Terms & Conditions

AGREEMENT TO TERMS

TEK360.io is a brand of Earth And Skies LTD. Any contract which is carried out with TEK360.io is in actual carried out with its mother company Earth And Skies LTD which is registered under UK company registrations Law. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and (Earth And Skies LTD) (“we,” “us” or “our”), concerning your access to and use of the (website here) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: Animated Marketing Videos (the “Marketplace Offerings”). To help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Additional terms and conditions or documents that may be posted on the site from time to time are clearly stated here for reference. We reserve the right, in our sole discretion, to make changes or to amend these Terms of Use at any time for any reason. We will notify you of any changes by updating the “Last Update” date for these Terms of Use, and waive any right to receive specific notice of each change. It is your responsibility to review these Terms of Use from time to time to keep abreast of updates. You will be subject to and will be treated with, notice and acceptance of, changes to any Terms of Use updated on your continued use of the Site after the date of posting of the updated Terms of Use.
The information provided on the Site is not intended to be distributed or used by any person or company in any place or country where such distribution or use would violate the law or regulation or which would place us in any registration requirements within that area or country. Therefore, those persons who choose to access the Site from other sites do so on their initiative and are responsible for complying with local laws, if and where applicable local laws apply.
The site is designed for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Site or to use Local Site Offerings.

Additional terms and conditions or documents that may be posted on the site from time to time are clearly stated here for reference. We reserve the right, in our sole discretion, to make changes or to amend these Terms of Use at any time for any reason. We will notify you of any changes by updating the “Last Update” date for these Terms of Use, and waive any right to receive specific notification of each change. It is your responsibility to review these Terms of Use from time to time to keep abreast of updates. You will be subject to, and will be treated with, notice and acceptance of, changes to any Terms of Use updated on your continued use of the Site after the date of posting of the updated Terms of Use.

The information provided on the Site is not intended to be distributed or used by any person or company in any place or country where such distribution or use would be in violation of the law or regulation or which would place us in any registration requirements within that area or country. Therefore, those persons who choose to access the Site from other sites do so on their own initiative and are responsible for complying with local laws, if and where applicable local laws apply.

The site is designed for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Site or to use Local Site Offerings.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, Site and Marketplace Offerings are our proprietary and all-encompassing source code, database, functionality, software, website design, audio, video, text, images, and images on the Site (collectively, “Content”) and symbols. trademarks, service marks, and logos (“Marks”) owned or controlled by or licensed to us, and are protected by copyright and trademark laws and other intellectual property rights and applicable competition laws of the United States, foreign, and international agreements. by countries. Content and Symbols are provided on the “AS IS” Website for your personal information and use only. Except as expressly provided in these Terms of Use, no part of the Site or Marketplace Offer and no Content or Trademarks may be copied, reproduced, compiled, republished, uploaded, posted, displayed, coded, translated, transmitted, distributed, sold, licensed, or exploited for any purpose, without our prior written consent.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any part of the content that you have properly accessed for personal, non-commercial purposes. use. We reserve all rights that you have not explicitly granted in the Site, Content and Trademarks.

USER REPRESENTATIONS

By using the Site or Site Offerings, you represent and warrant that: (1) you have the legal capacity and agree to abide by these Terms of Use; (2) you are not the youngest in your community; (3) You may not access Site or Marketplace Offerings in automatic or non-personal ways, either by bot, text or otherwise; (4) You may not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site or Marketplace Offerings shall not violate any applicable law or regulation.

If you provide any false, inaccurate, incorrect, or incomplete information, we reserve the right to suspend or close your account and deny any current or future use of the Site (or any part thereof).

You must not use the Site or Market Offerings for any illegal or unauthorized purpose and add, by using Marketplace Offerings, you have violated any rules. Among the unauthorized Market Offerings are the following: Drugs of any kind; illicit drugs or other illegal products; alcoholic beverages; opportunity games; and pornography or other explicit adult content, images, or other adult products. Posting of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from using the Site.

We are service providers and do not make representations regarding the safety, effectiveness, accuracy, availability, pricing, ratings, reviews, or legitimacy of any information contained on the Site or the Marketplace Offerings displayed or provided by the Site. You understand and agree that the Content of the Site does not contain or constitute any representations that should reasonably be relied upon, and you agree to keep us safe from any errors, omissions, or distortions of the Site Content. We do not recommend or recommend any Marketplace offer and the Site is provided for informational and advertising purposes only.

PURCHASES AND PAYMENTS

We accept the following forms of payment:

– PayPal

– Visa

– Mastercard

– American Express

– Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers, or distributors. 

