Last updated
March 09, 2024
AGREEMENT TO OUR LEGAL
TERMS
These terms of service outline the rules and regulations for the use of Radiation Games's Website, located at www.radiationgames.com
We operate the website
https://www.radiationgames.com/
(the "Site" ) ,
as well as any other related
products and services that refer or link to these legal terms (the
"Legal
Terms" )
(collectively, the
"Services" ).
You can contact us by
email at connect@radiationgames.com
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ( "you" ), and Radiation Games , concerning your
access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all
of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Services from time to time are hereby expressly
incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Legal Terms
from time to time . We will alert you about any changes
by updating the
"Last updated"
date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by
your continued use of the Services after the date such revised
Legal
Terms are posted.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR
SERVICES
The information provided when using
the Services is not intended
for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to
comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.),
so if your interactions would be subjected to such laws, you may
not
use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY
RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content" ), as well as the
trademarks, service marks, and logos contained
therein (the "Marks" ).
Our Content and Marks are protected by copyright and trademark
laws
(and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through the Services
"AS IS"
for your personal,
non-commercial
use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these
Legal Terms, including the
" PROHIBITED ACTIVITIES "
section below, we grant you a non-exclusive, non-transferable,
revocable
license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal,
non-commercial use or internal business purpose .
Except as set out in this section or elsewhere in our Legal Terms,
no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to:
connect@radiationgames.com . If we ever
grant you the permission to post, reproduce, or publicly display
any
part of our Services or Content, you must identify us as the
owners
or licensors of the Services, Content, or Marks and ensure that
any
copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
Please review this section and the
" PROHIBITED ACTIVITIES "
section carefully prior to using our Services to understand the
(a)
rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By
directly sending us any question,
comment, suggestion, idea, feedback, or other information about
the
Services ( "Submissions" ), you agree to assign
to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and
be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what
you post or upload:
By sending us Submissions
through
any part of the Services
you:
-
confirm that you have read and agree
with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; -
to the extent permissible by
applicable law, waive any and all
moral rights to any such Submission
; -
warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and -
warrant and represent that your
Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and all losses that
we
may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you
agree to comply with these
Legal Terms; (2) you are not a minor in the
jurisdiction in which you
reside, or
if a minor, you have received parental permission to
use the Services ; (3) you will not access the Services
through automated or
non-human means, whether through a bot, script or otherwise;
(4) you will not use the Services for
any illegal or
unauthorized
purpose; and (5) your use of the Services will not
violate any applicable law
or regulation.
If you
provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future
use of the Services (or any portion thereof).
4. PROHIBITED
ACTIVITIES
You may
not access or use the Services for any purpose other
than that for which we make the Services available. The
Services
may not be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by
us.
As a
user of the Services, you agree not to:
-
Systematically
retrieve data or other content from
the Services to create or compile, directly or
indirectly, a collection, compilation, database, or
directory without written permission from us.
-
Trick, defraud, or
mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
-
Circumvent, disable,
or otherwise interfere with
security-related features of the Services, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Services and/or the Content contained
therein.
-
Disparage, tarnish, or
otherwise harm, in our
opinion, us and/or the Services.
-
Use any information
obtained from the Services in
order to harass, abuse, or harm another person.
-
Make improper use of
our support services or submit
false reports of abuse or misconduct.
-
Use the Services in a
manner inconsistent with any
applicable laws or regulations.
-
Engage in unauthorized
framing of or linking to the
Services.
-
Upload or transmit (or
attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text),
that
interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of
the
Services.
-
Engage in any
automated use of the system, such as
using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering
and
extraction tools.
-
Delete the copyright
or other proprietary rights
notice from any Content.
-
Attempt to impersonate
another user or person or use
the username of another user.
-
Upload or transmit (or
attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1Ă—1 pixels,
web
bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive collection
mechanisms" or "pcms").
-
Interfere with,
disrupt, or create an undue burden on
the Services or the networks or services connected
to
the Services.
-
Harass, annoy,
intimidate, or threaten any of our
employees or agents engaged in providing any portion
of the Services to you.
-
Attempt to bypass any
measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the Services.
