, and associated content and software provided by The Company (hereafter referred to interchangeably as “Company” “We,” “Us,” “Our,” with or without capitalization).
In conjunction with these Terms, Our Privacy Policy controls your engagement with the Company’s website (the “Site”) and the Services. The Privacy Policy is an integral piece of these Terms and is incorporated by reference. In combination, the Terms and the Privacy Policy constitute the “Agreement,” establishing a legally binding contract between you and Us.
The elements utilized on this website, including design and layout, are owned solely by the Company and shall not be duplicated or redistributed in any form. Any replication of the website or its content will be contested, and if necessary, legal action will be taken. Advanced permission must be sought and received by the website owner for any matters regarding the use of elements from this website.
To find the name and details of the company offering the Services, they are available in the following locations:
2. Agreement to Terms and Future Modifications:
By exploiting, browsing, engaging with, or creating an account or utilizing the Services provided on the Site, you are entering into a legally binding arrangement between yourself and Us. Consequently, you acknowledge that you have reviewed, comprehended, and agreed to abide by these Terms. If you take issue with or refuse to accept any of these Terms, you are not permitted to access the Services. The Company reserves the right, in its absolute discretion, to modify, add, or delete any of these Terms without prior notice or liability to you. Any modifications to these Terms shall become effective immediately upon publication. You agree to regularly review these Terms by visiting the “Terms of Use” page on the Site and agree that your continued use of the Services subsequent to changes to these Terms constitutes your acceptance of all such modifications, regardless of whether you spent time reviewing the changes.
3. Access and Use of the Services:
To access and utilize some features of the Site, and to become a subscriber, you must register for an account, which requires the creation of a unique user identifier, such as an email address (referred to as your “User ID”), and a password. By subscribing and creating an account, and every time you log into the Site using your User ID, you acknowledge, warrant, and agree that: (a) you are at least 18 years old, (b) you are using your real identity, (c) you have provided only true, accurate, current, and complete information during the account creation, subscription and login process, and (d) you will maintain and regularly update the information provided to ensure its accuracy, currency, and completeness.
Should you decide to utilize any part of the Services that require a fee, you agree to pay all associated fees and charges linked to your account without delay. These fees and charges, including any applicable taxes and late fees, shall be billed to the credit card linked to your account. Each user agrees, when applicable, to keep valid credit card information linked to their account. Access to the Services may be prohibited by law for certain individuals, in certain states or countries, or may necessitate government authorization or registration. When accessing the Services, you are solely responsible for complying with the laws and regulations of your jurisdiction, and the Company does not verify or warrant that its Services are legal in any specific location. Users registering for the Services and uploading content must be at least eighteen (18) years of age.
Restrictions: Some of our Services may be subject to “blackouts” in your location (e.g., local broadcast channels, sporting events, and/or other content for which you lack access rights); attempting to circumvent any of these “blackouts” may result in legal action taken by Us or third parties. Certain Services may have further restrictions, and your access to such Services will be subject to those restrictions.
4. Content (Video and Games):
The content available through the Site is intended for permissible viewing and gaming usage only. You are permitted to access and view the content for personal, non-commercial purposes, provided you comply with the Terms of Use. You shall not remove, alter, bypass, or interfere with any intellectual property notices associated with the content or Services, including any digital rights management mechanisms or geo-filtering mechanisms. You shall not access or use the Services or content from unauthorized territories. Copying, downloading, distributing, or transmitting the content without express written permission from the Company is strictly prohibited. Incorporating the content into applications or making it available via frames or inline links requires written authorization. Furthermore, creating derivative works or promoting businesses or services utilizing the content or Services is prohibited absent express written consent. These restrictions apply to all aspects of the content, including text, graphics, audio, and video materials. Creating derivative materials based on the content is also expressly prohibited absent written permission from the Company, even if distributed for free.
5. Video & Game Player:
You shall not modify or interfere with any component of the Video & Game Player (the “Player”), its fundamental technology, or any digital rights management mechanism incorporated into it. This includes disabling, reverse engineering, or bypassing the Player to enable viewing of the Content without showing both the Player and all surrounding elements of the webpage where it's located, and without providing full access to all of the Player's functionality, including video quality, display options, and interactive advertising features.
