Modern Mystic Press provides this Web site. If you have any questions
regarding the Web site or these Terms and Conditions, please get in touch with
us at support@modernmysticpress
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR
CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Modern
Mystic Press AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY
BINDING ARBITRATION, AND YOU AND MODERN MYSTIC PRESS WAIVE ANY RIGHT TO
PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
1.1. Definitions.
References to “Dispute” mean any claim, conflict, controversy, disagreement
between the Parties arising out of, or related in any way to, these Terms (or
any Terms, supplement, or amendment contemplated by these Terms,) including,
without limitation, any action in tort, contract or otherwise, at equity or
law, or any alleged breach, including, without limitation, any matter
concerning the meaning, effect, validity, performance, termination,
interpretation or enforcement of these Terms or any Terms contemplated by the
Terms.
References to “Material Breach” mean any breach of these Terms upon the
occurrence of which a reasonable person in the position of the non-breaching
Party would wish to terminate these Terms because of that breach immediately.
References to the “Terms” and “Agreement” mean these Terms and Conditions as
set forth herein.
References to “us,” “we,” “our,” and/or “Modern Mystic Press” mean Three
Weavers Publishing, a limited liability company registered to do business in
the state of New Mexico
References to the “Web site” mean the Websites bearing the URL:
www.softlifepress.com and any other Websites owned and operated by us under the
Fritzen Publishing brand.
References to “you” and/or “User” mean the Web site user.
1.2. Agreement to be Bound.
The following Terms and Conditions, together with the relevant information set
out on this Web site, including any features and services available, such as
RSS feeds, podcasts, video and photographs, publications, and other materials,
are subject to the Terms and Conditions set forth below. Please read them
carefully as any use of this Web site constitutes an agreement, without
acceptance, to be bound thereby by the User. By using the Web site, you
represent that you are at least eighteen (18) years old (or have the consent of
your parent or guardian,) have read and understand the Terms and Conditions,
and that you agree to be bound by these Terms and Conditions as set forth below.
These Terms and Conditions are subject to the Privacy Policy and specialized
Terms of Service or Use for the Service for Registered Users.
SECTION II: GENERAL PROVISIONS
2.1. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Web site is not
accurate, complete or current. You acknowledge that the Web site is provided
for general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. You acknowledge further that
any reliance on the Web site is at your own risk.
2.2. Errors in Web Site.
We do not warrant that any errors in the Web site will be corrected.
2.3. Modifications and Changes to Terms and Conditions.
We may modify, add to, suspend or delete these Terms and Conditions or other
agreements, in whole or in part, in our sole discretion at any time, with such
modifications, additions or deletions being immediately effective upon their
posting to the Web site. Your use of the Web site after modification, addition
or deletion of these Terms and Conditions shall be deemed to constitute
acceptance by you of the modification, addition or deletion.
2.4. Modifications and Changes to the Web Site.
We may modify, add to, suspend, or delete any aspect of this Web site offered
by us, in whole or in part, at our sole discretion at any time, with such
modifications, additions or deletions being immediately effective. Such modifications,
additions or deletions may include but are not limited to content offered,
hours of availability, and equipment needed for access or use.
2.5. Access to Web site.
Though we try to make the Web site available twenty-four (24) hours a day,
seven (7) days a week, except for planned down-time for maintenance, we do not
warrant that the Web site will be at all times available.
We do not warrant that your computer, tablet, and/or smartphone will be able to
access and/or support the Web site.
2.6. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Web site any reason at
any time in our sole and exclusive discretion.
2.7. Prohibited Uses of Web site.
In addition to the other restrictions on use set forth herein, you agree and
acknowledge that you shall not use the Web site: (a) for any unlawful purpose;
(b) to solicit Users to perform or participate in any unlawful acts or to
engage in acts that are unrelated to the purpose(s) of the Web site; (c) to
violate any international, governmental, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Web site; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Web site. We reserve the right to terminate your use
of the Web site for violating any of the prohibited uses or for any other
reason in our sole and exclusive decision.
SECTION IV: INTELLECTUAL PROPERTY; PRIVACY
3.1. Intellectual Property Rights Not Waived.
This is an agreement for access to and use of the Web site, and you are not
granted a license to any software or intellectual property by these Terms and
Conditions. The Web site is protected by U.S. and, where applicable,
international intellectual property laws. The Web site belongs to us and is the
property of us or our licensors (if any). We retain all ownership rights in the
Web site.
