General Terms of Use for all Users
Availability of the App
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You acknowledge that there may be interruptions in service or events
that are beyond our control. While we use reasonable efforts to keep
the App accessible, the App may be unavailable from time to time for
any reason including, without limitation, routine maintenance. You
understand and acknowledge that due to circumstances both within and
outside of our control App access may be interrupted, suspended or
terminated. Our company retains the right at our sole discretion to
deny service, or access to the App to anyone or an account, at any
time and for any reason.
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We reserve complete and sole discretion with respect to the operation
of the App. We may, among other things:
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Delete where applicable communications or private messages if it has
not been accessed by a User within the time established by our
policies;
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Make available to third parties information relating to App and
Users (subject to our privacy policy)
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Withdraw, suspend or discontinue any functionality or feature of App
or the whole or such part of the Service;
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Review uploaded files, conferences, blog, forums, chats and User
Submissions and authorise restrictions to access thereto.
Ownership of the App
Your access to the Service is subject to a license from us to use the
same and nothing herein shall be construed as a sale of any part of the
App or the rights or title to you. The content and information on the
App and the Service, as well as the infrastructure used to provide both,
and all materials therein or transferred thereby and all intellectual
property rights related thereto, are the exclusive property of our
company and its licensors and other partners where relevant. Except as
explicitly provided herein, nothing in this Agreement shall be deemed to
create a license in or under any such intellectual property rights and
you shall not modify, adapt, edit, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, software, products or
services obtained from or through the App.
Transmission of Information.
Because we do not control the security of the Internet or other networks
you use to access the App or communicate with us, we cannot be, and are
not responsible for, the security of information that you choose to
communicate with us and the App while it is being transmitted. In
addition, our company is not responsible for any data lost during
transmission.
Your Conduct on Our App
Our App is private property. All interactions on this App must be lawful
and must comply with these Terms of Use. To the extent your conduct (as
judged by us in our sole discretion), restricts or inhibits any other
user from using or enjoying any part of this App, we may limit your
privileges on the App and seek other remedies.
You shall also not engage in the following activities:
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use the Services other than exclusively for the receipt of rental and
remittance of condominium or other property management fees, and the
receipt and remittance of any other types of payments to other third
parties as may be allowed by us from time to time;
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make Payments using the Services to provide yourself or any other
person with a credit card cash advance;
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failing to respond in a reasonable and timely fashion to our
communications;
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submitting any inaccurate information, committing fraud or falsifying
information in connection with your account or in order to create
multiple accounts and attempting to, or actually accessing data not
intended for you, such as logging into a server or an account which
you are not authorised to access;
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attempting to scan, or test the security or configuration of the App
or to breach security or authentication measures without proper
authorisation;
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tampering or interfering with the proper functioning of any part, page
or area of the App and any and all functions and services provided by
us;
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attempting to interfere with service to any user in any manner,
including, without limitation, by means of submitting a virus to our
App, or attempts at overloading, “flooding”, “spamming”, “mail
bombing” or “crashing” the App;
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disseminating or transmitting material that, to a reasonable person,
may be considered abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or malicious;
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take any action that may cause us to lose any of our services from our
internet service providers, our Payment Processor or other suppliers;
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infringe our or any third party’s copyright, patent, trade-mark, trade
secret or other intellectual property rights, or rights of publicity
or privacy or disseminating, storing or transmitting files, graphics,
software or other material that actually or potentially infringes the
copyright, trademark, patent, trade secret or other intellectual
property right of any person;
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using the App or any of its contents to advertise or solicit, for any
other commercial, political or religious purpose, or to directly or
indirectly compete with or disrupt our activities;
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reselling or repurposing your access to the App or any purchases made
through the App;
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using the App or any of its resources to solicit other Users, business
partners of our company or such other parties to become users or
partners of other online or offline services that directly or
indirectly compete or disrupt or potentially compete or disrupt with
us, including without limitation, aggregating current or previously
offered service offerings;
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using any User or third party information from the App for any
commercial purpose, including, but not limited to, marketing;
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accessing, monitoring or copying any content or information from this
App using any robot, spider, scraper or other automated means or any
manual process for any purpose without our express written permission;
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violating the restrictions in any robot exclusion headers on this App
or bypassing or circumventing other measures employed to prevent or
limit access to this App;
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taking any action that places excessive demand on our services, or
imposes, or may impose an unreasonable or disproportionately large
load on our servers or other portion of our infrastructure (as
determined in our sole discretion);
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aggregating any live or post-feature content or other information from
the App (whether using links or other technical means or physical
records associated with transactions made through this App) with
material from other sites or on a secondary site without our express
written permission;
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deep-linking to any portion of this App without our express written
permission;
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acting illegally or maliciously against the business interests or
reputation of our company or the App and/or the Service;
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engaging in any other activity deemed by us to be in conflict with the
spirit or intent of this Agreement;
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intentionally or unintentionally violate any applicable law, statute,
ordinance, regulation, rule or code, including, but not limited to,
any regulations, rules, notices, instructions or directives of any
regulatory body or authority, governmental agency or national or other
securities exchange;
- “stalk” or otherwise harass another; or
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commit any fraudulent or unlawful act or use the Service for any
commercial purposes.