6. Web Access:
The cost and expense of connecting to the internet shall be the responsibility of the user. To make use of our Services, you must have a broadband, wireless, or similar internet connection, which you must obtain from a third-party provider (“Internet Connectivity”). You are solely responsible for purchasing and maintaining the required Internet Connectivity to access our Services. The Company shall not be liable for your Internet Connectivity or any associated data usage. The time it takes to access our Services (e.g., streaming a movie or TV show) depends on various factors such as location, Internet Connectivity, available bandwidth, format of the content, devices used, and other external factors. Our Services, including Video Streaming and Gaming, utilize adaptive bitrate streaming (“ABS”) to optimize playback based on device capabilities and internet bandwidth. Company does not guarantee the speed or quality of your viewing experience and reserves the right to modify the Services based on your Internet Connectivity specifications. If your connection or device is insufficient to meet our standards for high-definition (“HD”) content, we may automatically adjust the format to enhance your experience. You should ensure compatibility between your Internet Connectivity, devices, and our Services. By utilizing any of our Services, you agree to contact your Internet Service Provider to address any internet connection issues.
7. Hardware:
Not every piece of hardware or device is compatible or permitted for use with our Services. By utilizing any of our Services, you agree to contact to the manufacturer or retailer of the hardware directly regarding any issues concerning the hardware itself, its operating system, and/or its compatibility with our Services.
8. User Online Behavior:
The usage of the Services is restricted to legal activities related to streaming, downloading video content, software, and game playing as designated by the Company. Any other use of the Services is expressly prohibited. Users agree to honor the security of the Services and not to attempt any breach of said security, which includes unauthorized access to data, servers, or accounts, attempting to test system vulnerabilities, interfering with service to users or networks, forging packet headers, scraping data, or using robots to manipulate payouts. Users also agree not to access an account which they do not own, obtain usernames or passwords by any means, elude security systems, impair the site's functionality or availability to others, or upload harmful content (i.e., viruses or malicious code). Violations may result in civil or criminal liability, and the Company reserves the right to investigate and cooperate with law enforcement, suspend, or terminate access for noncompliance with these Terms.
9. Information:
You are solely responsible for the date you input or upload to the Services and acknowledge that you possess the requisite rights and authorization to register for them. The Company, in its absolute discretion, retains the right to determine the suitability and compliance of the data you provide with the Terms, other Company policies, and relevant laws and regulations. When registering for the Services, you will be prompted to furnish specific details, including a valid email address. You warrant that all such information is current, accurate, and will be maintained as such. While we will make every effort to respect any requests to opt out of marketing communications, we disclaim any liability for inadvertently sending you such communications. You agree that any communication we transmit to you via email satisfies legal communication requirements, including the necessity for written communication. The Company is entitled to offer its own or third-party services and products to you, based on the preferences you indicate during registration or thereafter, unless you affirmatively opt out of receiving Third-Party services and products. Your privacy rights are delineated in our Privacy Policy.
10. Data Protection and Confidentiality:
You have a specific User ID and password which should not be disclosed or shared with any third party, as you are solely responsible for maintaining your confidentiality and for all activities conducted using them, whether authorized by you or not. This responsibility extends to any orders placed or actions taken on the site using your credentials. You should log out whenever someone else uses your device to prevent unauthorized access to your account and the Content & Services. In the event of loss, theft, or unauthorized use of your User ID or password, you must immediately notify the Company by contacting us at [email protected]
11. Intellectual Property Rights:
The Service include a range of intellectual property from both the Company and third parties (collectively referred to as “Content”), including logos, trademarks, software, layouts, information, music, videos, images, scripts, designs, and graphics, among others. In addition, the trademarks, service marks, and trade names (collectively “Trademarks”) used on the Site belong to the Company, its affiliates, or licensors, and all rights to these Trademarks are reserved by the respective entities. Unless expressly stated otherwise, all Content is owned, controlled, or licensed by the Company or its licensors, protected under copyright and other intellectual property laws. Use of the Content, Trademarks, logos, and designs without express authorization from the Company is prohibited. Ownership and all associated intellectual property rights to the Services and Content exclusively belong to the Company and/or its licensors. In addition, users acknowledge that the Services and Content are protected by various laws and agree not to remove or alter any copyright, trademark, or proprietary rights notices. Users also acknowledge they have no ownership or proprietary rights to their Account, which remains the Company’s property. Content available for download or use is subject to license agreements or, in their absence, a limited personal, nonexclusive, nontransferable license granted to users by the Company. Users shall comply with all laws and regulations regarding the use of the Content and shall not engage in prohibited activities, such as selling or redistributing the Content or reverse engineering any related software. The Company reserves the right, with or without notice, to revise the Content and Services, and users may be required to accept these revisions.