Furthermore, all material displayed or transmitted on this Web site, including
but not limited to text, photographs, images, illustrations, video clips, audio
clips, and graphics, (from now on “Materials,”) are owned by us and our
licensors and are protected by the U.S. and international copyright,
trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided these Terms and Conditions, you may not copy, reproduce,
publish, transmit, transfer, sell, rent, modify, create derivative works from,
distribute, repost, perform, display, or in any way commercially exploit the
Materials carried on the Web site, nor may you infringe upon any of the
copyrights or other intellectual property rights contained in the Materials.
You may not remove, alter, or cause to be removed or altered any copyright,
trademark, or other proprietary notices, visual marks, or logos from the
Materials.
You may make a single print copy of any Materials provided by us on this Web
site for personal, non-commercial use only, provided that you do not remove nor
cause to be removed any copyright, trademarks, or other proprietary notices or
visual marks or logos from the Materials. You may not archive or retain any of
the Materials accessed on this Web site without our express written permission.
All requests for archiving, republication or retention of any part of the
Materials must be in writing to us and clearly state the purpose and manner in
which the Material will be used. Requests for permission to archive, retain, or
republish any part of the Materials may be submitted to
support@fritzenpublishing.com.
You acquire no rights or licenses whatsoever in the Materials other than the
limited rights to use the Web site in accordance with these Terms and. Any
materials accessed or downloaded from this site must be accessed or downloaded
per the Terms and Conditions specified in this Agreement. We reserve any rights
not expressly granted under these Terms and Conditions.
3.2. Feedback.
You may have the opportunity to provide reviews, suggestions, ideas, and
feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such
Feedback you grant us sole ownership of the same, which includes, without
limitation, the right for us or any Third Party we designate, to use, copy,
transmit, excerpt, publish, distribute, publicly display, publicly perform,
create derivative works of, host, index, cache, tag, encode, modify and adapt
(including without limitation the right to adapt to streaming, downloading,
broadcast, mobile, digital, thumbnail, scanning or other technologies) in any
form or media now known or hereinafter developed. All such Feedback shall be
treated as non-confidential.
If it is determined that you retain moral rights (including rights of
attribution or integrity) in the content submitted by you, you hereby declare
that (a) you do not require that any personally-identifying information be used
in connection with the content, or any derivative works of or upgrades or
updates thereto; (b) you have no objection to the publication, use,
modification, deletion and exploitation of the content by us or our licensees,
successors and assigns; (c) you forever waive and agree not to claim or assert
any entitlement to any and all moral rights of an author in any of the content;
and (d) you forever release us, and our licensees, successors and assigns, from
any claims that you could otherwise assert against us by virtue of any such
moral rights. You also permit any other User to access, view, store or
reproduce the content for that User’s personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may
contain concepts, ideas, materials, proposals, suggestions and the like
relating to Modern Mystic Press or its initiatives, (hereinafter your “Ideas.”)
With respect to your Ideas you acknowledge that: (a) we receive numerous
submissions from many parties and/or may have independently-developed and/or
considered ideas similar to your Ideas, and that our review of your Ideas is
not an admission of novelty, priority or originality; and (b) our use of any
ideas similar to your Ideas, whether based on your Feedback or Submissions,
provided to us by Third Parties, or independently-developed or considered by
us, shall be without obligation to you.
3.3 Grant of License in Samples.
We may from time to time grant copies of sample products (such as pages from
our adult coloring books) to reviewers and other Users. In such an event, said
User is granted a limited, revocable right and license to use said sample
product only and obtains no ownership or any other rights therein to copy,
reproduce, publish, transmit, transfer, sell, rent, modify, create derivative
works from, distribute, repost, perform, display, or in any way commercially
exploit the sample product absent our written permission.
3.4. Rights in User Submissions.
Should you submit, display, publish or otherwise post any content to our social
media pages or otherwise share with us your use of our products (such as a
completed page from one of our adult coloring books) (hereinafter
“Submissions,”) you agree to grant to us and our partners and affiliates a
limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free
license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Submissions in any and all media now known or hereinafter
developed for hosting, indexing, caching, distributing, tagging, marketing, and
for all other lawful purposes without the requirement to make payment to or
seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and
all Submissions and otherwise have the right to grant the license set forth
herein, and the displaying, publishing or posting of any Submissions does not
and will not violate the privacy rights, publicity rights, copyrights,
trademark rights, patents, contract rights or any other intellectual property
rights or other rights of any person or entity.
SECTION IV: Third-Party Advertisements, Promotions, and Links
4.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from Third Parties
on the Web site. Your dealings or correspondence with, or participation in
promotions of, advertisers other than us, and any terms, conditions, warranties
or representations associated with such dealings, are solely between you and
such Third Party. We are not responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
presence of Third-Party advertisers on the Web site.
4.2. Use of Third-Party Tools.
We may provide you with access to Third-Party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional Third-Party tools.
Any use by you of optional tools offered through the Web site is entirely at
your own risk and discretion, and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant
Third-Party provider(s).
We may also, in the future, offer new services and/or features through the
Web site, including but not limited to the release of new tools. Such new
features and/or services shall also be subject to these Terms and Conditions.
4.3. Third-Party Links.
Certain content, products and services available via our Web site may include
materials from Third-Parties.
Third-Party links on the Web site may direct you to Third-Party Web sites
and/or services that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy, and we do not warrant and will
not have any liability or responsibility for any Third-Party materials or Web
sites, or for any other materials, products, or services of Third-Parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any Third-Party with whom you connect via the Web site. Please
review carefully the Third-Party’s policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding Third-Party products should be directed to the
Third-Party.
SECTION V: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
5.1. Disclaimer of Warranty; Limitation of Liability.
(A) YOU AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER US nor our
AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES,
CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND
LICENSORS WARRANT THAT THE use of the Web site SHALL BE UNINTERRUPTED OR ERROR
FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION PROVIDED.
(B) ANY INFORMATION PROVIDED VIA THE WEB SITE, DOWNLOADABLE SOFTWARE, PRODUCTS,
SAMPLES, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE IS
BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESS NOR
IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE
WEB SITE.
(D) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS,
OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS,
THIRD-PARTY CONTENT PROVIDERS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR
ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT
NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES,
EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury
or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA,
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS
TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB
SITE YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU
DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE.
(F) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND
ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS,
SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT
OF FEES PAID TO US BY YOU FOR THE PURCHASE OF OUR Modern Mystic Press PRODUCTS
IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B)
ONE HUNDRED U.S. DOLLARS AND NO/CENTS ($100.00,) WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us
and our affiliates, directors, officers, members, employees, contractors,
parents, subsidiaries, agents, third-party content providers, licensors, and
any purchasing person or entity in the event that we are sold, in whole or in
part, and/or restructured.
5.2. INDEMNIFICATION.
You agree to defend, indemnify and hold us harmless, as well as our AFFILIATES
AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS,
PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS from
and against all claims, SUITS, and expenses, including attorneys’ fees, arising
out of OR RELATED TO (a) YOUR USE OF THE WEB SITE AND/OR; (B) your
noncompliance with or breach of this Agreement; (C) your use of third-Party
SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF
ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or
(E) the unauthorized use of the Web site by any other person using your
information.
SECTION VI: GOVERNING LAW; ARBITRATION
6.1. Governing Law.
These Terms and Conditions shall be governed and construed in accordance with
the laws of the state of Delaware without regard to its conflicts of law
provisions. You agree to submit to the personal jurisdiction of the courts
located in Albany County, New York, and any cause of action that relates to or
arises from these Terms and Conditions and/or the Web site must be filed
therein unless subject to the binding arbitration provisions of Section 6.2,
infra.
6.2. Arbitration.PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY
REQUIRE YOU AND MODERN MYSTIC PRESS. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN
US THROUGH BINDING INDIVIDUAL ARBITRATION.
You and Modern Mystic Press agree that all claims and disputes (whether
contract, tort, or otherwise), including all statutory claims and disputes,
arising out of or relating to these Terms or the use of the Web site that
cannot be resolved in small claims court will be resolved by binding
arbitration on an individual basis, except that you and Modern Mystic Press are
not required to arbitrate any dispute in which either party seeks equitable
relief for the alleged unlawful use of copyrights, trademarks, trade names,
logos, trade secrets, or patents. To be clear: The phrase “all claims and
disputes” also includes claims and disputes that arose between us before the
effective date of these Terms.
The Federal Arbitration Act governs the interpretation and enforcement of
this dispute-resolution provision. Arbitration will be initiated through the
American Arbitration Association (“AAA”) and will be governed by the AAA
Consumer Arbitration Rules, as of the date of these Terms, or by calling the
AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties
will select an alternative arbitral forum. The rules of the arbitral forum will
govern all aspects of this arbitration, except to the extent those rules
conflict with these Terms. The arbitration will be conducted by a single
neutral arbitrator. Any claims or disputes where the total amount sought is
less than $10,000 USD may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief. For claims or disputes
where the total amount sought is $10,000 USD or more, the right to a hearing
will be determined by the arbitral forum’s rules. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction.
If non-appearance arbitration is elected, the arbitration will be conducted
by telephone, online, written submissions, or any combination of the three; the
specific manner will be chosen by the party initiating the arbitration. The
arbitration will not involve any personal appearance by the parties or
witnesses unless the parties mutually agree otherwise.
