These terms of use, and any documents referred to in them, set out the terms on which you may use our website https://songsolar.com (our site). By using our site, you agree to be bound by and comply with these terms of use.
These Terms of Use are effective as of March 6, 2020.
Please read these Terms of Use carefully. We recommend that you print a copy of these Terms of Use for your records, as well as any future versions, as we may update them from time to time. Please pay particular attention to Clause 17 (Class Action Waivers) and Clause 18 (Dispute Resolution).
If for any reason you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.
1.Information about the company
Songsolar (we, our and us) operates the Website.
S&Y Splendor gmbH is a limited liability company based in hamburg , Germany
Our address is Kritenbarg 17，22391 hamburg
Our contact email address is service@songsolar.com.
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2. Your responsibility for other people who access our website through your device or internet connection
You must ensure that all persons who access our website through your computer or device(s), or who have permission or capability to access our website through your computer or device(s), or who use your internet connection, are aware of these Terms of Use and any other documents referred to in them, and that such persons also agree to be bound by and comply with these Terms of Use. If, for any reason, such persons do not agree or do not wish to be bound by these Terms of Use, they must not access or use our website and you must not permit them to do so.
3.Other documents governing your use of our website
In addition to these Terms of Use, your use of our website is also governed by the following documents:
Our privacy policy, available at https://songsolar.com/policies/privacy-policy. Our privacy policy governs our use of your information. It sets out what types of information we collect, the reasons we collect it, how we use it, where we disclose it to third parties, under what circumstances and for what reasons and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
By accessing and using our website, you agree to the terms and conditions contained in these Terms of Use.
By accessing and using our website, you agree to the terms and conditions contained in these Terms of Use. You acknowledge that we will process your data in accordance with our Privacy Policy and our use of cookies and similar technologies in accordance with our Cookie Policy.
If you do not agree to the terms and conditions set out in these Terms of Use, you must not use our website.
4. Availability of our website
We make no representations or warranties that:
the Website is available at a particular time or from a particular geographic location;
Your access to the Website is continuous or uninterrupted; or
the website is accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.
We reserve the right to suspend access to all or part of the Site for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Site, updating content, performing routine maintenance, or resolving any problems that come to our attention. If we anticipate that we may need to suspend access to the Site for an extended period of time, we will try to give you as much advance notice as possible.
Our website is intended for users in the United States. Although the website may be accessed from other countries, we make no representation that our website complies with the laws of countries other than the United States or that the content available on the website is appropriate for users in other countries or states.
5. Changes to these Terms of Use and other documents
We reserve the right to update these Terms of Use, our Privacy Policy, our Cookies Policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documents for any reason, including:
to reflect changes in the way we conduct our business;
to reflect changes we make to our Site, including but not limited to new features or functionality we provide, adjustments to the means by which we provide communications to you, or changes to the content, purpose or availability of the Site;
to accurately describe our current data processing activities so that you are informed about our latest practices;
to inform you about changes in the way we use cookies or similar data collection technologies; or
to ensure that our documentation complies and remains compliant with all current and future applicable laws, regulations and governmental guidance.
If required by law, we will notify you about any changes to these Terms of Use or the other documentation referred to in them by posting a notice on the Site and/or by posting an updated version of these Terms of Use or the other documentation on our Site with a new effective date at the top of the Terms of Use.
By continuing to access our website after we update our Terms of Use, Terms of Sale and/or User Content Agreement, you agree to be bound by those updated versions. In addition, by continuing to access our website after we update our Privacy Policy and/or our Cookie Policy, you acknowledge that the practices set forth in those updated policies will apply to our treatment of your information and our use of cookies and similar technologies.
You must check these Terms of Use and any other documents referred to in them each time you access our website to ensure that you are aware of the terms that apply to you at that time.
The date on which these Terms of Use and/or other documents (including our Privacy and Cookies Policy) were last modified will be indicated at the beginning of each document and will be referred to as the "Effective Date" of the document.