-
Copy or adapt the
Services' software, including but
not limited to Flash, PHP, HTML, JavaScript, or
other
code.
-
Except as permitted by
applicable law, decipher,
decompile, disassemble, or reverse engineer any of
the
software comprising or in any way making up a part
of
the Services.
-
Except as may be the
result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use
or launch any unauthorized script or other
software.
-
Use a buying agent or
purchasing agent to make
purchases on the Services.
-
Make any unauthorized
use of the Services, including
collecting usernames and/or email addresses of users
by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
-
Use the Services as
part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or
commercial enterprise.
5. USER
GENERATED CONTRIBUTIONS
-
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. -
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are
not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. -
Your Contributions are
not obscene, lewd, lascivious,
filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among
other
things, termination or suspension of your rights to use
the Services.
6. CONTRIBUTION
LICENSE
You and
Services agree that we may access, store, process, and
use any information and personal data that you provide
following the terms of the Privacy Policy
and your choices (including settings).
By
submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for
any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
7. THIRD-PARTY
WEBSITES AND CONTENT
The Services
may contain (or you may be sent via the
Site ) links to other websites ( "Third-Party Websites" ) as well as articles,
photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third
parties ( "Third-Party
Content" ). Such
Third-Party Websites and
Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content
posted
on, available through, or installed from the Services, including
the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the
Third-Party Websites or
the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites
or any
Third-Party Content
does not imply approval or endorsement thereof by us. If you
decide
to leave the Services and access the
Third-Party Websites or
to
use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms
no
longer govern. You should review the applicable terms and
policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any
applications
you use or install from the Services. Any purchases you make
through
Third-Party Websites
will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase
of
such products or services. Additionally, you shall hold us
blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any
Third-Party Content or
any
contact with
Third-Party
Websites.
8. ADVERTISERS
We allow
advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the
space
to place such advertisements, and we have no other relationship
with
advertisers.
9. SERVICES
MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the
law or these Legal Terms, including without limitation, reporting
such
user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the
availability
of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the
Services
or otherwise disable all files and content that are excessive in
size
or are in any way burdensome to our systems; and (5) otherwise
manage
the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
10. PRIVACY
POLICY
We care about
data privacy and security. Please review our Privacy
Policy: https://www.radiationgames.com/legal/privacy-policy .
By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
India . If you access the Services
from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in
India , then through your continued
use of the Services, you are transferring your data to
India , and you expressly consent to
have your data transferred to and processed in
India .
11. TERM
AND TERMINATION
These Legal
Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to
take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
12. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the
Services.
We cannot
guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage,
or
inconvenience caused by your inability to access or use the
Services
during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
13. GOVERNING
LAW
These Legal
Terms shall be governed by and defined following the
laws of India . Radiation Games and yourself
irrevocably consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may
arise in connection with these Legal Terms.
14. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the
cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the
"Disputes" ) brought
by
either you or us (individually, a
"Party" and collectively, the
"Parties" ), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
ninety (90) days before initiating
arbitration. Such informal negotiations commence upon written
notice
from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according
to the Rules of this ICAC, which, as a result of referring to it, is
considered as the part of this clause. The number of arbitrators
shall
be one (1) . The seat, or legal place, or
arbitration shall be Bhopal ,
India . The language of the proceedings shall
be English . The governing law of these
Legal Terms shall be substantive law of
India .
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute
between the Parties individually. To the full extent permitted by
law,
(a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to
utilize
class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
15. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update
the information on the Services at any time, without prior notice.
16.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT
OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO
US . CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of:
(1) use of the
Services; (2) breach
of
these Legal Terms; (3)
any breach of your representations and warranties set forth in
these Legal Terms; (4)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense
and control of any matter for which you are required to
indemnify
us, and you agree to cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
19. USER
DATA
We will maintain certain data that you transmit to the Services
for
the purpose of managing the performance of the Services, as well
as
data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for
all
data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
20. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting
of credits by any means other than electronic means.
21. CALIFORNIA
USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the
entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may
assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal
Terms.
23. CONTACT
US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at: