TERMS OF SERVICE
These Terms apply to all visitors, users, buyers, sellers and others who access the Services ("User(s)," or "you," or "your"). If you open an account on the Services on behalf of an organization or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
PLEASE READ THESE TERMS CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.
PLEASE NOTE: SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
If you have any questions, please don’t hesitate to contact us via [email protected]
- Use of Our Service. The Services provides creative communities where Users can share and socialize around content, maintain portfolios, search jobs, or connect with job seekers. Our services also provide a marketplace where Users can buy and sell design items, such as fonts, brushes, patterns, and other digital assets ("Assets"). Some of our Service allows for a buyer ("Buyer") to purchase limited licenses (in accordance with the applicable License) to use Assets from shops opened on the Services by independent creators ("Shop Owners"). References to "buying" or "purchasing" Assets means buying or purchasing limited licenses to those Assets.
- Eligibility. You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Kitio.
- License Terms. As noted above, your use of any Assets is subject to the applicable License (outlined in License Terms and Font License Terms.) We and Shop Owners offer different license types, so it is important that you carefully review the rights and restrictions of the License that applies to the Assets before you purchase a license to such Assets. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
- Our Services. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Services for your use only as permitted by the features of the Service and by these Terms. Kitio reserves all rights not expressly granted herein in the Services and the Content (as defined below). Kitio may revoke this right at any time for any reason or no reason.
- Your Account. Your account gives you access to the services and features that we may establish, maintain, and modify, from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, which may provide access to additional or different Services or features of those Services. By connecting to the Services with a third-party service (e.g., via your Facebook or Google account), you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your own account, and you agree to the following:
- To store all passwords and usernames securely.
- To notify us of any unauthorized use or security breach. We will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
- To never share login details or account access with anyone, including clients or team members, unless explicitly permitted by additional terms applicable to your account type.
- To accept responsibility for activity that occurs under your account(s).
- To never transfer, rent, "sell," or otherwise make your account available to another person.
- Monitoring and Enforcement; Termination. Kitio reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and the applicable License, which we may update from time to time in our sole discretion. We further reserve the right to monitor downloads and user activity for security of our Services, fraud detection, and protection of our Users and to ensure compliance with applicable laws. We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. We may remove or refuse to post any User Content (defined below) for any reason or no reason in our sole discretion. We will not be liable for any loss or corruption of User Content you provide to the Services. Upon termination for any reason or no reason, you continue to be bound by these Terms.
- Notifications and Emails. By providing us with your email address, you consent to Kitio using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Subject to applicable law, we may also use your email address to send you other messages, such as changes to features of the Service and special offers ("Newsletters"). We may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion (in accordance with applicable law). We reserve the right to determine the form and means of providing notifications to our Users. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your email and notifications preferences on your account settings page. In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to those communications at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting [email protected]. Doing so may have a material impact on our ability to provide the Services to you and we are not responsible if you do so.
- Service Rules. You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping".
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Kitio servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Kitio grants the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Transmitting spam, chain letters, or other unsolicited promotional email.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services.
- Taking any action that imposes- or may impose, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Services, including through any User Content.
- Collecting or harvesting any personally identifiable information, including account names and emails, from the Services.
- Using the Services for any commercial solicitation purposes, except as explicitly permitted.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
- Interfering with the proper working of the Service.
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
- User Content.
- Some areas of the Services allow Users to post content outside of Assets for sale, such as profile information, screenshots, comments, images, files, job postings, and other content or information. Any such material a User submits, posts, displays, or otherwise makes available on the Service is "User Content". User Content includes, without limitation, logos, trademarks and service marks, trade names, and other information posted by users, which may be used by us for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by all other applicable terms, when you post User Content and interact with other Users of the Services. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User's action or inaction.
- You are entirely responsible for the content of, and any harm resulting from, your User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, sound, or other media formats. By making User Content available through the Services, you represent and warrant that:
- the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
- you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
- the User Content does not contain or install any viruses or other harmful or destructive content;
- the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Kitio or otherwise.
- User Content License Grant.
While you maintain all rights, including copyrights, that you own or control in User Content, you hereby grant the following licenses to your User Content:- To Kitio. By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Kitio a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Kitio’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Kitio may, but is not obliged, to cite you as the owner of such User Content in our marketing or other communications.
- To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Services and under these Terms.
- Additional User Content Prohibitions. You agree not to post User Content that:
- is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
- contains any information or content that would violate the privacy or publicity rights of any third party;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that you know is not correct and current; or
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Our Proprietary Rights. In these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may not exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, territory or other jurisdiction. Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to Kitio, other Users, and other licensors to Kitio (the "Kitio Content"), and all Intellectual Property Rights related thereto, as between you and Kitio, are the exclusive property of Kitio and its licensors (including that of other Users who post User Content to the Services). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, decompile, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Kitio Content. Use of the Kitio Content for any purpose not expressly permitted by these Terms is strictly prohibited.
- Feedback. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, voluntary, and without restriction and will not place Kitio under any fiduciary or other obligation, and that we are free to use the Idea without any attribution or additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Kitio does not waive any rights to use similar or related ideas previously known to Kitio, or developed by its employees, or obtained from sources other than you.
- Fees and Renewals. Pricing for certain accounts will be provided at the time of purchase. Unless otherwise set out at the time of purchase or as agreed to by Kitio, fees for a Paid Account will be billed in advance for each subscription period indicated in the description of the Paid Account (“Subscription Period”) and are non-refundable. There will be no refunds or download credits for partial months of service or for periods in which your Paid Account remains open but you do not use the Services associated with the Paid Account. Any download credits that are not used at the end of each Subscription Period will expire and new download credits, in the amount of your subscription, will be added to your account at the beginning of each new Subscription Period. The credits are not a gift and are paid for in advance solely for convenience of the customer. As such, the credits are non-transferrable to a third party, whether as a gift or for consideration.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or through email notification to you. You will be liable to pay such modified billing rates.
Subject to your payment of applicable fees for a Paid Account, we will provide the Services to you for the Subscription Period that you have paid for such Services. At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional Subscription Period until it is expressly canceled by you as described in the “Termination” section below. If you purchase any fee-based Service, including Paid Accounts, you agree that our third party payment gateways may store your credit or charge card or other payment information. You expressly agree that we are authorized to charge you (i) a fee for any applicable Services for which you have subscribed, billed on a basis of the Subscription Period, (ii) any other fees for the Services you may purchase, (iii) any charges for use of the Services in excess of the usage or other limits placed on your use of the Services (and you hereby consent to such charges and agree we are not required to notify you of any such charge in advance) and (iv) any applicable taxes in connection with your use of the Services to the credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the credit or charge card you provide expires and you do not provide new credit or charge card information or cancel your Account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees. - Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Services are satisfactory and hassle-free. Our Services host the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used.
- Fees and Paid Services.
- Billing Policies. Certain aspects of the Services may be provided for a fee or other charge, such as Paid Accounts and purchase of Assets. If you elect to use paid aspects of the Services, you agree to the posted pricing and payment terms as we may update them from time to time in our sole discretion. We may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
- Account Cancellation. You may cancel your account at any time; however, should you cancel your account, you will not be granted a refund upon cancellation. In the event that Kitio suspend or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any Credits, Asset licenses, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
- Refund Policy: You agree that all refunds are at the sole discretion of Kitio. Kitio has no obligation to refund amounts paid to license digital Assets, including but not limited to if Kitio finds that the Asset has been downloaded by the User.
- In the event Kitio makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to, including but not limited to any clouds accounts which you have synced with your Account.
- You also understand and agree that once a refund is requested, you are not permitted to exploit the product files (Assets) in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.