6. Your account details
If we provide you with account information, such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to any third party. All account information is intended for the use of the designated account holder only and not for any other person. You are responsible for all consequences of unauthorized access to your account due to disclosure of your account information to any third party.
If we offer you the opportunity to choose your own login details, including a password, we recommend that you use login details that are unique to your own use of this website and not use information from other accounts you may have with other websites or other easily discoverable information about you. You are responsible for all consequences of unauthorized access to your account due to sharing your login details with third parties.
You must never use another user's account without their permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect, or use other people's login information. We prohibit the creation of an account for anyone other than yourself, and you agree that you will not create an account for anyone else. You also represent that all information you provide to us during registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truthfulness and accuracy.
We reserve the right to terminate access to your account without notice if there is any actual or suspected breach of these Terms of Use or any other documents referred to therein, including without limitation if we suspect that there has been unauthorized access to your account or unauthorized disclosure of your login information.
If you know or suspect that the confidentiality of your login information has been compromised, for example by disclosure of such information to a third party, you must change your password immediately. If you are unable to change your password, you must notify us immediately by email to service@songsolar.com.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may also apply to orders placed by the same customer account or credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Packages that cannot be delivered by USPS will be canceled and refunded once received at our fulfillment center. Refunds typically take 4-10 business days to process. Please see our return policy for more details.
7. Ownership of material on our website
All trademarks, service marks, trade names, logos, copyrights and other intellectual property rights in our website and its content are either owned by or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its content not expressly authorized herein is strictly prohibited. All rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos and other marks owned by third parties and used or displayed on or through our Site (collectively, "Third Party Marks") may be the marks of their respective owners, who may or may not be endorsed or affiliated with us. Except as expressly provided in these Terms of Use or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or through the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Marks or any third party mark used or displayed on the Site without the prior written permission of the respective owner. All goodwill generated from the use of our Marks will inure solely to our benefit.
8. Information and content on our website are provided without guarantee
Our website is provided to you to provide you with general information about us, our company, and the products and services we offer. We do not make our website available for any other purpose except as expressly provided in these Terms of Use.
The content of our website is not intended to constitute advice. You must not rely on the content of our website in any way and must seek your own independent professional advice before deciding to take any action based in whole or in part on the content of our website at any time.
We make no representations or warranties, express or implied, that the content or materials available from time to time on our website are accurate, current or complete.
9. Permitted use of materials on our website
The content of our website is intended for your personal, private and non-commercial use only. You may print or distribute the content of our website for lawful personal, private and non-commercial purposes and you may also draw the attention of others within your organisation to the content of our website. You must not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
If you print, download, share or distribute content from our website, you must not make additions or deletions or otherwise alter any text from our website, you must not alter or alter any images, media or graphics from our website in any way, you must not remove any accompanying text from such images, media or graphics and you must ensure that all content distributed to third parties is an accurate representation of the content as it appears on our website.
The use of robots, spiders, data mining or scraping technologies or similar third party tools to extract or reproduce data or content from our website is prohibited without our prior written consent.
Whenever you distribute content or materials from our website to others, you must acknowledge us as the author of such content or materials (or other authors if identified by us) at the time of distribution of such content or materials.
10. Prohibited use of our website
You are not permitted to reproduce, duplicate, copy or resell any part of our website or any content on our website unless expressly permitted by these Terms of Use.
You are not permitted to access, interfere with, damage or disrupt our Site or any part of it, our systems, our hardware or equipment or networks on which our Site is hosted, any software we use to create or modify the Site or to provide the Site to you, or any hardware, equipment, networks, servers, software or technology owned or operated by us or any third party without our prior written consent.
