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 Terms And Conditions

1.   Acceptance of Terms and Conditions

Welcome and thank you for your interest in Molahin (hereinafter referred to as “Molahin”, “We”, “Us” or “Our”). The Company “CUZINBEATS LTD” is the operator of the website located at molahin.com (hereinafter referred to as the “Website” or the “Platform”). By proceeding to use Platform provided by the Company, you agree to be bound by the following Terms and Conditions.

These Terms and Conditions along with our Privacy Policy which is incorporated herein by reference are collectively referred to as the “Agreement” or the “Terms”.

This Agreement is a legally binding contract between you (“You”, “Your” or “User”) and the Company regarding your use of the Website and Services offered by the Company.

2.   Additional Terms

If you register an account as a Seller on the Platform, you to agree to be bound by additional terms and conditions than those stated hereunder. By proceeding to register your Seller Account on the Platform, you agree to abide by such additional terms. In the event of any conflict between these Terms and those governing your rights and obligations as a Seller, the latter terms and conditions will take precedence.
  

3.   Eligibility

The Platform is not available to Users who have previously been banned from using the Platform by the Company or Users who are under the age of eighteen (18) years. If you are creating a platform account as an individual, you represent and warrant to the Company that you are at least eighteen (18) years of age. You may only enter into this Agreement on behalf of another person or entity if you have the requisite authority and capacity to act on behalf of such entity and to bind the former to this Agreement.

 

WE CANNOT PROVIDE YOU WITH THE SERVICES WITHOUT CERTAIN LIMITATION OF LIABILITY AND DISCLAIMERS AS SET OUT IN THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE PROVISIONS OR ANY OTHER TERMS OF OUR AGREEMENT, PLEASE REFRAIN FROM USING OUR SERVICES.

 

4.   Definitions

Unless explicitly stated otherwise, any reference to the following terms in the Agreement will have the following meaning:

“Beats” – refers to musical compositions and recordings as listed by the Sellers on the Platform.

“Services” – refers to all production services including, but not limited to, sound design, audio mixing and mastering, beat making, music production, and any other relevant services offered on the Platform for purchase between the Buyer and the Sellers.

“Sound Packs” – refers to collections of audio files and sound samples, including but not limited to loops, samples, and presets, as listed by the Sellers on the Platform.

“Buyer” – refers to a registered User who purchases Beats, Beats license, Services, Sound packs, and any other relevant products from the Seller through the Platform.

“Seller” – refers to a registered User who upload, offers and sells Beats, Beats license, Services, Sound packs, and any other relevant products through the Platform to the Buyer.

“Platform Services” – refers to all proprietary software functionality that enables Users to search, view, list, buy, sell and deliver beats through the Platform.

“License Fee” – refers to the license fee as listed by the Seller for his/her Beats. 

“Platform fees” –  refers to the commission fees payable by the Sellers for Beats licenses sold through the Platform.

“Licensing Agreement” – refers to the agreement between the Buyer and the Seller whereby the Buyer agrees to acquire a license from the Seller for the Beat, Sound Pack, or other relevant product, and the Seller agrees to grant that license to the Buyer in exchange for the license fee.

“User”, “You” or “Your” – refers to all registered Users (Buyers and Sellers) of the Platform.

 

5.   Account Registration and Security

In order to buy or sell Beats through the Platform, Users are required to register an account by providing us with the required personal information such as User’s email address, country of residence and phone number. We may also enable Users to login to the Platform using their social media accounts such as Facebook or Google (“Your Social Account”). By linking your social accounts, you are authorising us to access and display specific publicly visible information from Your Social Account on your Molahin account.

You agree to provide only accurate and current information when registering your account on the Platform. In the event of any material change in your account details, please edit your details immediately by accessing your profile or alternatively contact us using one of the contact options provided at the bottom of this Agreement with the words “Account details” in the subject line.

Please note that we may use two-factor authentication to verify your account. By providing us with your phone number, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for sending you a verification text (SMS) message, to assist with your account verification. In the event your telecommunication service provider charges you to receive verification text messages, such charges are for your own account, and the Company will not be held liable for the payment of such fees. 

We reserve the right to refuse any User account in our sole discretion. As with all access controlled software, the Platform relies upon its Users to protect their login credentials. Any activity under your User account is solely your responsibility. You agree to maintain the confidentiality of your username and password. If you become aware of any suspicious activity on your account or if you have a reason to believe that there has been a security breach, please immediately contact us through one of the contact options provided at the bottom of this Agreement.

The Company reserves the right to introduce any new paid features and functionalities without giving any notice to you.

Privacy Policy

All your personal and company information is collected and processed by us in accordance with our Privacy Policy. Please carefully review our Privacy Policy before proceeding to use our Service. If you do not agree with our Privacy Policy, please do not sign up for an account on the Platform.

 

6.   Account Termination

You may terminate your Molahin Platform account at any time by accessing the account settings or by contacting us through one of the contact options provided at the bottom of this Agreement. Please take note that all your data including any Beats uploaded by you on the Platform may be permanently removed upon deletion of your account. Please save any data that you do not wish to delete before terminating your account. You will not be able to reactivate your account at a later stage after you have deleted it.

