Myk Baxter Marketing Ltd

{Myk Baxter Marketing Ltd}{43 Berkeley Square, Mayfair}{London}{W1J 5FJ}{London}{United Kingdom}{ 44 (0) 20 3239 6647}
43 Berkeley Square, Mayfair W1J 5FJ London, London
Phone: 44 (0) 20 3239 6647
Terms of Use

+44 (0) 20 3239 6647


+44 (0) 1325 271 600

Terms of Use

Last updated on Tuesday, March 4th, 2016


These Terms of Use constitute an agreement among you (“you”, “your”, “User”) and the operator of this website (the “Site”); and the owner of the Software Platform (the “Site Owner”, “we” or “us”). Please read these Terms of Use carefully to be sure that you understand them. By viewing, accessing, using or browsing the Site, or by registering as a member of the Service (as defined herein), you agree to these Terms of Use as a binding legal agreement between you and us, without limitation or qualification.


1. Application of these Terms of Use

The Site is a suite of tools to assist managing the User’s social media accounts (the “Service”).


These Terms of Use apply to any and all use of the Site or the Service, the purchase of any products or services on the Site, and any and all postings, emails, messages and other communications made to or using the Site.


2. Access

We grant you permission to access and use the Site in accordance with these Terms of Use. No other use is permitted. Access to the Site is permitted within our sole discretion, and we reserve the right to withdraw or amend the Service or the Site, or any other products or services offered on the Site, with or without notice. Any rights not expressly granted herein are reserved.


You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and that they comply with them.


3. Information

We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and Privacy Policy and you warrant that all data provided by you is correct. You acknowledge that although we strive to maintain the necessary safeguards to your personal data, we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.


4. Eligibility

You must be eighteen (18) years old or over to register as a User of the Service or to otherwise utilize the Service or the Site.


5. Registration and Subscription

Although you may register as a User of the Service for free, if you wish to use certain other features of the Service, you must subscribe for the Service and pay the fees that are set out in the price list located within the Site. Your agreement to subscribe for any additional features shall be referred to herein as your “Subscription”.


We may from time to time run special offers or promotions. If you qualify for any special offer or promotion then the value of such special offer or promotion will be deducted from the cost of your Subscription for the initial Subscription period. Offer codes can only be used when paying online with a credit or debit card. When such offer or promotion expires, the standard rate will apply to any subsequent automatic payments.


For your convenience, we will automatically renew your Subscription when your current term comes to an end. If you wish to cancel your Subscription you can do so at any time. This can be done by logging onto the Site via a desktop or tablet device and selecting “Choose Plan” from the drop down menu (top right) to access an online cancellation facility. We will cancel your Subscription with immediate effect.


When your current Subscription period expires, your Subscription will automatically be renewed for the same Subscription term that you originally purchased, e.g. every one, three, six or twelve months, and at the same price as the price that you paid for your original Subscription. Renewal costs are fixed at your original Subscription price, meaning that your Subscription fees will not increase for the duration of your Subscription, despite any overall price changes that we may make. You will be billed for your renewal when your current Subscription term expires.


You agree to keep your username and password (“Login”) confidential at all times, to take reasonable steps to prevent others from obtaining your Login, and to log off from your account at the end of each session. You also agree to us immediately if at any point you consider that your Login has been compromised and/or is being misused, and to take such action as is required and/or is requested by us to prevent such compromise or misuse. We reserve the right to disable any Login, whether chosen by you or allocated by us at any time, if in our opinion you have failed to comply with these Terms of Use.


You are responsible for all fees relating to activities conducted using your Login prior to the time that you notify us of any unauthorized use of your Login. We shall not be liable for any loss or damage arising from your failure to comply with these provisions.


6. Credit Card Chargeback Policy

We take certain measures to protect our business and help the online community, including credit card processors, banks and other institutions, combat fraud, including fraudulent charge reversal requests (chargebacks).


A “chargeback” occurs when a credit card holder disputes a credit card charge with a credit card processor, bank or similar institution. A fraudulent chargeback occurs when the holder attempts to dispute or reverse a charge for services that they have actually purchased.


In the event of any claim that your credit card has been used without your permission or any other fraudulent use of your credit card, we will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site including details of email notifications and any IP addresses that have been used to access your account.


Attempting to dispute or reverse a valid credit card charge is fraudulent and illegal. Any such fraudulent chargebacks may result in legal action toward you, which can lead to prosecution, fines and impairment of your credit rating.


7. Termination

These Terms will remain in full force and effect while you are a member of the Service.


You may terminate your Subscription with us before your next renewal date. Cancellation may only be requested by completing the online cancellation process on the Site. This can be done by logging onto the Site via a desktop or tablet device and selecting “Choose Plan” from the drop down menu (top right) to access an online cancellation facility. A request for cancellation under this clause does not give rise to a refund for any unused amounts of Subscription fees paid.


8. Credits

Downgrading your account to a lower price plan may make you eligible for a Credit. Credits will be exhausted before your card is charged again at the lower price plan.


