PAVLYUKEVICH VISUAL PRODUCTION YULIYA PAULIUKEVICH, doing business as My Team Art
("My Team Art", “we”, “us”, or “our”), concerning your access to and use of the
http://www.myteam.art website as well as any other media form,
media channel, mobile website or mobile application related, linked, or otherwise connected thereto(collectively, the “Site”).
We are registered in Poland and have our registered office at Gornicza 26/6, Lodz, Lodz 91-765. Our VAT number is 7252289340.
The Siteprovides an online marketplace for the following goods, products, and/or services:
__________ (the “Marketplace Offerings”). In order to help make the Site a secureenvironment for the purchase and sale of Marketplace Offerings,
THEN YOU ARE EXPRESSLY PROHIBITED FROMUSING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUSTDISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Sitefrom time to time are hereby expressly incorporated herein by reference.
specificnotice of each such change. Please ensure that you check the applicable Termsevery time you use our Site so that you understand
which Terms apply. You will besubject to, and will be deemed to have been made aware of and to have accepted,the changes in any revised
The information provided on the Site is not intended for distribution to or use by anyperson or entity in any jurisdiction or country
where such distribution or use would becontrary to law or regulation or which would subject us to any registrationrequirement within
such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiative
and aresolely responsible for compliance with local laws, if and to the extent local laws areapplicable.
indicated, the Site and the Marketplace Offerings are ourproprietary property and all source code, databases,
functionality, software, websitedesigns, audio, video, text, photographs, and
graphics on the Site (collectively, the“Content”) and the trademarks, service
marks, and logos contained therein (the“Marks”) are owned or controlled by us or
licensed to us, and are protected bycopyright and trademark laws and various
other intellectual property rights and unfaircompetition laws of the United
States, international copyright laws, and internationalconventions. The Content and the Marks are provided on the
Site “AS IS” for yourinformation and personal use only. Except as expressly provided in these Terms
ofUse, no part of the Site or the Marketplace Offerings and no Content or Marks maybe copied, reproduced,
aggregated, republished, uploaded, posted, publiclydisplayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwiseexploited
for any commercial purpose whatsoever, without our express prior writtenpermission.
Provided that you are eligible to use the Site, you are granted a limited license toaccess and
use the Site and to download or print a copy of any portion of the Contentto
which you have properly gained access solely for your personal, non-commercialuse.
We reserve all rights not expressly granted to you in and to the Site, the Contentand the Marks.
By using the Site or the Marketplace Offerings, you represent and warrant that: (1) allregistration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update
are not a minor in the jurisdiction in whichyou reside, or if a minor, you have received parental permission to use the Site; (5)
you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use theSite for any illegal or unauthorized purpose; and (7) your use of the Site or the Marketplace
Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or
terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorizedpurpose nor may you,
in the use of Marketplace Offerings, violate any laws. Amongunauthorized Marketplace Offerings are the following:
intoxicants of any sort; illegaldrugs or other illegal products; alcoholic beverages; games of chance; andpornography
or graphic adult content, images, or other adult products. Postings ofany unauthorized products or content may result
in immediate termination of youraccount and a lifetime ban from use of the Site.
We are a service provider
and make no representations as to the safety,effectiveness, adequacy, accuracy, availability, prices, ratings, reviews,
or legality ofany of the information contained on the Site or the Marketplace Offerings displayedor offered through the Site.
You understand and agree that the content of the Sitedoes not contain or constitute representations to be reasonably relied upon,
and youagree to hold us harmless from any errors, omissions, or misrepresentationscontained within the Site’s content.
We do not endorse or recommend anyMarketplace Offerings and the Site is provided for informational and advertisingpurposes only.
You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your
password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise objectionable.
All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock.
Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have
limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site.
All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice,
at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason.
We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations
or that any errors in the Site will be corrected.
You agree to provide current, complete, and accurate purchase and account information for all purchases of the
Marketplace Offerings made via the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that we can complete your transactions
and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in U.S. dollars, Euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used
in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Marketplace Offerings.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site,
or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may
be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions
to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
or any applicable law or regulation.
result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account
from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions,
and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have
not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible
for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation,
or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information
through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you
of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us
to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account
(the “Social Network Content”) so that it is available on and through the Site via your account, including without
limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information
to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account
and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account
by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete
any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture
that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the
Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you
or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites")
as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements
or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site
and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and
represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual
property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no
other relationship with advertisers.
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files
and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
https://myteam.art/privacy_policy. By using the Site or the
the Site and the Marketplace Offerings are hosted in Poland. If you access the Site or the Marketplace Offerings from any other
region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in Poland, then through your continued use of the Site, you are transferring your data to Poland, and you agree to have your data
transferred to and processed in Poland.
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that
we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings
to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
These conditions are governed by and interpreted following the laws of Poland, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your country to residence. PAVLYUKEVICH VISUAL PRODUCTION YULIYA PAULIUKEVICH
and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Lodz, which means that you may make a claim to defend your
consumer protection rights in regards to these Conditions of Use in Poland, or in the EU country in which you reside.
the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having
it's seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause
constitutes acceptance. The seat of arbitration shall be Lodz, Poland. The language of the proceedings shall be Poland. Applicable rules of
substantive law shall be the law of Poland.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings,
including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR
THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any
but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings
with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well
as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss
or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments
or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by
and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between
against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these