Creating an Account on our App
If you create an account on our App, you may only create and hold one
(1) account that you are solely responsible for managing. Your account
is non-transferrable and may not be sold, combined or otherwise shared
with any other person. If you violate any of these limitations, we may
terminate or suspend your account. If we terminate your account, you may
not re-enroll or join under a new account unless we formally invite you
to do so. If you commit fraud or falsify information in connection with
your use of the App or in connection with your account, your account
will be terminated immediately and we reserve the right to hold you
liable for any and all damages caused by your conduct, to pursue legal
action through relevant local and national law enforcement authorities
and to notify your Internet Service Provider of any fraudulent activity
we associate with you or your use of the App.
Information on the App
We do not control the information provided by our Users. You may find
other Users’ information to be inaccurate, harmful or offensive. By
using the Service, you assume all of the risks associated with the use
of the App and you agree to accept such risks and agree that our company
is not responsible for the acts or omissions of any users or other third
parties. Notwithstanding the foregoing, we reserve the right to edit or
remove any content placed on the App, including any harmful, offensive,
deceptive or unlawful materials. Our company does not currently conduct
criminal background checks or screenings of its users. We do not inquire
into the backgrounds of its users or attempt to verify the information
provided by users. However, you agree to provide to us, if requested,
confirmation of your identity or any other information you have provided
to us, and to cooperate with any investigations of the same by us or our
third party delegates;
We make no representations or warranties as to the conduct of the users
or other third parties of the App.
LIMITATION OF LIABILITY
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YOU AGREE THAT OUR COMPANY IS MERELY PROVIDING A PLATFORM TO ALLOW YOU
TO OBTAIN SERVICES FROM THIRD PARTIES AND THEREFORE, YOU FURTHER
ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR (A) ANY
BREACHES, FRAUD, DISHONESTY, MISFEASANCE OR FAILURE TO DISCHARGE ANY
DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES
CONTRACTING WITH YOU ON THE SITE AND (B) ANY CLAIMS FOR INJURIES,
ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“LIABILITIES”) THAT YOU MAY
SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART AS A RESULT OF THE
ACTS OR OMISSIONS OF SUCH PAYORS OR THIRD PARTIES OR ANYTHING IN
RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH
PAYORS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE
AND/OR THE SITE.
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GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY
LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE OUR COMPANY, ITS
SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS,
STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED
TO (I) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF
CARE OR OBLIGATIONS ON THE PART OF ANY PAYORS OR THIRD PARTIES
CONTRACTING WITH YOU ON THE SITE AND/OR (II) ANY INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA
COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED
ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR
CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OUR
SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED
TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) 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 (VII) USER
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Links to Third Party Apps
The App may contain links to third-party websites that are not owned,
operated, or controlled by us. Therefore, we cannot and do not assume
responsibility for the content, privacy policies, or practices of such
websites or the companies that own or operate them. Additionally, we
cannot and will not censor or edit the content of any third party site.
By using the App, you expressly relieve us from any and all liability
arising from your use of any third party website.
Intellectual Property
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Ownership
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Everything located on or in this App and the Application is the
exclusive property of our company or is being used with
permission. Any copying, distributing, transmitting, posting,
linking, deep linking, or otherwise modifying of this App (or
Microsites) or the Application without the express written
permission of our company is prohibited. Any violation of this
requirement may result in a copyright, trademark or other
intellectual property right infringement that may subject you to
civil and/or criminal penalties.