12. Your Content:
You have the ability to share various kinds of content, such as data, text, software, music, images, videos, and more (“User Content”), on the Site, including through online discussion forums and chat features. However, the Company shall not be responsible for the actions or content of users of the Service. You agree that you are solely responsible for your User Content and all actions taken under your account, whether by you or any third party using your account. The Company and its affiliates bear no liability for your User Content, and you expressly waive any claims against us and our affiliates regarding this matter.
By providing your User Content, you grant the Company and its affiliates a perpetual, irrevocable, worldwide license to use, copy, distribute, display, modify, and create derivative works from the User Content for a variety of purposes, including but not limited to promotional and advertising activities, without any compensation to you. You also waive any moral rights associated with the User Content.
You acknowledge and agree that the Company and its affiliates are under no obligation to monitor or review User Content. However, the Company reserves the right, in its sole discretion, to edit or remove any User Content, and you waive any rights you may have if your User Content is altered or removed.
When sharing User Content, any personal information you supply may be accessed by other users or third parties, and the Company and its affiliates shall not be responsible for such information. You agree to behave respectfully towards other users and not, in Company’s estimation, engage in inappropriate behavior, including aggressive, harassing, defamatory, or offensive conduct.
You agree not to transfer or upload any User Content that is unlawful, harmful, threatening, abusive, defamatory, or infringes upon any third-party rights. The Company reserves the right to determine the appropriateness of User Content and may refuse or remove content that violates these terms. You expressly acknowledge that you use the Service at your own risk, understanding that you may encounter objectionable content for which the Company is not responsible.
13. Your Use of the Services:
Each individual must determine the suitability of the Services provided for their own needs and purposes. Each user is provided a limited, non-exclusive license allowing you to access and utilize the Services for personal, non-commercial use. This includes the ability to view videos on the Company’s website and applications, and, if applicable, to stream and/or download videos and content.
By accessing fee-based components of the Services, you agree to timely pay all associated fees and charges linked to your account. These fees and charges, including taxes and late fees when applicable, will be billed to your credit card. Users are obligated to maintain accurate credit card information within their account when required.
The Services may include options for accessing digital content, such as pay-per-view, subscription, rental, or purchase. The availability and details of digital content will be set forth on the product detail page. Upon payment of the fees associated with the digital content, the Company grants a non-exclusive, non-transferable, personal license allowing you to view video streams, play games, and download provided software.
Our games may not be resold or used for commercial purposes. They are intended for personal entertainment purposes only, and consequently, they may not be resold or used for commercial purposes.
“AS IS” Disclaimer
The Company makes no guarantees regarding the quality of your digital content while streaming. Your connection speed, location, download speeds, devices, player, and bandwidth will impact the quality of your stream.
The Services are made available to users on an “AS IS” and “AS AVAILABLE” basis, and it comes with all faults and defects without any warranty. To the extent permitted by law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, explicitly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Services. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise from course of dealing, course of performance, usage, or trade practice. Additionally, the Company makes no warranty or representation of any kind regarding the Services’ ability to meet your requirements, achieve intended results, compatibility with other software, applications, systems, or services, uninterrupted operation, performance standards, reliability, or freedom from errors. Furthermore, the Company makes no guarantee that errors or defects will be corrected.
In addition, neither the Company nor any of its providers make any express or implied representation or warranty: (i) regarding the functionality or availability of the Service, or the accuracy or reliability of any information or content provided through the Service; (ii) that the Service will be uninterrupted or free from error (iii) that the Service, its servers, the content, or emails from or on behalf of the Company are free of harmful components such as viruses, scripts, trojan horses, worms, malware, or timebombs.
It's important to note that in some jurisdictions, certain types of warranties cannot be excluded, or limitations on consumer rights may not be allowed. In such cases, some or all of the above exclusions and limitations may not apply to you. However, to the extent permitted by applicable law, the exclusions and limitations outlined in this section will be applied.
14. Invoicing and Payments:
We offer a number of subscription plans. To review the various options, please visit the corresponding page on our website and refer to our FAQs. Before signing up, confirm with us that the Services are available in your area as our Services may not be available in all locations.
The digital content and games offered under specific payment plans, such as download, pay-per-view, subscription, membership, or rental, may change periodically at the discretion of the Company. The Company does not guarantee the continuous availability of any specific payment plan.
Unless required by law, paid subscription fees are non-refundable. However, the Company may entertain certain refund requests for subscriptions on a case-by-case basis, in the Company’s sole and absolute discretion.
Subscriptions require automatic regular payments throughout the Subscription Period until cancellation and subscription fees are automatically charged at or before the start of each Subscription Period. During this process, our payment processor, including Apple's App Store, Google's Google Play, or Amazon platform, might place a temporary “authorization hold” or “pending charge” on your payment card, even during a free trial period.
A Subscription will automatically renew at the end of each Subscription Period unless cancelled at least 24 hours before the applicable Subscription Period expires. Failure to cancel prior to the expiration of the applicable Subscription Period will result in the automatic payment of Subscription fees for the subsequent period.
If Subscription fees are not paid due to insufficient funds, an invalid credit card, or any other reasons, the Subscription will not be terminated. It will restart automatically once valid payment details are provided. Subscription cancellation is only possible upon manual request.
Upon Subscription registration, you expressly consent to the Company (or our third-party payment processor) charging you accordingly. Depending on the Subscription type, charges may occur monthly or annually until termination or suspension by us. Your Subscription remains active until cancelled by either you or the Company. To avoid further billing, ensure cancellation of your payment plan per its terms before the next charge. To cancel a Subscription, contact us via email at [email protected]. To be clear, you are liable for all charges incurred before the cancellation of your Subscription.
On occasion, the Company may offer free trials for specific subscriptions and/or products, subject to legal permissions. At the expiration of a free trial, billing for your Subscription will commence unless terminated by you before trial period ends.
The Company may provide the option to purchase subscriptions as gifts. Users are directed to review the Site for updated gift offers.
The Company may adjust its prices at our discretion, effective immediately or upon your next payment cycle. Your continued use of the Content following a price change indicates acceptance, unless you timely terminate your Subscription.
By providing your payment method, you authorize us to charge the total Subscription amount. Failure to verify, validate, or accept your payment method may result in Subscription suspension or cancellation until the issue is resolved. To update payment information, log in to your account and make the necessary changes. We reserve the right to limit quantities, reject orders, discontinue products, or substitute items without prior notice. If dissatisfied with a substitution, contact us at [email protected].
Our videos and games are for personal entertainment use only and may not be resold or used for commercial purposes.
Digital And Gaming Assets
When involved in gameplay, you may have the authorization to acquire “Digital Assets,” which includes various virtual goods such as cryptocurrency, Tokens, and Virtual Items. “Virtual Items” comprise credits, in-app purchases, Games, DLC, and any other virtual in-game items or services offered through any non-blockchain Platform. “Tokens” encompass both fungible utility tokens and non-fungible tokens (“NFTs”), which are solely accessible on the parts of our Services related to the blockchain. All payments for Digital Assets are deemed final, non-refundable, and non-returnable, except as mandated by applicable law. Any attempt to transfer, assign, sell, gift, exchange, trade, convert, lease, sublease, rent, or distribute Virtual Items is prohibited unless expressly permitted by us or outlined in these Terms. Any action or attempted action to dispose of Digital Assets in violation of these Terms will be null and void.
Virtual items
Prior to purchasing any virtual items, benefits, upgrades, unlockables, skins, gameplay features, or coins (“Coins”) through or in relation to our Services, carefully review the following terms and conditions (“Virtual Items Terms”). The purchase of Virtual Items, whether directly or indirectly (e.g., through Subscriptions), binds you to these Virtual Items Terms. The Virtual Items Terms supplement the general Terms, and in case of conflict, these Virtual Items Terms prevail. They govern the acquisition and utilization of Virtual Items. Please note that the Services may offer multiple in-game currencies, each enabling the purchase of different items through various means.
i. Usage of coins and items is confined to these Virtual Items Terms and the associated game account. Certain in-game functionalities may require coins for access.
ii. These Virtual Items Terms also extend to virtual items acquired through gameplay features, competitions, surveys, or marketing campaigns.
iii. Terms for Virtual Gaming Items include:
· After earning or purchasing a Virtual Item, subject to these terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license for its display and use.
· Virtual Items contain no intrinsic value, are non-refundable, and are exclusively for use within the Services.
· Virtual Items are non-redeemable outside the Services, including for fiat currency or virtual currency from third parties.
· Your account may be terminated if any attempt is made to transfer or distribute Virtual Items to third parties, except as expressly permitted.
· No ownership or proprietary rights are conferred through Virtual Items.
· Virtual Items enjoy the protection of intellectual property laws; unauthorized use constitutes infringement.
· Software associated with our Services is subject to U.S. export controls.
· Certain games permit the purchase of Virtual Items, distinguishable by in-game shops or coin options.
· Additional terms may apply when purchasing Virtual Items via downloaded games from app stores.
· Third-party transactions of Coins or Virtual Items outside our games are prohibited.
· The cost of Virtual Items is subject to change; additional free Virtual Items may be offered at the time of purchase.
· Acceptable payment methods may change at the Company's sole and absolute discretion.
· Upon selecting a payment method, agree to the Terms and pay the indicated price.
· You are solely responsible for payment validation and authorization by your card issuer.
· Confirm payment details for accuracy before finalizing the order.
· When an order is placed, a user should receive an on-screen confirmation.
· Purchased or allocated Virtual Items are linked to the associated payment provider's account.
iv. Tokens:
· Purchasing an NFT grants a license to control it but doesn't transfer intellectual property rights.
· NFT transactions must occur through an Approved Marketplace to minimize risks.
· Additional costs like gas fees may apply in Approved Marketplaces.
· Approved Marketplace transfers are subject to Terms and any Smart Contract conditions.
· Recipients of NFTs in transfers are bound by these Terms.
· Disposal or transfer of NFTs relinquishes further rights.
iv. The Services rely on a platform for blockchain and Token functions; platform termination absolves it of associated liabilities.
v. The Company operates a marketplace for NFTs without custody or agency; transactions occur through blockchain networks.
vi. NFT values are unpredictable and subjective; users assume all risks.
vii. Users are solely responsible for compliance with any and all tax obligations associated with Digital Assets and related transactions.
15. Free Trial:
The Company, in its sole discretion, may offer a Subscription with a free trial for a limited period of time.
To take advantage of the Free Trial, you may need to provide your billing information. However, you won't incur any charges from the Company until the conclusion of the free trial period. If you haven't cancelled your Subscription by the conclusion of the free trial period, the Company will automatically apply the relevant Subscription fees based on your chosen Subscription type.
The Company retains the authority to (i) modify the terms and conditions of any free trial offer or (ii) terminate the free trial offer, at any time and without prior notification.
16. Non-Company Websites:
You may be presented with links to web pages, websites, and various online resources (collectively referred to as “Third-Party Sites”). These links are provided solely as a courtesy to our site users. We do not manage, control, endorse, or guarantee any Third-Party Sites. When you access a Third-Party Site through a link on our site, we advise you to carefully review the terms and conditions of use, privacy policies, and other relevant policies of that Third-Party Site. Our policies do not extend to any Third-Party Site. In addition, you expressly acknowledge and agree that the Company shall have no liability, whether direct or indirect, for any damage or loss purportedly caused by or connected to the use of or reliance on any content, goods, or services available on or through such non-company websites or services.
References to third-party products or services by brand name, trademark, manufacturer, supplier, vendor, or otherwise do not suggest or imply endorsement, sponsorship, or recommendation by us, nor do they suggest any affiliation with us.
BY USING ANY THIRD-PARTY SITE, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND WITHOUT WARRANTIES OF ANY KIND FROM US, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SITE, OR FOR ANY INFORMATION FOUND ON THIRD-PARTY SITES.
17. Intellectual Property:
“Wondering Breakspeed Online Limited” and any other trademarks or trade names of the Company, along with any variations, are and will remain the exclusive property of the Company. Any unauthorized use of these trademarks and trade names is strictly prohibited. Furthermore, we hold all proprietary rights, including copyrights, trademarks, service marks, trade names, and other intellectual property rights worldwide, associated with the content and the Site. These are afforded the protection of applicable laws governing intellectual and proprietary rights.