You may only use our website for lawful purposes and in accordance with these terms of use. You must not use our website:
for any purpose that is unlawful or in any way in breach of any applicable laws or regulations, whether local, national or international;
for any fraudulent purposes whatsoever;
to conduct unsolicited or unauthorized advertising or direct or indirect marketing to any other person or to otherwise spam, communicate with any other person or promote any goods, services or business that is not approved by us;
Upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or other harmful programs or code that may affect the use or operation of the Site, our hardware or systems, or the computers, tablets, phones or other devices of any user or other third party, or upload any content or materials that contain such content;
communicating with, harming or attempting to harm children in any way; or
in any manner or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.
You must not submit any information to us about yourself if you are under 18 years of age or about any other person who is also:
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You must not use our products for any illegal or unauthorized purpose nor must you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any other code of a destructive nature.
A breach of any of the Terms will result in an immediate termination of your Services.
You must not send us any information that is classified as "sensitive personal data". "Sensitive personal data" means information about you or another person that reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that includes genetic data, biometric data, information about your or their health, sex life or sexual orientation.
If you provide us with such data, whether accidentally or intentionally, you will be deemed to have consented to our processing of that data on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).
11. Viruses and other harmful content
We cannot guarantee that our website is free from viruses or other malicious software, but we will use reasonable efforts to prevent such viruses or bugs from being uploaded to our website.
We assume no responsibility for bugs or viruses on our website or for any software transmitted from our website to your computer, or for the consequences that the presence or operation of such programs may have.
You must ensure that you have up-to-date and effective virus protection installed on your computer or other browsing device.
You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code which are harmful or malicious.
You must not use any third party, software or technology to attempt to gain unauthorized access to our website, servers, systems, hardware, software or data.
You must not attempt to conduct a denial-of-service attack on our website.
We may report any breach or suspected breach of this Clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
12. Links to other websites
Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any website accessible via a link on our website. We have no control over the content of third party websites and do not represent or warrant that such content is related to us or our website, is suitable or appropriate for use or viewing, is legal or accurate.
Any third party website accessible via a link on our website may collect and process your data. We are not responsible for the data processing activities of third party websites accessible via a link from our website and we disclaim any liability in this regard. You should check the privacy policies of these third parties to determine how they use your data before you decide to use their website and its features.
13. Links to our website
You may not establish a link to our website without our prior written consent.
If you have our permission to link to our website:
You may create links to our Site from other websites owned by you, provided that such websites, and the use of any links to our Site, comply with these Terms of Use;
Whenever you post a link to our website on another website, you agree to do so in an appropriate manner and not in a manner that is defamatory or disparaging to us, that misrepresents us or our company, or that is in any way harmful to us or our company; and
You must not link to our Website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement with us where none exists and in any event not without our prior written consent.
We may withdraw permission to link to our Site at any time. In the event that we withdraw your permission to link to our Site and we notify you of this, you must immediately remove or cause to be removed all links to our Site.
14. Exclusions and limitations of liability
We will not exclude our liability to you where it would be unlawful to do so, for example for death or personal injury caused by our negligence. If applicable law does not allow all or part of the limitations of liability below to apply to you, the limitations will only apply to you to the maximum extent permitted by applicable law.
If you purchase goods or services from our website, other disclaimers may apply. These are set out in our Terms of Sale.
SUBJECT TO THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY LOSS, DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING OUT OF, IN CONNECTION WITH OR RELATING TO:
YOUR USE OF OUR WEBSITE;
ANY DAMAGE OR LOSS OF DATA;
THE INABILITY TO ACCESS OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
ANY USE OF CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU PLACE ON SUCH CONTENT OR MATERIALS;
ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
LOSS OF REPUTATION OR GOODWILL;
LOSS OF SAVINGS;
LOSS OF A CHANCE OR OPPORTUNITY; OR
ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, YOU WILL BE LIABLE, WITHOUT LIMITATION, FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF SUCH LOSS, DAMAGE, COST, EXPENSE, LIABILITIES OR PENALTIES.