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This App and the Application contain copyrighted material,
trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and
sound, and the entire contents of the App and Application are
protected by copyright as a collective work under the Hong Kong
copyright laws. WE own the copyright in the selection,
coordination, arrangement and enhancement of such content, as well
as in the content original to it. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit any of the content, in whole or in
part. You may download, print, and/or save copyrighted material
for your personal use only. Except as otherwise expressly stated
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material
without the express written permission of us or the copyright
owner is permitted. If copying, redistribution or publication of
copyrighted material is permitted, you will make independent
attribution and/or agree to make no changes in or deletion of any
author attribution, trademark legend or copyright notice. You
acknowledge that you do not acquire any ownership rights by
downloading copyrighted material from the App and the Application.
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You will not upload, post or otherwise make available on this App
any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right. We do not
have any express burden or responsibility to provide you with
indications, markings or anything else that may aid you in
determining whether the material in question is copyrighted or
trademarked. You will be solely liable for any damage resulting
from any infringement of copyrights, trademarks, proprietary
rights or any other harm resulting from such a submission. By
submitting material to any public area of this App, you warrant
that the owner of such material has expressly granted our company
the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright
that may exist in such material. You also permit any other Users
to access, view, store or reproduce the material for that End
User’s personal use. You also grant us the right to edit, copy,
publish and distribute any material that you make available on
this App and the Application.
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Copyright Policy.
Our company reserves the right to terminate its agreement with you
or any other User who infringes third-party copyright.
you believe that your materials have been copied, reproduced or
otherwise dealt with by another party in a manner that may
constitute copyright infringement, or if your intellectual property
rights have been otherwise violated, please provide our Copyright
Agent with the following information:
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a description of the copyrighted work or other intellectual
property that you claim has been infringed;
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the nature of the authorisation or relationship where it is
alleged that a third party authorises the infringement by another;
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where the material that you claim is infringing is located on the
site;
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your full name, address, telephone number, and email address;
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a statement by you that you have a good faith belief that the
disputed use is not authorised by the copyright or intellectual
property owner, its agent, or the law; and
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a statement by you, that the above information in your notice is
accurate and that you are the copyright or intellectual property
owner or authorised to act on the copyright or intellectual
property owner’s behalf.
If you believe any of your materials that were removed (or to which
access was disabled) is not infringing, or that you have the
authorisation from the copyright owner, the copyright owner’s agent,
or pursuant to the law, to post and use the advertisement or
materials, you may send a counter-notice containing the following
information to the Copyright Agent:
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your full name, address, telephone number, and email address;
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Identification of the material that has been removed or to which
access has been disabled and the location at which the content
appeared before it was removed or disabled;
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A statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification
of the content; and
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A statement that you consent to the jurisdiction of the Hong Kong
courts and a statement that you will accept service of process
from the person who provided notification of the alleged
infringement.
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If a counter-notice is received by the Copyright Agent, we may send a
copy of the counter-notice to the original complainant informing that
we will replace the removed content or cease disabling it within 10
business days unless an action is filed in court against you the
content provider. If no action is filed by the original complainant in
court, the removed content may be replaced, or access to it restored,
within 10 to 14 business days or more after receipt of the
counter-notice.
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In accordance with copyrights and other applicable law, our company
has adopted a policy of terminating, in appropriate circumstances,
Users who are deemed to be repeat infringers. We may also at its sole
discretion limit access to the Service and/or terminate the accounts
of any Users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
Disclaimer of Warranty
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Without prejudice to the foregoing, you expressly agree that use of
this App and the Application is at your own risk. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the
foregoing, neither our company, its subsidiaries, affiliates or any of
their respective staff members, agents, licensors, or any of their
officers, directors, staff members or agents, warrant that use of the
App and the Application will be uninterrupted or error free; nor do
they make any warranty as to (a) the results that may be obtained from
use of this site, or (b) the accuracy, reliability or content of any
information or service provided through this App and the Application.
The App and Application are made accessible on an “as is” and “as
available” basis. We hereby disclaim any representations, warranties
and conditions, whether express or implied, including those to title
non infringement, merchantability, and fitness for a particular
purpose.
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The App and the Application is controlled and offered by us from our
offices in Hong Kong.