The Services, encompassing all programs, complied binaries, interface layout, interface text, documentation, resources, and graphics, are the sole and exclusive property of the Company. They are safeguarded by copyright, trademark, and other intellectual property laws in the United Kingdom, the United States, other countries, and the European Union. By using the Services, you expressly acknowledge and agree that the Company has full ownership and control over them. All content is exclusively owned and managed by the content provider, and is protected by copyright, trademark, and other intellectual property laws in various jurisdictions. Absent the Company’s prior express written consent, you may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit any content, whether in whole or in part.
18. Use of Software:
In the event that the Services require or include downloadable software, such as an app, or utilize software provided by the Company for third parties, the Company grants a personal, limited, non-exclusive, and non-transferable license to utilize the Software, including all its components, documentation, and updates (collectively referred to as the “Software”), solely for activities related to the Site. You shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, integrate into other software, translate, or utilize the Software for any other purposes. Additionally, you may not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute, or otherwise transfer the Software or this license.
This license does not allow users to use the Software on devices they do not own or control, and users may not distribute or make the Software available over a network where it could be accessed by multiple devices at the same time. You acknowledge that the Software, including its specific design and structure, constitutes proprietary and confidential information, trade secrets, and/or intellectual property of the Company. You acknowledge and agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets, or copyrighted material to any third party, or use it for your own or any third party’s benefit.
You acknowledge and consent that your use of the Services and access of the Content may require the Company to collect your personal information. You also agree that the Company may collect and use technical data and related information periodically gathered to facilitate updates, product support, and other services, provided that it does not personally identify you. The Company reserves the right, and you agree, that in its sole discretion and with reasonable notice posted and/or sent to your email address, to revise, automatically update, or otherwise modify the Software at any time. Your continued use of the Software constitutes acceptance of and agreement to such changes.
This license remains effective until terminated by either the user or the Company at its sole discretion. If you fail to comply with any terms of this License, your rights under this license will automatically terminate without notice. Upon termination, you must cease all use of the Software and delete all versions in your possession. The warranty and limitation of liability provisions outlined below also apply to the Software's use.
19. Notice of Copyright Infringement:
The DMCA, enacted in 1998, offers a process for copyright holders to address potential infringements of their rights on websites. If you suspect your work has been unlawfully reproduced and shared on the site, kindly furnish us with the subsequent details: (1) the copyright owner's name, address, phone number, email, and an electronic or physical signature, or that of an authorized representative; (2) a depiction of the copyrighted material purportedly infringed; (3) specifics on where the allegedly infringing material resides on the site, including URLs or other precise identifiers; provide adequate information for us to locate it; (4) a declaration affirming your belief in good faith that the disputed usage lacks authorization from the copyright owner, their agent, or the law; and (5) a sworn statement, under penalty of perjury, attesting to the accuracy of the provided information, your status as the copyright owner or an authorized agent, and your good faith belief regarding the unauthorized use of copyrighted content. Compliance with these guidelines is necessary to ensure legally valid notice of infringement. It's advisable to seek counsel from a legal professional before submitting a DMCA notice, as making false or misleading claims is prohibited under the United States Copyright Act and may lead to legal consequences, including perjury charges. The Company has appointed support personnel to receive notifications of copyright infringement claims. You can reach out to [email protected].
20. Warranty:
The Services are provided on an “as is” and “as available” basis, with all faults and without any warranty. All warranties and conditions, whether express, implied, or statutory, including but not limited to, implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights are expressly disclaimed by the Company. While we attempt to present videos, games, content, and other materials as accurately as possible, we do not warrant their accuracy and are not liable for any claims resulting from reliance on such materials and information.
The Company does not warrant that the Services will meet user requirements, operate without interruptions or errors, or be free of harmful elements like computer viruses. Users are solely responsible for any costs associated with servicing or replacing equipment or data in case of defects. The Company makes no warranties regarding the accuracy, reliability, completeness, or timeliness of the Services or content offered, or any other content accessed through the Site.
Transmission of data over the internet or other publicly accessible networks may not be secure and may be subject to loss, interception, or alteration. The Company disclaims liability for any damage or costs resulting from such transmissions. The Company bears no responsibility for any information uploaded by users to the Services and shall not be liable for its deletion, correction, damage, loss, or failure to store, nor for loss of information due to third-party actions or circumstances beyond our control. Users are directed and advised to create their own backups of their information.