- Payment Information and Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, such as Assets, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.
- Consent and Collection and Use of Data.
- Asset Purchases. If you are a Buyer who purchases an Asset, you acknowledge and agree that the Shop Owner will have access to purchase information including the username you selected (which is publicly visible on the Services) along with the Asset you purchased and the date you purchased it ("Purchase Information") and you direct Kitio to make Purchase Information available to the applicable Shop Owner; the Shop Owner will also have access to any other information you choose to make publicly available on the Services (through your public profile page), but will not have access to any credit card information. If you are a Shop Owner, you may use Purchase Information solely to make available the Asset to the Buyer through the Services and provide directly related support; you may not sell any Purchase Information; and you may not further retain, use, or disclose personal information for any other purpose, except to the extent required by law.
- Consents. We care about the privacy of our Users. Click here to view our Privacy Policy. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed as described therein. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.
- Third Party Services. Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.
- Sensitive Personal Information. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Services is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, "Sensitive Personal Information"). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
- Security. Kitio cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your User Content and personal information at your own risk. You are fully responsible for all interaction with the Services that occurs in connection with your registration information (including, without limitation, all purchases). You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Services, and to ensure that you "log off"/exit from your account with the Services (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. If you sign into the Service using a third-party social networking platform account, be sure to review the privacy and data usage policies of such platform to learn more about its personal information practices and your options, as they may differ from those governed by our Privacy Policy and these Terms.
- Storage Practices and Limits. There is limited storage space for User Content on the Services. While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content or Assets. We reserve the right to mark or treat as "inactive" and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us in our sole discretion. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.
- Third-Party Links and Content. The Services may contain third-party content (including Assets sold by Shop Owners and User Content of other Users) and links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Kitio. Kitio does not endorse or assume any responsibility for any such third-party sites, information, materials, products, content, or services. If you access a third party website from the Services, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve Kitio from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions or transactions of third parties (including other Users) found on the Services, including payment and delivery of Assets provided by Shop Owners, and any other terms (such as warranties) are solely between you and such third parties. You agree that Kitio shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
- Indemnity. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Kitio and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (individually and collectively, "Our Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding ("Claim") arising out of or in connection with:
- Your use of and access to the Services, including any data or content transmitted or received by you.
- Your violation of any term of these Terms or any Policies (defined below), including without limitation your breach of any of the representations and warranties provided therein.
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
- Your violation of any applicable law, rule or regulation
- Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.
- Any other party's access and use of the Services with your unique username, password or other appropriate security code.
- The violation of any third-party right of a product you purchase on the site.
If we request that you defend a Claim, you will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing. "Policies" mean collectively License Terms, Affiliate Terms, Shop Terms, Privacy Policy and all other terms incorporated into these Terms by reference.
- DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE 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, KITIO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. KITIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT, ASSET, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KITIO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION BETWEEN YOU AND ANOTHER USER OF THE SERVICES.
- DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
- ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF CONTENT.
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
- 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 SERVICES; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
- LIMITATION OF LIABILITY. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE MILLION VIETNAM DONG (1,000,000 VND) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. - Entire Agreement. These Terms (including, without limitation, the Policies and License, and all other terms incorporated herein by reference) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any third party software license agreement or service level agreement that contain a link to the Services, the terms and conditions of these Terms will control, except: the Privacy Policy will control to the extent that it expressly overrides these Terms.
- Changes or Updates to these Terms. We may revise and update these Terms from time to time in our sole discretion. You are responsible for regularly reviewing these Terms to obtain timely notice of such updates. To the extent permitted by law, all changes are effective immediately unless we indicate a different effective date when we post them. Your continued use of the Service after the effective date will be deemed an acceptance of the updates. Notwithstanding the foregoing, any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms incorporating such changes or otherwise notified you of such changes.
- Contact. Please contact us by email at [email protected] with any questions regarding the Services, these Terms, accounts, or billing matters.