REFUNDS POLICY

In case you are not completely satisfied with your package, we offer 3 additional updates free of cost. In case of any failure to fulfill any of your special designing requirements or not able to complete your design order as per the delivery policy, your complete design order amount will be refunded.
Your refund would be processed as per the chart below: All refund requests will be fulfilled as per the following arrangement:

  • If request for refund is made within 48 hours, you would be eligible for 66% refund (less 10% service & processing fee).
  • If request for refund is made between 48- 120 hours, you would be eligible 33% refund (less 10% service & processing fee).
  • No refund request will be entertained after 120 hours of your initial design delivery, however since we believe in 100% customer satisfaction you`re encouraged to contact us in case of any concern.
  • At least 3 revisions must be exhausted before refund.

If you choose to terminate the project, under no circumstances TEK360 (website) will reimburse you for the amount paid for the Services.

TEK360, based on the violation of your user agreement reserves the right to approve/disapprove your request on an individual case to case basis.

PROHIBITED ACTIVITIES

  1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on the Site.
  4. Use the Site to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Site.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, comments, feedback, or other information about the Site or Marketplace Offerings (“Posts”) provided by you to us are not confidential and will be our sole property. We will own the intellectual property rights, including all intellectual property rights, and will have the right to use and distribute without limitation of any posting for any legal, commercial or other purpose, without your consent or compensation to you. You thus relinquish all moral rights to any such proposals, and you confirm that any such proposals belong to you or you have the right to submit such proposals. You agree that there will be no way to challenge us for any alleged or actual violations or abuse of any copyright in your material.

You acknowledge and agree that any questions, comments, suggestions, comments, feedback, or other information about the Site or Marketplace Offerings (“Posts”) provided by you to us are not confidential and will be our sole property. We will own the intellectual property rights, including all intellectual property rights, and will have the right to use and distribute without limitation of any posting for any legal, commercial or other purpose, without your consent or compensation to you. You thus relinquish all moral rights to any such proposals, and you confirm that any such proposals belong to you or you have the right to submit such proposals. You agree that there will be no way to challenge us for any alleged or actual violations or abuse of any copyright in your material.

THIRD PARTY WEBSITES AND CONTENT

The Site may contain (or may be delivered via the Site or Marketplace Offerings) to other websites (“External Company Websites”) as well as articles, images, text, graphics, images, designs, music, audio, video, information, applications, software, and other content or materials that are owned by or from third parties (“External Company Content”). Those third-party Websites and third-party Content are not investigated, monitored, or evaluated by us for accuracy, relevance, or completeness, and we are not responsible for any third-party Web sites accessed by the Site and any third-party Content posted on, linked to, or included on the Site. accuracy, annoyance, opinions, honesty, privacy practices, or other policies or content on Third Party Websites or third-party Content. The installation, connection, or authorization of the use or installation of any third-party Web sites and any third-party Content does not constitute an endorsement or endorsement by us. If you decide to leave the Site and access third-party Web sites or use or install any third-party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You must review the applicable terms and conditions, including privacy and data collection procedures, for any website you visit from the Site or related to any applications that you use or install on the Site. Any purchases you make through third-party websites will be by other websites and third parties, and we do not incur any liability in respect of any such purchases between you and the applicable third party. You acknowledge and agree that we do not endorse any of the products or services offered on third-party websites and you will treat us without harm to any harm caused by your purchase of those products or services. Additionally, you will keep us safe from any sponsored losses or damages caused by you or related in any way from any third-party content or any links to third-party websites.

SITE MANAGEMENT

We have the right, but not the obligation, to: (1) monitor the Site in violation of these Terms of Use; (2) take appropriate legal action against anyone who, in our opinion, violates the law or these Terms of Use, which includes without limitation, reporting such user to the law; (3) at our sole discretion and without limitation, denying, limiting access, limiting availability, or closing (technically possible) any of your Contributions or any part thereof; (4) at our sole discretion and without limitation, notice, or liability, to remove from the Site or disable all files and content that are excessive or burdensome in any way in our systems; and (5) manage the Site in a manner designed to protect our rights and property and to facilitate the effective operation of the Site and the Marketplace Offerings.