To the fullest extent permissible under applicable law, users understand and agree that the Company, its affiliates, subsidiaries, directors, officers, employees, partners, representatives, contractors, or agents shall not be liable for any damages arising from the use of the Services or any actions taken or not taken by the Company. This includes but is not limited to errors, interruptions, defects, delays, viruses, lost profits, loss of data, business interruption, unauthorized access, bodily injury, emotional distress, and other tangible and intangible losses. This limitation applies regardless of the legal basis of the claim and even if the possibility of such damages has been advised. The maximum liability of the Company arising from or related to the Services, regardless of the cause of action, shall not exceed the amount paid for the Services, if any.
21. Liability:
In addition to any liability limitations stated herein, to the maximum extent permitted by applicable law, the user acknowledges and agrees that neither the Company nor any of its affiliates, subsidiaries, directors, officers, employees, partners, representatives, contractors, or agents shall be held liable for any damages or injuries resulting from the user's utilization of the Site. This includes but is not limited to any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure, or any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages arising from or related to the user's use or inability to use the services, or any actions taken or not taken by the Company. Such damages encompass loss of data, unauthorized access to or alteration of transmissions and data, emotional distress, and other tangible and intangible losses, regardless of whether such damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if the company or its representatives have been advised of the possibility of such damages. This limitation applies regardless of whether the damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if the Company or its representatives have been notified of the potential for such damages. However, this limitation or exclusion may not apply to the user if applicable law does not allow the limitation or exclusion of liability for such damages. In such cases, the Company's maximum liability arising from or related to the user's use of the services, regardless of the cause of action, will not exceed the amount, if any, paid for the services in the one-month period immediately preceding the date on which the user's claim arose.
22. Indemnity:
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL REASONABLY ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
23. Miscellaneous:
Nothing in these Terms is intended to establish, or shall be interpreted as establishing, a joint venture, partnership, employer/employee, or principal and agent relationship between you and the Company. These Terms shall be governed by and interpreted in accordance with the laws of England & Wales, without considering conflicts of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). By agreeing to these Terms, you irrevocably agree to the exclusive jurisdiction of the courts located in England & Wales for any actions arising from or related to these Terms, and you waive any objections based on lack of personal jurisdiction, place of residence, improper venue, or forum non-convenience.
TO THE EXTENT PERMITTED BY LAW, YOU AND WE BOTH FULLY WAIVE, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR RELATED PROCEEDING ARISING UNDER, DEFENDING, OR INTERPRETING ANY RIGHTS OR REMEDIES ASSOCIATED WITH THESE TERMS. MOREOVER, YOU AGREE THAT DISPUTES SHALL ONLY BE RESOLVED INDIVIDUALLY, AND YOU MAY NOT INITIATE A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE PROHIBITED.
In the event that any provision of these Terms is deemed invalid or unenforceable by a court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. Neither party's failure or delay in exercising or enforcing any right or claim shall constitute a waiver of such right or claim, and it shall not affect the party's ability to enforce or exercise it later, unless expressly waived in writing by an authorized representative. You are prohibited from assigning these Terms or any associated rights or obligations. Except as expressly stated herein, this Agreement establishes rights and obligations exclusively between the Company and each individual user, and it does not confer any rights upon any other parties.
If you violate or threaten to violate these Terms, you acknowledge and agree that the Company would suffer significant and irreparable harm, making it difficult to determine the extent of damages. As such, the Company reserves the right to seek injunctive or other equitable relief from any court with jurisdiction, regardless of the governing law, which will apply its own laws to determine whether such relief should be granted, without affecting our rights to seek relief under applicable law or equity.
For European Union (EU) Users: European Union consumers are entitled to the mandatory provisions of their country of residence.
United States Federal Government End Use Provisions: If you are a U.S. federal government end user, our Service qualifies as a “Commercial Item” under 48 C.F.R. §2.101.
United States Legal Compliance: You affirm that (i) you are not located in a country subject to U.S. government embargo or designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
24. Right to Update Terms:
We have the right, in our sole and absolute discretion, to amend, revise or substitute these Terms as necessary. Should a revision be significant, we will make commercially reasonable efforts to provide a minimum of 30 days' notice prior to the new terms taking effect. The determination of what constitutes a significant revision will be made solely by the Company. By continuing to utilize or access our Service following the implementation of these revisions, you consent to be bound by the updated terms. If you do not agree to the revised terms, either in part or in full, kindly refrain from using the Site and the Service.
CONTACT INFORMATION
Should you have any inquiries regarding these Terms, please reach out to us via email: [email protected].