WE WILL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO INSTALL A FREE UPDATE, OR FOR ANY DAMAGE CAUSED BY YOUR FAILURE TO CORRECTLY FOLLOW THE INSTALLATION INSTRUCTIONS OR TO MEET THE MINIMUM SYSTEM REQUIREMENTS WE RECOMMEND.
You expressly agree that we will not be liable for any content or defamatory, offensive or unlawful conduct of any third party and that the risk of harm or damage resulting from the foregoing rests solely with you.
YOU AGREE THAT IN THE EVENT THAT YOU SUFFER ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH OUR ACTS OR OMISSIONS, THE DAMAGES THAT YOU SUFFER, IF ANY, WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO INJUNCTIVE RELIEF PREVENTING ANY USE OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY OUR OWNER, AND THAT YOU WILL HAVE NO RIGHT TO OBSTACLE THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, DISPLAY OR USE OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY OUR OWNER.
To the extent that the provisions of this Clause 15 (Exclusions and Limitations of Liability) are not enforceable as complete exclusions of liability, they shall be construed as limitations of liability, limiting our liability to you to the maximum extent permitted by law.
15. Indemnification
You (and any third party for whom or on whose behalf you operate an account or activity on the Site) agree to defend, indemnify and hold us harmless (at our request) from and against any claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and attorneys' fees and costs, arising out of or in any way connected with the following (including as a result of your direct activities on the Site or those conducted on your behalf):
Your uploads, access to or use of the Website;
Your violation or alleged violation of these Terms of Use;
Your violation of any third party rights, including but not limited to intellectual property rights, publicity, confidentiality, property or privacy rights;
Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authority, including, without limitation, all regulatory, administrative and legislative authorities; or
any misrepresentation made by you.
You will fully cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
16. Waiver of Class Actions
This is a class action waiver. YOU AND SONGSOLAR ® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless you and Songsolar ® agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
17. Settlement of disputes
Certain portions of this Clause 18 shall be deemed to constitute a "written agreement to arbitrate" under the Federal Arbitration Act. You and Songsolar® agree that we intend this Clause 18 to satisfy the "writing" requirement of the Federal Arbitration Act.
First Attempt to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, these Terms of Use, or any Additional Terms, whether arising before or after (collectively, a "Dispute"), or to any of our actual or alleged intellectual property rights (an "Excluded Dispute"), which includes the actions set forth herein, you agree to send a written notice to the other party containing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of the same. Our notice to you will be made using the most current contact information you have provided to us; if no such information has been provided or if such information is not current, we will owe you no obligation under this section. Your notice to us must be sent to: Songsolar ® in order to attempt to resolve the Dispute or Excluded Dispute, provided that neither you nor Songsolar ® will be obligated to resolve the Dispute or Excluded Dispute on terms that you and Songsolar ®, in our/their sole discretion, do not agree to.
Alternative Dispute Resolution Forums. If you are located in, have an office in, or carry on business in, a country where this Clause 18 is enforceable, the following mandatory arbitration clauses will apply to you:
(i) Arbitration. If we are unable to resolve a Dispute within sixty (60) days of receiving notice under Clause 18(A), either you or we may submit the Dispute to formal arbitration. If we are unable to resolve an Excluded Dispute under Clause 18(A) within sixty (60) days of receiving notice under Clause 18(A), either you or we may submit the Excluded Dispute to formal arbitration only if you and Songsolar ® agree, in a writing signed by you and an officer or legal representative of Songsolar ®, that such Excluded Dispute shall be submitted to arbitration. In such event (and only in such event), such Excluded Dispute will be considered a "Dispute" for the remainder of this Clause 18(B).
