Terms and Conditions

WELCOME to the Website startoptimize.com, which is provided by the Company MB “StartO” in order to enable Our Users to learn about and purchase certain products which may also be provided by Our Partners through affiliate and/or partnership agreements. The Website and the Brand “startOptimize” are operated by the company MB “StartO”. The Website created as a part of the Project named “startOptimize” with the Purpose of learning and sharing experience as well as teaching, coaching, advising and consulting about How to Optimize (make the best or most effective, transform and/or change) personal, professional and social life to find fulfillment in every aspect of “life” respectively optimizing performance, service, project or business – eliminate bad habits, change mindset, attitude and behavior, inspire and empower by practicing an advanced methods and tools helping to pursue “vision” and “goals” whether it is a “mission” of one person or family, team or company, community or society. Please read these Terms and Conditions carefully before using Our Service as it governs the use of this Service including the related Agreement.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of these Terms and Conditions in this Agreement:

“Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire Agreement between You and the Company regarding the use of the Service.
“Service” refers to the Service accessed and used through the Website – startoptimize.com.
“Company” refers to the Company MB “StartO” (collectively referred to as either “the Company”, “StartO”, “We”, “Us” or “Our”) – starto.lt
“User” refers to the individual, or the company, or other legal entity on behalf of which such individual (collectively referred to as either “User”, “You”, “Your” or “Their”) is accessing or using the Service.
“Products” refer to the Products or items offered for sale on the Service.
“Orders” mean a request by You to purchase the Products or items from Us.
“Partners” refer to other individuals and/or companies that We are bounded by affiliate or partnership agreements.
“Affiliate” is a business relationship wherein one company owns or controls (directly, or indirectly through one or more intermediaries) less than a majority stake in the other company’s stock.
“Project” refers to the Project named “startOptimize” including the Website startoptimize.com and relevant services, which is managed by StartO founders (further “startOptimize” or “the Project”).
“Account” means a unique account created for You to order and buy Products and/or Services or parts of the Service.
“Member” refers to the User who purchased product, service and/or membership in order to access the Service and/or parts of the Service.
“Content” refers to content such as text, photographs, videos or other images, data files, computer software, audio files or other sounds, or other information that can be posted, uploaded, linked to or otherwise made available to You and/or by You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cellphone or a tablet.
“Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. You must be over the age of 18 to be able to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

BY ACCESSING OR USING THE SERVICE THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES. YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO USE OF ANY SERVICES PROVIDED BY US THROUGH THE WEBSITE. We will notify You of any material changes by posting the updated Terms and Conditions on the Website.

The purpose of the website is to enable You to learn from the Project experience, knowledge and ideas as well as to submit Your comments, purchase products and sign up as a Member to receive additional information about products and/or services that may be of interest to You. You must comply with these Terms to grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the website for this purpose. In order to access certain portions of the Website, You may need to first create an Account and/or become a Member in case You wish to follow up and support this Project. When You create an account, We will collect certain information from You, which may include your payment information, as described in Our Privacy Policy.

You are responsible for maintaining the confidentiality of Your Account and for restricting access to it through Your digital Devices. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account. We cannot and will not be liable for any loss or damage arising from any unauthorized access to Your Account. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You must be 18 years or older to register for an account and make purchases. You may never use another person’s account without permission. We reserve the right to terminate Your Account, cancel any order, or to refuse, restrict, or discontinue service or access to the Website to You or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. You acknowledge and agree that if We disable access to Your account, You may be prevented from accessing the Service, Your account details, or any files or other content which is contained in Your Account. You are solely responsible for any breach of Your obligations under this Agreement and for the consequences including any loss or damage which we and/or You may suffer.

You agree that You will use the Service solely for Your own, non-commercial, personal use in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by Us on the Service as well as all information supplied by You to Us will be true, accurate, current and complete. You agree that You may, time to time, receive electronic communications as a notice from Us and You will review the latest updated version of this Agreement posted on the Website. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account. You agree that we retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability. You may not record, copy, distribute or otherwise transmit any live online classes, webinars and/or one-on-one sessions. You acknowledge and agree that Your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under Our control or in any way connected to the Service, shall be at Your sole risk and responsibility and We shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in Our sole discretion, such data to be in violation of this Agreement. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings. If You provide a phone number at the time You create an Account, You warrant and represent to Us that You are either the account owner of any phone numbers You provide to the Company, or You have the express permission of the Account holder to provide such phone numbers. You expressly consent that We may call or text to Your provided phone numbers and You also understand that consent to receive calls and text messages is not a requirement for Your use of the Website. You may revoke Your consent at any time. We do not warrant that our Product descriptions are 100% accurate, complete, reliable, current, or error-free. If a Product is not as described, Your sole remedy is to return it in unused condition for a full refund (to the extent that such Product is eligible for a refund), except where it is noted otherwise, the price displayed for Products is the full retail price. It does not include any applicable sales or other taxes that We may be required to collect. You agree that We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Service, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

You will not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any the Service applicable laws, regulations and international treaties. You will not use the Service for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material including links to such material that we deem to be objectionable whether or not such material is unlawful. You will not permit or otherwise enable unauthorized users to access and/or use the Service. You will not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You will not use the Service to export software or data in violation of applicable laws or regulations. You will not sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by Us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service. You will not remove any copyright, trademark, patent or other proprietary notices from the Service. You will not distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement. You will not exploit the Service or collect any data incorporated in the Service in any automated manner. You will not post hyperlinks to commercial services or websites. You will not impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent Your affiliation with a person or entity. You will not collect personal data about other users of the Service for commercial or any other purposes. You will not post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. You will not attempt to gain unauthorized access to Our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service. You will not make available Content that constitutes or contains “affiliate marketing”, “junk mail”, “spam” or unsolicited commercial advertisement, except to the extent such Content is provided to You by Us or one of our Partners for a purpose specifically authorized by Us in writing. You will not create or attempt to create multiple user accounts.

Access to the Service

We hereby give You a personal, worldwide, non-assignable and non-exclusive right to access and use the Service in the manner and for the purposes expressly permitted by the Agreement. We also hereby grant You a limited, revocable, and non-exclusive right to create a hyperlink to the Website or subdomains thereof so long as the link does not portray Us, Our Partners, or products or services provided by Us or Our affiliates in a false, misleading, derogatory, or otherwise offensive manner in Our sole judgment. You may not assign (or grant a sub-license of) Your rights to use the Service, grant a security interest in or over Your rights to use the Service, or otherwise transfer any part of Your rights to use the Service and any such attempt shall be null and void at the time of such attempt. We reserve all right, title and interest in and to the Service not expressly granted to You under this Agreement. There are no implied licenses under this Agreement. You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without Our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and We, in Our sole discretion, shall have the right to immediately terminate this Agreement.

Content

You understand that all information as a Content which You may have access to as part of, or through Your use of, the Service are the sole responsibility of the User from which such User Content originated. All such information is referred to as User Content. You acknowledge that User Content presented to You as part of the Service may be protected by intellectual property rights which are owned by the Company and/or Our Partners (or by other persons or companies on their behalf) that provide that User Content to Us. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this User Content (either in whole or in part) unless You have been specifically told that You may do so by Us or by the owners of that User Content, in writing. We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content. You understand that by using the Service You may be exposed to User Content that you may find offensive, indecent or objectionable and that, in this respect, You use the Service at Your own risk. You agree that You are solely responsible for (and that We have no responsibility to You or to any third party for) any User Content that You create, transmit or display while using the Service and for the consequences of Your actions (including any loss or damage which we may suffer) by doing so. Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that the Content is Yours or You have the right to use it and grant Us the rights and license as provided in these Terms, and the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The Company is not responsible for the Content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content.

The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by Users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit through the Service.

Copyright Policy

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Us via email info@startoptimize.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate the material.
Contain adequate information by which We can contact You: address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe a copyright is being infringed by a User of the Website, please provide written notice to Us for notice of claims of copyright infringement by email mentioned above. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You understand and agree that We own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Website, including the features, materials, opportunities and services made available on or through the Website, and all information (text, data, graphics, images, sound recordings, audio and visual clips, logos, software and all other materials) contained therein, and the compilation, collection, design, selection and arrangement thereof as the Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties, and that You acquire no ownership interest by accessing and using the Website and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of Us or Our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of Us, except as indicated within these terms. All StartO brands are trademarks of StartO and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of StartO or its Partners, affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without Our prior written permission. Other trademarks, product names and company names and logos displayed on the Website are the property of their respective owners as Our Partners.