9. Proprietary Rights

You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property rights and other laws, and may not be used except as provided in these Terms of Use. You further acknowledge and agree that all copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore (“Intellectual Property Rights”) in the Site belong to and vest in the Platform’s Owners unless otherwise specified. All such rights of the Platform Owners are hereby asserted and reserved.


By way of example and without limitation, you shall not:

  • use any or all of the Site or the information contained therein for any purpose other than the permitted use set out in these Terms of Use or hack, attempt to hack, distribute, modify, transmit, re-use, or re-post the same for any reason;
  • display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party;
  • modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information;
  • process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly; or
  • remove or obscure any copyright notices and other proprietary notices contained on the Site.

10. Conduct

You agree not to use the Site for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Site, the Service or any other products or services to our members, or damages our property. You agree that your use of the Site and the Service is subject to all applicable local, state, national and international laws and regulations. You also agree:

  • to comply with US law and local laws or rules regarding online conduct and acceptable Content, and regarding the transmission of technical data exported through the Site from the US or the country in which you reside;
  • not to host, submit Content to or use the Site or the Service if you are under the age of 18;
  • not to commit any acts of infringement on the Site or with respect to content on the Site;
  • not to “stalk” or otherwise harass any person;
  • not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
  • not to interfere with or damage the Site or the Service through, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site; and
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites.

Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated, and appropriate legal action will be taken at our sole discretion, including without limitation, civil, criminal, and injunctive redress.


You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Service will cease immediately.


Although we cannot monitor the conduct of our Users off the Site, it is also a violation of these Terms of Use to use any information obtained from the Service in order to harass, abuse, or harm another person.


11. Safety

Your use of the Site and Service is entirely at your own risk. You should exercise caution in evaluating what you see when involved in social media communication with people who are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal. Certain tools, such as the Trending Content tool, represent what is Trending on Social Media at that time and you acknowledge that we have no control over this content and it could be of an adult, or offensive nature.

Your use of the Site and Service is entirely at your own risk. You should exercise caution in evaluating what you see when involved in social media communication with people who are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal. Certain tools, such as the Trending Content tool, represent what is Trending on Social Media at that time and you acknowledge that we have no control over this content and it could be of an adult, or offensive nature.


12. Social Content

In utilizing the Site and/or the Service, you are able to post, upload, transmit, display, publish, distribute, or otherwise submit material to social media accounts that you have connected (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, photos, audio files, and text (collectively, “Content”). You agree not to Submit any Content that:

  • contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • ontains sexually explicit language, pictures or other materials;
  • is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; hatred or physical harm of any kind against any group or individual, such as Content that promotes racism, bigotry, obscenity, or discrimination;
  • contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, poems, text, or other content) without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
  • constitutes, promotes or encourages illegal acts (including without limitation prostitution or solicitation), the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;
  • expresses or implies that any statements you make are made or endorsed by us;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personally identifying information for commercial or unlawful purposes from other users; or
  • is not otherwise in compliance with these Terms of Use.

The foregoing is a partial list of the kind of Content that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this Section or any other provision of these Terms of Use, including without limitation removing the offending Content directly from your social media account, where we have access. We reserve the right to terminate the violator’s access to the Site and/or Service, and contacting and disclosing information to the relevant authorities.


We reserve the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Content that we believe, in its absolute and sole discretion, may violate these Terms of Use.


You are solely responsible for the Content that you Submit to your social media accounts. We will not be responsible, or liable to any third party, for the content, accuracy or legality of any Content posted via the Service. We reserve the right to disclose your identity to any third party who claims that any Content posted by you via the Service constitutes a violation of their Intellectual Property Rights, their right to privacy, or any other rights.


By posting Content via the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, disclose and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing for all purposes connected to operating and promoting the Site and the Service.


13. Training Emails

By using the Service you agree to allow us to send you a series of tailored Social Media Training emails. These emails will be informational and provide information allowing you to maximize your benefit from the Service. Each email contains a link allowing you to opt out of receipt of training emails or control the email frequency.


14. Links; Advertisers.

From time to time you may be offered links to third party advertisers. The websites linked are not necessarily under our control and we are not responsible for the content of any linked site or any link contained in a non-affiliated link. We reserve the right to terminate any link or linking program at any time. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked from the Site, you do so entirely at your own risk. Any links from any portion of the Site shall be the responsibility of the linking party, and we shall not be responsible for notification of any change in name or location of any information on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE THAT IN NO EVENT SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY DEALINGS WITH SUCH ADVERTISERS.


15. Our Responsibilities

We will operate the Site with the reasonable skill and care of an online service provider.


We will use commercially reasonable efforts to maintain the operation of the Site, however, we may need to temporarily suspend operation of the Site or the Service from time to time for operational reasons (e.g. for repairs, planned maintenance or upgrades). We shall use commercially reasonable efforts to restore the operation of the Site and the Service as soon as reasonably possible after any suspension.


We reserve the right to make changes to the Site and/or the Service from time to time.


16. Disclaimers of Warranties

We do not make any representation, warranty or guarantee regarding the accuracy of any Content appearing on or transmitted via the Site, the Service, or the products and services listed by others on or through the Site and/or the Service. We advise you to verify all such information and offerings independently. We make no representation or warranty as to the quality, reliability or authenticity of any service provider or any third party appearing on or through the Site or Service, and are not responsible or liable for any acts or omissions committed by such third parties.


THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES, THE SITE OWNER AND OTHERS INCLUDED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE, ITS CONTENT, OR THE SERVICE, AND THE PRODUCTS AND SERVICES OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE SITE IS UP-TO-DATE, ACCURATE, RELIABLE OR COMPLETE, OR THAT ANY PROFILE ON THE SITE IS AUTHENTIC, AND YOU SHOULD NOT RELY ON OR ASSUME THE ACCURACY OR AUTHENTICITY OF ANY SUCH CONTENT. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE.


17. Limitations of Liability

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.


THE SITE OWNER, NOR ANY AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPRESENTATIVES OR ASSOCIATES OF THE FOREGOING SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY, INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR EMOTIONAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, THE CONDUCT OF ANY MEMBER OR ANY INTERACTIONS BETWEEN MEMBERS OR USERS OF THE SITE (WHETHER OFFLINE OR ONLINE), OR WITH ANY DELAY OR INABILITY TO USE THE SITE OR SERVICE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT, HAVE BEEN ADVISED, OR HAVE NOTIFIED US OF THE POSSIBILITY OF ANY SUCH DAMAGES


WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.


TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OR ANY AGENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR OTHER REPRESENTATIVES OF THE FOREGOING BE LIABLE FOR: (A) ANY LOSSES OR DAMAGES IN EXCESS OF THE GREATER OF (I) THE AMOUNT OF SUBSCRIPTION OR OTHER FEES ACTUALLY PAID BY YOU WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (II) THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.


YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION, “LIMITATIONS OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT OR SERVICE TO YOU. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.


THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.


18. Modifications and Amendments

We may modify or amend these Terms of Use at any time with or without prior notice. Except with respect to Subscription fees as discussed above, such alterations or amendments shall be effective upon posting of the modified or amended Terms of Use on the Site. You hereby acknowledge and agree that each visit you make to the Site shall be subject to the then-current Terms of Use, and continued use of the Site or Service following any modification or amendment of the Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications or amendments.


19. Indemnification

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE SITE OWNER, AND ANY PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, OTHER REPRESENTATIVES AND CUSTOMERS OF THE FOREGOING (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, KNOWN AND UNKNOWN, INCLUDING ATTORNEY’S FEES AND COSTS (COLLECTIVELY, “LOSSES”) INCURRED BY ANY OF THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM: (A) ANY BREACH OR ALLEGED BREACH BY YOU OF YOUR REPRESENTATIONS OR WARRANTIES OR THESE TERMS OF USE; (B) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION BY YOU OF ANY PROPRIETARY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER RIGHTS OF ANY PARTY; (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE, REGULATION OR ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION OR FRAUD ENGAGED IN BY YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR CONDUCT OR USE OF THE SITE OR THE SERVICE; (F) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER MEMBER OR USER OF THE SITE OR SERVICE; (G) ANY ACT OR OMISSION BY YOU WITH REGARD TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE ACTUAL OR ALLEGED COMMISSION OF ANY CRIMINAL ACTIONS OR TORTS. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT THE SITE OWNER, THE INDEMNIFIED PARTIES, OR ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING MAY BE ENTITLED TO OR ASSERT.


You also agree to cooperate as fully as reasonably required in the defense of any claim under this section and allow us to assume the exclusive defense and control of such matter at our discretion.


20. Jurisdiction, Applicable Law, and Limitations

As a global platform we have decided that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding that body of law applicable to conflicts of law. We make no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that any suit, action or proceeding arising out of or relating to these Terms of Use shall be instituted only in a Delaware state or federal court sitting in the State of Delaware, United States of America within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding. All parties to any such suit, action or proceeding must be individually named.


There shall be no right or authority for any dispute to be litigated on a class action or consolidated basis or on bases involving disputes brought in a purported representative capacity on behalf of the general public (such as a private attorney general) or other similarly situated persons unless the statute under which you are suing provides otherwise. All parties waive any claim to indirect, consequential, punitive, exemplary or multiplied damages arising out of any dispute with us unless the statute under which they are suing provides otherwise.


21. Copyright Complaints

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any Content or other material hosted by the Site infringes your copyright, you (or your agent) may send us a notice requesting that such Content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the Content or other material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


We reserve the right to terminate the account or Subscription of any member who we believe has infringed the rights of others under United States copyright law.


Please note that you may be liable for damages (including attorney’s fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third party for publication and annotation. This contact information is only for reporting copyright infringement.


22. General

If we do not enforce any provision of these Terms of Use, such will not be considered a waiver of any provision or right.


In the event that any part of these Terms of Use is held to be invalid or unenforceable, at our option such part will be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.


These Terms of Use, the Privacy Policy and the price lists for Subscriptions contained on the Site constitute the entire agreement between you and us with respect to your use of the Site and/or the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect thereto.


It is hereby asserted that the Site and the Service are intended for and directed at the United States and no representation or warranty is made as to whether the Site or the Service complies with the regulatory regime and local laws of any other countries.

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