THESE TERMS AND CONDITIONS WILL BE APPLICABLE TO YOUR USE OF AND ACCESS TO THE WEBSITE (AS DEFINED IN SECTION 1 BELOW). THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF WOWTURF AND IMPOSES LEGAL OBLIGATIONS ON YOU.  BY ACCESSING AND/OR USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS.  IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY SERVICES MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS OF CLAUSES 2, 6, 11, 15 AND 16.  IT IS SUGGESTED THAT YOU PRINT A COPY OF THESE TERMS AND KEEP IT FOR YOUR RECORDS.

 

GENERAL

1.1. When accessing the website www.wowturf.org (the “Website”), you enter into a legally binding contract with WowTurf upon these terms and conditions (“Terms”). WowTurf is a company incorporated under the laws of Belize with company number 170,464 and whose registered office is at Caye Financial Center, Corner Coconut Drive & Hurricane Way, 3rd floor, San Pedro Town, Ambergris Caye, Belize, C.A. (hereinafter referred to as “we” or “us” or “our”).

1.2. These Terms apply to all visitors to the Website, including, but not limited to members of the public or legal and other entities accessing the Website for whatsoever purpose and members of the public or legal entities submitting information, data, images and/or any other material (“Content”) (“users” or “you” or “your”).

1.3. These Terms and our privacy policy [https://www.wowturf.org/terms-and-conditions/] constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Services and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between us, whether written or oral.

1.4. Terms and the relationship between us shall be governed by the laws of Jersey. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Jersey.

1.5. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

1.6. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

ACCEPTANCE

2.1. As stated in BOLD at the top of these Terms and in clause 1 above, by accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become dissatisfied with us, the Website or the Services, please refrain from accessing or visiting or using the Website and/or the Services for any reason whatsoever and contact us using the contact details set out under the “Contact Us” page on the Website.

2.2. These Terms may be updated by us at any time in our sole discretion. We may send you notice of changes to the Website or the Terms or we may announce that these changes have been made by notice to you when logging into the Website for the first time since the change was implemented.

2.3. We may terminate your access to the Website and/or the Services, without cause or notice, which may result in the deletion of all information associated with your account. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SERVICES

Services shall mean the services described in clauses 3.1, 3.2, and 3.3 below.

3.1. Advertisements

3.1.1. We provide a platform which allows advertisements for goods and services (Adverts) to be placed on our Website by a third party approved by us (an Advertiser).

3.1.2. The value of advertising space will depend on the highest bid made by an Advertiser.

3.1.3. An Advertiser will be able to bid for different types of advertising space each having certain specifications and characteristics. The information regarding the specifications and cost of the different types of advertising space and its placement will be made available to the Advertiser before committing to a final bid and budget amount. If an Advertiser places a winning bid, it will be awarded the advertising space for which it placed a bid.

3.1.4. The content of all Adverts shall be reviewed by WowTurf prior to an Advert being published on the Website.

3.1.5. WowTurf may, in its sole discretion, refuse to publish any content which it may deem to be harmful, libelous, offensive or inappropriate, and WowTurf agrees to refund such Advertiser’s bid (to the extent that such bid has been paid) less any administration costs or service charges WowTurf may have incurred in connection with such Advert.

3.1.6. WowTurf has the right to cancel an Advert at any time for reasons including if any account of an Advertiser is overdue for payment.  WowTurf shall be entitled to charge interest on all outstanding amounts due by an Advertiser at a rate of 5% per annum until the date of payment.

3.2. Chance to Participate in Marketing Spend

3.2.1. In addition to the Services described in clause 3.1, we provide a platform for users (“Subscribers”) to interact with Adverts and to be awarded a specified amount of education related funding (“Funding”). Subscribers earn points by interacting with Adverts.

3.2.2. The points earned are convertible into tokens. For an explanation of how points and tokens work, please visit [https://www.wowturf.org/how-points-work/].

3.2.3. Children under the age of 16 will required the consent of their parent or legal guardian to become a Subscriber.

3.2.4. Each draw requires a Subscriber to hold a certain number of tokens before a Subscriber may enter a draw. Tokens spent on a draw will be deducted from your total number of tokens. Any and all points or tokens allocated to a Subscriber may be transferred to another Subscriber. As points are earned, they automatically translate into tokens. Tokens are what give the Subscriber an entry into a bursary giveaway. We have a page on the site that explains how the point system works: https://www.wowturf.org/how-points-work/

NOTE: Apple is not in any way connected with the draws nor a sponsor of WowTurf.

3.2.5. Points and tokens remain valid for a period of three years from the date on which they were earned. In the event of your death, your points and tokens will be cancelled by WowTurf.

3.2.6. The names of all entrants are placed into a draw and the winner/s is/are chosen on a random basis (by means of a computerised random selection algorithm).

3.2.7. A draw shall remain open for a specified time as determined by WowTurf and WowTurf may, in its sole discretion, vary the closing date and/or time for entry into any of the draws.

3.2.8. Subscribers who win any of the draws will be notified within their profile dashboard, by email and or by phone.

3.2.9. Subscribers who win a draw will be entitled to benefit from the amount of Funding specified in relation to such draw. Prior to the award of Funding, a Subscriber must provide evidence to the satisfaction of WowTurf regarding the proposed use of the Funding. For instance, Funding could be used for, amongst other things, the payment of tuition fees of recognised educational institutions, the purchase of sporting or electronic equipment and other education related expenses that are required by the chosen course of study. The decision as to whether the proposed use of Funding is education related shall be made in WowTurf’s sole discretion, and WowTurf retains the right to refuse payment in relation to evidence produced by a Subscriber which is not authentic.

3.2.10. We reserve the right to publish the names, image, country of residence and the Funding amount won by any Subscriber including the details relating to the relevant draw by means of our chosen social media, communication and advertising platforms.

3.2.11. Funding shall not be paid directly to a Subscriber who wins a draw, but shall be paid to the education institution of the winner’s choice (provided that the institution is bona fide) in accordance with clause 3.2.7 above.

3.2.12. All draws will be audited by a firm of accountants, the name of which will be made available to you on request.

3.2.13. In the event that a Subscriber wins Funding as a result of a draw and has decided not to utilise such Funding, the right to receive the Funding may be transferred to a third party by a Subscriber subject to the prior written approval of WowTurf and the acceptance by such third party of these Terms.

3.2.14. All payments of Funding made by WowTurf shall be subject to:

3.2.14.1. any statutory deductions, withholding taxes, value-added tax, due diligence costs, FICA compliance and the like which may be applicable; and

3.2.14.2. any bank or other charges incurred by WowTurf in making such payment.          

3.2.15. You confirm that you are fully responsible for any tax implications arising from, or associated with, using WowTurf and the Services.  You hereby fully indemnify WowTurf, and hold WowTurf completely harmless, against all damages, claims and fines made against you, including all legal costs, to the extent to which such damages, claims and fines arise out of or are connected to any taxation relating to you or your minors as a result of using the Website and/or the Services.

3.2.16. WowTurf shall not be obliged to pay any amount of Funding to an education institution if:

3.2.16.1. WowTurf is of the view that such Subscriber’s account has been registered by or on behalf of an individual who has not attained the age of majority in their country of residence;

3.2.16.2. the Subscriber maintains more than one account;

3.2.16.3. the entry was made after the relevant deadline or after the start of the relevant draw;

3.2.16.4. an entry was erroneously accepted after the relevant deadline or if the relevant draw had already begun or taken place due to a technical and/or human error;

3.2.16.5. the draw was entered into on behalf of a Subscriber who has been involved in any fraud-related activities in relation to a draw, the operation of its account or otherwise in relation to the Website or the Services; or

3.2.16.6. any Subscriber has contravened any provision of these Terms.

3.3. Educational Services

3.3.1. In addition to the Services described in clauses 3.1 and 3.2, we provide a platform for parents, grandparents, child minders, educators and the like which enables each of them to access educational, cultural and recreational information and applications (“WowTurf Content”).

3.3.2. All WowTurf Content shall be proprietary to WowTurf and subject to these Terms.

CREATING AN ACCOUNT

4.1. In order to access the Services, you will be required to register an account via our [registration/subscription] page located on our Website. You will be able to register as either an Advertiser and/or a Subscriber.

4.2. All Subscribers and Advertisers (which are natural persons) must have reached the age of majority in their country of residence in order to create an account.

4.3. Each Subscriber is only permitted to have one WowTurf account and is expressly prohibited from opening multiple accounts in the name of or on behalf of other persons. WowTurf hereby reserves the right to void any bids which we deem to have been placed by a single Subscriber on multiple accounts.

4.4. If a Subscriber wins a draw, it will be necessary for the Subscriber to furnish WowTurf with a copy of the Subscriber’s identity details (from an identity document/passport which must be valid), proof of residence in the nature of a statement/invoice of account which shall not be older than 3 months and any additional documentation which WowTurf may require. WowTurf will not be able to award any Funding to a Subscriber should a Subscriber fail to comply with the requirements of this clause 4.4 or should WowTurf be unable to identify a Subscriber based on the documentation provided, for whatever reason.

4.5 WowTurf reserves the right to reject any registration for a new account and/or cancel an existing account in its sole discretion without communication to the Subscriber or Advertiser or applicant (as the case may be).

CONSUMER PROTECTION LEGISLATION

5.1. If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the any consumer protection legislation, as may be amended from time to time (“Consumer Protection Legislation”), it is not intended that any provision of these Terms contravene any provision of any Consumer Protection Legislation. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of any Consumer Protection Legislation are complied with.

5.2. No provision of these Terms (or any contract governed by these Terms):

5.2.1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

5.2.2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

5.2.3. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Legislation (to the extent applicable) or which we give under the Consumer Protection Legislation (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

COLLECTION AND PROCESSING OF PERSONAL INFORMATION

6.1. We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our privacy policy located on our Website.

6.2. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our privacy policy.

6.3. If you are under the age of 16, you will need to request your parent or legal guardian’s permission to use the Website.

ACCESSING (BROWSING) THE WEBSITE

7.1. Should a Subscriber decide to engage any of the Advertisers, you will be entering into a contract with the relevant participating Advertiser and not with us. We are not a party to any contracts between Subscribers and Advertisers and have no control over any element of any dealings as between Subscribers and Advertisers.

7.2. The Content made available through the Website may contain links to other third party websites (including Advertiser websites, Facebook, Twitter, Instagram and other social media platforms) (“Third Party Websites”), which are completely unrelated to us or our Services. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.

7.3. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes on another’s intellectual property rights.

SUBMITTING CONTENT

8.1. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Services and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Services. In connection with such Content posted on, transmitted through, or linked from the Services by you, you affirm, acknowledge, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use such Content via the Services and Website (including without limitation all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorise us to use such Content to enable inclusion and use of the Content in the manner contemplated by the Services, the Website and these Terms.

8.2. For clarity, you retain all intellectual property rights in and to your Content, however, by submitting the Content to us, you hereby grant to us an irrevocable, non-terminable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and our (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required in order to host and display your Content.

8.3. You expressly agree not to post, email, or otherwise make available Content:

8.3.1. that violates any law;

8.3.2. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant us all of the license rights granted herein;

8.3.3. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

8.3.4. that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another’s privacy or other rights, or harms or could harm minors in any way;

8.3.5. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

8.3.6. that violates any employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.