After the applicable sixty-day period, and to the maximum extent permitted by applicable law, a Dispute shall be resolved exclusively by binding arbitration under the then-current Comprehensive Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"). If the amount in dispute does not exceed $250,000, the arbitration shall be heard and decided by a single neutral arbitrator who shall be a retired judge or an attorney with at least fifteen (15) years of experience as a practicing member of the bar in the field related to the Dispute and shall preside over the proceedings. If the amount in dispute exceeds $250,000, or Songsolar ® elects, in its sole discretion, to pay the costs of arbitration in excess of the costs of proceedings before a single neutral arbitrator, the arbitration shall be heard and decided by a three-member panel, with one member selected by each party and the third member (who shall chair the panel) selected by the two members designated by the parties or by JAMS, in accordance with the then-current comprehensive arbitration rules and procedures. The arbitrator or panel shall apply applicable law, the provisions of these Terms of Use, and any additional terms set forth in Songsolar ®'s Privacy Policy, Data Protection Statement, and Subscriber Agreement to resolve any dispute. Such decision shall be made in accordance with the applicable law and facts, and no reasonable award shall be entered on any other basis. If you and Songsolar® do not both agree to arbitrate an Excluded Dispute in accordance with the immediately preceding paragraph of this Clause 18(B)(i), then this paragraph and the remainder of this Clause 18 will not apply to the Excluded Dispute.
(ii) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, the arbitrator must follow the terms of these Terms of Use (and any Additional Terms), as in a court, and can award damages and other relief (including attorneys' fees) to the prevailing party. However, in arbitration (A) there is no judge or jury, (B) the arbitration proceedings and arbitration results are subject to certain confidentiality rules, and (C) court review of the arbitration results is limited. All parties to the arbitration will have the right to be represented by an attorney or other representative of their own choosing, at their own expense. If an in-person arbitration hearing is required, it will be conducted in the City and County of Los Angeles, California. You and we will pay the administration and arbitrator fees and other costs in accordance with the applicable arbitration rules; however, if the applicable arbitration rules or laws require Songsolar® to pay a greater portion or all of the fees and costs in order for this Clause 18 to be enforceable, then Songsolar ® shall have the right to choose to pay the fees and costs and continue with arbitration or to decline to do so and have the matter resolved by the courts. Discovery will be permitted in accordance with the applicable arbitration rules. The arbitrator's decision shall consist of a written statement setting forth the individual claims of the dispute and shall include a statement of the essential findings and conclusions on which the decision and any award are based. Judgment on the arbitration decision and award (if any) may be entered in any court having jurisdiction over the parties under the Federal Arbitration Act.
18. Disclaimers
THE SITE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING:
THE SERVICE;
THE CONTENT OF THE WEBSITE;
USER CONTENT; OR
SECURITY RELATED TO THE TRANSMISSION OF INFORMATION TO THE WEBSITE.
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF HARMFUL COMPONENTS, INCLUDING BUT NOT LIMITED TO VIRUSES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTY THAT USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE EXPRESSLY DISCLAIM ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EACH JURISDICTION IN WHICH YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE ANY CONTENT AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND BASED ON OR RESULTING FROM ANY CONTENT.
19. Data protection for children
You may not use our Website if you are under thirteen (13) years of age. If you use the Website and are between thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using the Website, you confirm that you are not younger than thirteen (13) years of age, that you are between thirteen (13) and eighteen (18) years of age and have your parent's or legal guardian's permission to use the platform, or that you are of legal age in your jurisdiction. By using the Website, you also confirm that you are permitted to use and/or interact with the Website under the laws of your jurisdiction.
20. Applicable law and jurisdiction
These Terms of Use, any documents they refer to and any dispute arising out of or in connection with them or the documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the United States of America in the State of California.
The courts of the State of California will have exclusive jurisdiction over any claim or dispute arising out of or relating to these Terms of Use and any documents they incorporate by reference.
21. Copyright, Credit and Logo
The copyright in these Terms of Use is either owned by us or licensed to us and is protected by copyright laws around the world and by copyright protection software. Unless expressly stated otherwise, all intellectual property rights in this document and elsewhere on our website, including all content on our website, are reserved.