If you choose to arbitrate with Modern Mystic Press, you will not have to pay
any fees to do so. That is because Modern Mystic Press will reimburse you for
your filing fee and the AAA’s Consumer Arbitration Rules provide that any
hearing fees and arbitrator compensation are our responsibility. To the extent
another arbitral forum is selected, Modern Mystic Press will pay that forum’s
fees as well.
The arbitrator will decide the jurisdiction of the arbitrator and the rights
and liabilities, if any, of you and Modern Mystic Press The dispute will not be
consolidated with any other matters or joined with any other cases or parties.
The arbitrator will have the authority to grant motions dispositive of all or
part of any claim or dispute. The arbitrator will have the authority to award
monetary damages and to grant any non-monetary remedy or relief available to an
individual under law, the arbitral forum’s rules, and the Terms. The arbitrator
will issue a written award and statement of decision describing the essential
findings and conclusions on which the award is based, including the calculation
of any damages awarded. The arbitrator has the same authority to award relief
on an individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and Modern Mystic Press.
YOU AND Modern Mystic Press WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO
GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Modern
Mystic Press are instead electing to have claims and disputes resolved by
arbitration. Arbitration procedures are typically more limited, more efficient,
and less costly than rules applicable in court and are subject to very limited
review by a court. In any litigation between you and Modern Mystic Press over
whether to vacate or enforce an arbitration award, YOU AND Modern Mystic Press
WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be
resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST
BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however,
this waiver of class or consolidated actions is deemed invalid or
unenforceable, neither you nor we are entitled to arbitration; instead all
claims and disputes will be resolved in a court as set forth in Section 6.1.
Any rights and limitations set forth in this arbitration agreement may be
waived by the party against whom the claim is asserted. Such waiver will not
waive or affect any other portion of this arbitration agreement.
You may opt out of this arbitration agreement. If you do so, neither you nor Modern
Mystic Press can force the other to arbitrate. To opt out, you must notify Modern
Mystic Press in writing no later than thirty (30) calendar days after first
becoming subject to this arbitration agreement. Your notice must include your
name and address, your Modern Mystic Press username and the email address you
used to set up your Modern Mystic Press account (if you have one), and an
unequivocal statement that you want to opt out of this arbitration agreement.
You must either mail your opt-out notice to this address: Modern Mystic Press,
ATTN: Arbitration Opt-Out, 7 Avenida Vista Grande
Ste B7 PMB 1229 Santa Fe, NM or email the opt-out notice to support@modernmysticpress
Notwithstanding the foregoing, either you or Modern Mystic Press may bring an
individual action in small claims court.
This arbitration agreement will survive the termination of your relationship
with Modern Mystic Press.
SECTION VII: MISCELLANEOUS
7.1. Affiliate Disclosure.
We may have an affiliate relationship with Third-Parties and affiliates to
whose products we link and promote through the Web site, including but not
limited to Amazon Services LLC. Because of this relationship we may earn a
commission on products purchased by a User from a Third-Party affiliate.
7.2. Different and Conflicting Terms.
We reserve the right, but assume no obligation, to agree to different or
conflicting terms and conditions with respect to any User. Any such terms and
conditions will not be enforceable unless specifically agreed to by us.
7.3. Authority.
Each Party represents and warrants to the other that it has full power and
authority to enter into this Agreement and that it is binding upon such Party
and enforceable in accordance with its Terms.
7.4. Waiver.
Any waiver of a right under these Terms and Conditions shall only be effective
if agreed or declared in writing. A delay in exercising a right or the
non-exercise of a right shall not be deemed a waiver and shall not prevent a
Party from exercising that right in the future. The rights and remedies herein
provided are cumulative and not exclusive of any rights and remedies provided
by law.
7.5. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a
consequence of Acts of God or force majeure, including but not limited to
measures taken or imposed by any government or public authority or in case of
any other event beyond the control of us, including but not limited to natural
disasters (such as storm, hurricane, fire, flood, earthquake), war, civil
unrest, terrorist activities, states of emergency, government sanctions,
embargos, nationalizations, strikes and breakdowns of public utilities (such as
of electricity or telecommunication services). We shall use all reasonable
efforts to notify you of the circumstances causing the delay and to resume
performance as soon as possible, both without undue delay.
7.6. Assignment.
We shall have the right to assign and/or transfer these Terms and Conditions
and our rights and obligations hereunder to any Third Party after notifying you
as provided for herein. You agree and acknowledge that you shall not assign or
transfer its rights or sub-contract or delegate the performance of any of its
obligations under these Terms and Conditions without our prior written consent
in our sole and exclusive discretion.
7.7. Rights of Third Parties.
These Terms do not give any right to any Third Party unless explicitly stated
herein.
7.8. Relationship of the Parties.