8.3.7. that includes personal or identifying information about another person without that person’s explicit consent;

8.3.8. that impersonates any person or entity, including, but not limited to, any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;

8.3.9. that is false, deceptive, misleading, deceitful, or misinformative;

8.3.10. that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;

8.3.11. that includes links to commercial services or Third Party Websites, except as specifically allowed by us; or

8.3.12. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

8.4. We reserve the right to remove any Content without prior notice. We may also terminate a user’s access to the Website, if such user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at our sole discretion, we reserve the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. We may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

8.5 You acknowledge and agree that we have the sole discretion in determining if and when we use the Content submitted to us by you. Should we decide not to use your Content, you acknowledge and agree that we will not be obliged to issue or allocate any points or tokens to you.

INTELLECTUAL PROPERTY RIGHTS

9.1. You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under clause 8 of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, and are subject to copyright and other intellectual property rights. Materials on the Website are provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for financial gain or other commercial purpose without the prior written consent of the respective owners.

9.2. We reserve all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.

9.3. Any reproduction, modification, reverse engineering, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

9.4. You further agree not to reproduce, duplicate or copy Content or Materials from the Services, and agree to abide by any and all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

SECURITY

10.1. WowTurf secures all Subscriber and Advertiser information (on a best efforts basis), both online and offline, and all data transmitted by us is secured by means of SSL encryption where required.

10.2. Although we have taken certain precautions to keep your data secure at all times (from hackers and any unauthorised access), we do not represent or warrant that your data will remain secure at all times and your use of the Website and the Services shall be at your own risk.

10.3. All cardholder data stored, processed and transmitted in relation to credit card payments accepted via our Website is securely hosted with a PCI DSS (The Payment Card Industry Data Security Standard) compliant hosting provider.

INDEMNITY

11.1. You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

11.1.1. your use of and access to the Website and/or the Services;

11.1.2. your violation of any term of these Terms;

11.1.3. the unauthorised use of your account as a result of your failure to keep your WowTurf account details private;

11.1.4. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or

11.1.5. any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.

11.2. If any sum is due to us under these Terms (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from United States Dollars (“USD”) (in which that Sum is payable) into another currency (the “Second Currency”), you agree as an independent obligation, to indemnify us against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from USD into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum. You agree to waive any right you may have in any jurisdiction to pay any amount under these Terms in a currency or currency unit other than USD.

DEALINGS WITH ORGANISATIONS AND INDIVIDUALS

12.1. You acknowledge and agree that we shall not be liable for your interactions with any organisations and/or individuals on the Website or through the Services (including, but not limited to your dealings with Advertisers or Subscribers). This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organisations and/or individuals. These dealings are solely between you and such organisations and/or individuals.

12.2. If there is a dispute between participants on the Website (Subscribers and Advertisers), or between users and any third party, you understand and agree that we are under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.

DISPUTE RESOLUTION

13.1. Should a dispute arise between WowTurf on the one hand, and either a Subscriber or an Advertiser on the other, and WowTurf and the relevant party are unable to resolve such dispute, WowTurf will refer the dispute to an arbitration tribunal located in Jersey for resolution.

13.2. The Advertiser is not precluded from lodging a complaint directly with any arbitration tribunal located in Jersey.

13.3. The decision of the arbitration tribunal located in Jersey shall be final and binding on the parties to the dispute.

LIMITATION AND TERMINATION OF SERVICES

14.1. You acknowledge and agree that we may establish limits from time to time concerning use of the Services, including among others, the maximum number of days that Content will be maintained or retained by the Services, the maximum size of e-mail messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services or the Website.

14.2. You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Services. We reserve the right at any time to modify or discontinue the Services (or any part thereof) with or without notice and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

14.3. You acknowledge and agree that we, in our sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason or no reason at all, including, without limitation, if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website or the Services. Further, you agree not to attempt to use the Services after any such termination.

DISCLAIMER OF WARRANTIES

15.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

15.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

15.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES;

15.1.3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

15.1.4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;

15.1.5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR

15.1.6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES.

15.2. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR 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/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

SEVERABILITY

If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.

SUCCESSORS AND ASSIGNS

These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.

HOW TO CONTACT US

If you have any questions about these Terms or the Services, please contact us using the contact details set out under the “Contact Us” page on our Website.

Updated: V3 // 5-2021