If you provide any information that is untrue, inaccurate,
not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
You may not access or use the Services for any purpose other
than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services
to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
- Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features
that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Services and/or the
Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Services.
- Use any information obtained from the Services in order to
harass, abuse, or harm another person.
- Make improper use of our support services or submit false
reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable
laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the display
name of another user.
- Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of
the Services.
- Copy or adapt the Services' software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Services.
- Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses
the Services, or use or launch any unauthorized script or other
software.
- Use a buying agent or purchasing agent to make purchases on the
Services.
- Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to
text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Services and through third-party websites. When
you create or make available any Contributions, you thereby
represent and warrant that:
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store,
process, and use any
information and personal data that you provide and your choices
(including settings).
By submitting suggestions or other feedback
regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your
Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
8. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect
while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at
all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use
the Services during any downtime or discontinuance of the Services. Nothing
in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
10. GOVERNING LAW
These Legal Terms shall be governed by and defined
following the
laws of
Portual. MailAgent.ai and yourself irrevocably consent that the courts
of
Portual shall have exclusive jurisdiction to resolve any dispute
which may
arise in connection with these Legal Terms.
11. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute,
controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the
"Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided
below)
informally for at least 30 days before initiating arbitration. Such
informal
negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising out of or in connection with these
Legal Terms,
including any question regarding its existence, validity, or
termination,
shall be referred to and finally resolved by the International
Commercial
Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels,
Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result
of referring to it, is considered as the part of this clause. The
number of
arbitrators shall be three. The seat, or legal place, or arbitration
shall
be Brussels, Belgium. The language of the proceedings shall be
English. The
governing law of these Legal Terms shall be substantive law of
Belgium.
Restrictions
The Parties agree that any arbitration shall be limited
to the
Dispute
between the Parties individually. To the full extent permitted by
law, (a)
no arbitration shall be joined with any other proceeding; (b) there
is no
right or authority for any Dispute to be arbitrated on a
class-action basis
or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported
representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject to
the above
provisions concerning informal negotiations binding arbitration: (a)
any
Disputes seeking to enforce or protect, or concerning the validity
of, any
of the intellectual property rights of a Party; (b) any Dispute
related to,
or arising from, allegations of theft, piracy, invasion of privacy,
or
unauthorized use; and (c) any claim for injunctive relief. If this
provision
is found to be illegal or unenforceable, then neither Party will
elect to
arbitrate any Dispute falling within that portion of this provision
found to
be illegal or unenforceable and such Dispute shall be decided by a
court of
competent jurisdiction within the courts listed for jurisdiction
above, and
the Parties agree to submit to the personal jurisdiction of that
court.
12. CORRECTIONS
There may be information on the Services that contains
typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct
any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
13. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU
AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE
LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL
AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO
US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our
subsidiaries, affiliates, and all of our respective officers,
agents,
partners, and employees, from and against any loss, damage,
liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by
any third party due to or arising out of: (1) use of the Services;
(2)
breach of these Legal Terms; (3) any breach of your representations
and
warranties set forth in these Legal Terms; (4) your violation of the
rights
of a third party, including but not limited to intellectual property
rights;
or (5) any overt harmful act toward any other user of the Services
with whom
you connected via the Services. Notwithstanding the foregoing, we
reserve
the right, at your expense, to assume the exclusive defense and
control of
any matter for which you are required to indemnify us, and you agree
to
cooperate, at your expense, with our defense of such claims. We will
use
reasonable efforts to notify you of any such claim, action, or
proceeding
which is subject to this indemnification upon becoming aware of it.
16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing
online
forms
constitute electronic communications. You consent to receive
electronic
communications, and you agree that all agreements, notices,
disclosures, and
other communications we provide to you electronically, via email and
on the
Services, satisfy any legal requirement that such communication be
in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which
require an original signature or delivery or retention of
non-electronic
records, or to payments or the granting of credits by any means
other than
electronic means.
17.MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us
on the
Services or in respect to the Services constitute the entire
agreement and
understanding between you and us. Our failure to exercise or enforce
any
right or provision of these Legal Terms shall not operate as a
waiver of
such right or provision. These Legal Terms operate to the fullest
extent
permissible by law. We may assign any or all of our rights and
obligations
to others at any time. We shall not be responsible or liable for any
loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable
control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or
part of
the provision is deemed severable from these Legal Terms and does
not affect
the validity and enforceability of any remaining provisions. There
is no
joint venture, partnership, employment or agency relationship
created
between you and us as a result of these Legal Terms or use of the
Services.
You agree that these Legal Terms will not be construed against us by
virtue
of having drafted them. You hereby waive any and all defenses you
may have
based on the electronic form of these Legal Terms and the lack of
signing by
the parties hereto to execute these Legal Terms.
18. CONTACT US
In order to resolve a complaint regarding the Services
or to
receive
further information regarding use of the Services, please contact us
at:
legal@mailagent.ai