We make no representations that the App and the Application are
appropriate or available for use in other locations. Those who access or
use the App and the Application from other jurisdictions will have to
satisfy themselves and ensure that they comply with local laws or
regulations when doing so.
The Terms of Use or any legal relationship between you and us shall be
governed by the laws of Hong Kong without regard to its conflict of law
provisions. Both you and we agree to submit to the non-exclusive
jurisdiction of the courts of Hong Kong.
By posting or placing any information or other material such as but not
limited to any pictures, photographs or videos in the App (including but
not limited to posting messages, uploading files, inputting data or
engaging in any other form of communication), you automatically grant
(or warrant that the owner of such content has expressly granted) to us
a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted,
worldwide license to use, copy, sublicense, reproduce, distribute,
redistribute, modify, adapt, publish, edit, translate, transmit, create
derivative works of, publish and/or broadcast, publicly perform or
display any such materials or other information (including without
limitation, ideas contained therein for new or improved products or
services) you submit to the App alone or as part of other works in any
form, media, or technology whether by any means and in any media now
known or hereafter developed and to sublicense such rights through
multiple tiers of sublicenses.
Indemnity
You agree to defend, indemnify and hold harmless our company and its
subsidiaries, agents, licensors, managers, and other affiliated
companies, and their staff members, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not
limited to attorney’s fees) arising out of or related to: (i) your use
of and access to the Service, including any data or content transmitted
or received by you; (ii) your violation of any term of these Terms of
Use, including without limitation your breach of any of the
representations and warranties above; (iii) your violation of any
third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (iv) your violation of any applicable law,
rule or regulation; (v) User Content or any other information or content
that is submitted via your account including without limitation
misleading, false or inaccurate information; (vi) negligent or willful
misconduct; or (vii) any other party’s access and use of the Service
with your unique username, password or other appropriate security code
or (viii) the acts, omissions and default of your agents or
representative in relation to the App and Services.
Termination
We may terminate or update these Terms of Use at any time, or suspend
access to the App immediately, without prior notice or liability, if you
breach any terms of this Agreement in particular the terms at clause 2
herein or for any other reason. Without limiting the foregoing, we shall
have the right to immediately terminate or suspend any of your passwords
or accounts in the event our company considers, in its sole discretion,
any of your conduct to be unacceptable, or in the event you breach this
Agreement. Notwithstanding the above, these Terms of Use will survive
termination of this Agreement.
Additional Disclosures
No waiver by either you or our company of any breach or default or
failure to exercise any right allowed under this Agreement is a waiver
of any preceding or subsequent breach or default or a waiver or
forfeiture of any similar or future rights under our Agreement. The
section headings used herein are for convenience only and shall be of no
legal force or effect. If any provision of our Agreement is held invalid
by a court or arbitrator of competent jurisdiction, such invalidity
shall not affect the enforceability of any other provisions contained in
this Agreement, and the remaining portions of our Agreement shall
continue in full force and effect.
The provisions of these Terms of Use apply equally to and are for the
benefit of our company, its subsidiaries, affiliates and its third-party
content providers and licensors, and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
Miscellaneous
Reservation of Rights.
The failure of either party to exercise in any respect any right
provided in this Agreement will not be deemed a waiver of such rights.
Severability
If any provision of this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable.
Assignability
This Agreement, and any rights and licenses granted hereunder, are not
assignable, transferable or sub-licensable by you except with our
company’s prior written consent, but may be assigned by us without
restriction. Any attempted transfer or assignment is violation hereof
shall be null and void.
Merger
Both parties agree that these Terms of Use and any other legal notices
published by us on the App or the Application, are the complete and
exclusive statements of the mutual understanding of the parties and
supersede and cancel all previous written and oral agreements,
communications and other understandings relating to the subject matter
hereof, and that all modifications must be in a writing signed by us,
except as otherwise provided herein.
Independent Contractors
No agency, partnership, joint venture, or employment is created as a
result of this Agreement and you do not have any authority of any kind
to bind us in any respect whatsoever.
Causes of Action
Any cause of action or claim you may have with respect to our company
must be commenced within one (1) year after the claim or cause of action
arises. If any action in law or in equity is necessary to enforce the
terms of this Agreement, and/or our Privacy Policy herein, the
prevailing party will be entitled to reasonable fees of attorneys,
accountants, and other professionals, and costs and expenses in addition
to any other relief to which such prevailing party may be entitled.