We care about data privacy and security. By using the Site or Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, contained in these Terms of Use. Please note that the Site and Market Offerings are hosted in the United States. If you access the Site or Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing the collection of personal data, use, or disclosure that differ from applicable United States laws, then continue to use the Site. your data in the United States, and you expressly agree that your data has been transferred and processed in the United States. Furthermore, we do not intentionally accept, solicit, or solicit information from children or intentionally market children. Therefore, in accordance with the US Children’s Online Privacy Protection Act, if we receive actual information that anyone under the age of 13 has provided us with personal information without the necessary and validated parental consent, we will remove that information from the Site immediately.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We will not guarantee the Site and Local Site Offerings will be available at all times. We may have computer hardware, software, or other problems or need repair related to the Site, resulting in interruptions, delays, or errors. We reserve the right to modify, update, update, suspend, suspend, or modify the Site or Marketplace Offerings at any time or for any reason without notice to you. You agree that we are not responsible for any loss, damage, or disruption caused by your inability to access or use the Site or Market Offer for any period of rest or termination of the Site or Market Contribution. Nothing in these Terms of Use shall be construed as an obligation to maintain and support the Site or Market Offerings or to provide any corrections, reviews, or related releases.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

DISPUTE REGULATION

  1. a) Information Negotiations

To expedite the resolution and control of the costs of any dispute, dispute, or claim relating to these Terms of Use (“Dispute” individually and collectively, “Disputes”) submitted by you or us (individually, “Group” and collectively, “Groups”), the parties agree to try. first discuss any Dispute (other than those Disputes specifically given below) informally at least thirty (30) days prior to the arbitration. Such informal discussions begin with a written notice from one Party to another

  1. b) Binding Arbitration

If the Parties are unable to resolve the Dispute through informal negotiations, the Dispute (other than those Disputes mentioned explicitly below) will ultimately be resolved amicably by a binding resolution. YOU UNDERSTAND THAT WITHOUT THIS OFFERING, YOU WOULD HAVE THE RIGHT TO SUBMIT POEM CLAIMS AND HAVE A JUDGE SERVICE. Mediation will be initiated and conducted under the American Arbitration Association (“AAA”) Commercial Arbitration Rules and, where appropriate, AAA Extraordinary Consumer Dispute Procedure Procedures (“AAA Consumer Rules”), both available on the AAA Website www.adr .org. Your mediation fees and your mediator compensation share will be governed by the AAA Consumer Rules and, where appropriate, limited to the AAA Consumer Rules. Mediation can be done in person, by text, telephone, or online. The Mediator will make the decision in writing, but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must comply with applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by applicable AAA rules or applicable law, arbitration will take place in Cody County, Wyoming. Unless otherwise provided, Affected Parties may sue in court to enforce an arbitration, remain in anticipation of arbitration, or confirm, remedy, exit, or adjudicate a judge’s award.

If for any reason, the Dispute continues in court instead of being resolved, the Dispute will be initiated or prosecuted in the state and provincial courts located in Cody County, Wyoming, and the Parties agree, and waive all defenses of personal power. , and improper forums concerning the position and jurisdiction of that provincial and provincial court. The use of the United Nations Convention on International Trade in Trade Agreements and the Common Computer Information Act (UCITA) is not included in these Terms of Use.

In no event shall any dispute be brought by any party affiliated in any way to the Site shall commence more than one (1) year after the occurrence of the cause of the action. If this rule is found to be invalid or unenforceable, no Party shall choose to arbitrate any dispute falling under that part of this system which is found to be unlawful or unenforceable and such dispute shall be determined by a court of competent jurisdiction within the courts listed. the power to administer above, and the Parties agree to submit to the personal area of that court.

  1. c) Restrictions

Participants agree that any arbitration will be limited to Disputes between Individual Parties. To the fullest extent allowed by law, (a) no arbitration shall be incorporated with any other procedure; (b) there is no right or authority for any dispute to be resolved on the basis of section proceedings or to apply section procedures; and (c) no right or authority of any Dispute shall be exercised in the manner intended to represent the general public or any other person.

  1. d) Exceptions to Informal Negotiations and Arbitration

The Parties recognize that the following Disputes do not fall within the scope of the provisions for informal negotiations and binding resolutions: (a) any disputes seeking to enforce or protect, or in respect of the legitimacy of any intellectual property rights of the Party; (b) any Disputes related to, or arising from, allegations of theft, criminal misconduct, covert attack, or unauthorized use; and (c) any application for unauthorized release. If this rule is found to be invalid or unenforceable, no Party shall choose to arbitrate any dispute falling under that part of this system which is found to be unlawful or unenforceable and such dispute shall be determined by a court of competent jurisdiction within the courts listed. the power to administer above, and the Parties agree to submit to the personal area of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Marketplace Offerings; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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