Rights You grant to Us

You retain copyright and any other rights You already hold in User Content which You submit, post or display on or through, the Service. By submitting, posting or displaying User Content, You give us a worldwide, perpetual, fully sublicensable, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit any User Content which You submit or post on or through the Service in any manner or media whatsoever, now known or hereafter developed. By participating in any public forums made available in connection with the Service (including, without limitation, e-courses, conference calls, webinars, online interactive offerings, etc.), You give Us a right to record You by all means of video and/or audio recording technology as well as edit and use any such recordings (collectively, “Recordings”) along with Your name, video, photographs, and likenesses, in connection with the Service and Our general business purposes, and all ancillary and subsidiary uses thereof, and all advertising and publicity therefor, and to exploit the Recordings and the public forum features and the Service in any and all manner and media now known or hereafter devised, throughout the world, in perpetuity. You agree that We may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid up, royalty free license to use the feedback you provide to Us in any way. StartO appreciates Your interest, but We ask that You never submit an idea, suggestion, or information that You consider to be confidential and/or proprietary. If You choose to ignore this request and submit any ideas, suggestions, and/or information, please be aware that, except with respect to Your personally identifiable information (which is governed by our Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to Us by You through the Website (collectively, “Suggestions”) shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of StartO. You understand and acknowledge that StartO employs individuals and resources which may have already developed or may in the future develop ideas, concepts, and other information identical or similar to the Suggestions, and that StartO is only willing to consider the Suggestions on these terms. You acknowledge and agree that StartO assumes no obligation of confidentiality or nondisclosure, express or implied by considering the Suggestions. Without limitation, StartO shall exclusively own, and You hereby irrevocably transfer and assign to StartO, all now known or hereafter existing rights in and to the Suggestions, and StartO shall be entitled to unrestricted use of the Suggestions for any purpose whatsoever, commercial or otherwise, without any form of compensation whatsoever. You agree that We are not responsible for protecting and enforcing any intellectual property rights granted by You to Us in connection with this Agreement and that We have no obligation to do so on Your behalf. Without limitation of the foregoing, in connection with User Content that You submit, post or display via the Service, You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use such User Content in the manner contemplated by the Service and this Agreement. You further agree that You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have written permission from their rightful owner to post the material and to grant Us all of the license rights granted herein. You understand that We may transmit or distribute Your User Content over various public networks and in various media as well as make changes to Your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Us to take these actions. You represent and warrant to Us that You have all the rights, capacity, power and authority necessary to grant all of the above licenses.

Placing Orders for Products and Payment

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts. If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order and that the information You supply to Us is true, correct and complete. By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to Products availability, errors in the description or prices for Products, errors in Your Order. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. Any Products you purchase can only be returned or refunded in accordance with these Terms and Conditions. We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Products on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. Payment can be made through various payment methods We have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods such as PayPal. Payment cards are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Release, Indemnification and Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these countries, each party’s liability will be limited to the greatest extent permitted by law. You agree to release, indemnify and hold harmless Us and/or Our Partners, affiliates and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to (i) Your use or misuse of, or reliance upon, the Service, (ii) Your violation of this Agreement or rights of another, (iii) the Recordings, and/or (iv) any User Content you make available through the Service. For the avoidance of doubt, this section shall survive the termination of this Agreement.

“AS IS” and “AS AVAILABLE” Disclaimer

NO WARRANTIES. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

DISCLAIMER OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE DIRECTLY OR INDIRECTLY FROM: (i) THE USE OR MISUSE OF, OR RELIANCE UPON, THE SERVICE PROVIDED HEREUNDER; (ii) THE INABILITY TO USE THE SERVICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, OR DESTRUCTION; (iii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE; OR (iv) THE DELETION AND/OR CORRUPTION OF ANY DATA, INFORMATION, DOCUMENTS, FILES AND/OR ANY OTHER MATERIALS STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED TO THE SERVICE. SUCH LIMITATION ON LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Governing, Disputes Resolution, Severability and Waiver

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You will benefit from any mandatory provisions of the law of the country in which You are resident in. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Term and Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. This Agreement is effective until terminated by Us or You. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to You. The licenses granted herein by Us shall automatically terminate without advance notice if You fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting Your User Account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, You shall immediately cease using the Service.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service. We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time with or without notice. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by Us. From time to time, We may post on the Service or otherwise notify You of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If You use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, You are agreeing to follow and be bound by them for such use.

This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.

Terms and Conditions updated on 01.04.2023