The Company reserves the right to terminate this Agreement and your access to the Platform at any time without giving any notice to you if we find that:

  • You have violated the terms of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease our business operations for any reason.

If you have been previously banned from using the Platform or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:

  • Creating a new account with different sign-up information;
  • Try to acquire access to another User’s account;
  • Try to gain access to the Platform through any other unauthorised mechanism.

7.   Buying and Selling on Molahin

Molahin is an online marketplace that enables Buyers and Sellers to easily buy and sell beats, services, sound packs, and more through the Platform from anywhere at any time.

a.    Agreement between Users

The Company requires its Sellers to confirm that they have all the requisite intellectual property rights, authorizations and licenses to upload the Beats to the Platform and to grant purchased licenses to their Buyers. All Beats are sold in accordance with terms of the Licensing Agreement between the Buyers and the Sellers. Sellers can choose whether they wish to sell exclusive license to their Beats or non-exclusive license.

Where the Seller offers a Buyer an exclusive license, the Seller understands that once the sale is completed the Buyer will own all rights in the Beats.  

Beats sold under exclusive license will be marked as “SOLD” on the Platform, and the Seller will not be able to offer those Beats for sale again to any other Buyer under any other license either online or offline.

The “Licensing Agreement” referred to as the (Beat License Agreement”, Beat License, Beat License Terms) is a legally binding agreement between the Buyer and the Seller that outlines the terms and conditions of the license granted by the Seller to the Buyer for the use of a specific Beat, Sound Pack, or other relevant product. This agreement sets out the rights and responsibilities of both parties, including the license fee, the type of license granted, the allowed use of the product, and any limitations or restrictions on the use of the product. The Licensing Agreement ensures that both parties have a clear understanding of their obligations and rights related to the Beat being licensed.

Please note that the Company will not be a party to any licensing agreement between Buyers and Sellers, and the Company will not be a party to any disputes between Buyers and Sellers. Both parties understand that any disputes arising from any sale/purchase of Beats or licensing agreement can only be brought against the other party to the licensing agreement.

Buyers should carefully review the licensing agreement prior to purchasing the Beats to ensure that it is suitable for their needs. If you do not wish to be bound by the terms of the licensing agreement, you shall not purchase such Beats. Any violation of the licensing agreement by the Buyer will give rise to a breach of contract, and the Buyer may become liable for violation of Sellers intellectual property rights.

The Company neither represents nor warrants that the Seller has all the requisite intellectual property rights to grant the Buyer the license that the Seller is offering through the Platform. 

THE COMPANY IS NOT THE SELLER OF BEATS AVAILABLE ON THE PLATFORM, AND WE DO NOT ACT AS AN AGENT, EMPLOYER, PARTNER OR REPRESENTATIVE OF ANY SELLER ON THE PLATFORM. THE COMPANY DOES NOT PERFORM ANY BACKGROUND CHECKS OR ASSESS THE LEGALITY OR QUALITY OF ANY BEATS ON THE PLATFORM. THEREFORE WE ARE UNABLE TO OFFER ANY ASSURANCES OR WARRANTIES AS TO THE QUALITY OR LEGALITY OF ANY BEATS OFFERED BY THE SELLERS UNDER THE LICENSING AGREEMENT.

Buying and Selling Sound Packs:
  • Molahin provides a platform for Sellers to list and sell their Sound Packs to Buyers. By listing and selling Sound Packs on the Platform, Sellers represent and warrant that they have the right to do so and that the Sound Packs do not infringe the intellectual property rights of any third party.
  • When a Buyer purchases a Sound Pack from a Seller, the Buyer is granted to use the Sound Pack in accordance with the agreement between the Buyer and the Seller. The Buyer may use the Sound Pack in the creation of their original music compositions.
  • The Seller warrants that they have the right to sell the Sound Pack and that the Sound Pack will not infringe the intellectual property rights of any third party. The Seller agrees to indemnify and hold Molahin and the Buyers harmless from any claims, damages, or expenses arising from the sale or use of the Sound Pack.
Buying and Selling Services:
  • The Platform provides a marketplace for users to purchase various production services, including but not limited to sound design, audio mixing and mastering services, beat making services, music production services, and any other related services. The Services are provided by independent freelancers who are not employees of Molahin.
  • The Seller who provide the Services are solely responsible for their representations, warranties, and obligations related to the Services. The Platform does not endorse any Services or the results of any Services and makes no representations or warranties of any kind, express or implied, as to the Services.
  • The delivery of the Services purchased on our platform will be facilitated through our platform, and the specific details regarding the delivery of the Services will be determined by the agreement between the Buyer and the Seller.
  • The price for the Services will be as specified on our platform at the time of purchase. The payment for the Services will be processed through our platform, and the terms and conditions of such payment will be governed by our payment policy.
  • Molahin does not offer a money-back guarantee for the Services purchased on our platform. Refunds for the Services will be determined by the agreement between the Buyer and the Seller.
  • By purchasing the Services, the Buyer may be required to provide certain content, such as music files or specifications for the Services. The Buyer represents and warrants that the User Content does not infringe the intellectual property rights of any third party, and the Buyer will indemnify and hold Molahin harmless from any claims arising from the use of the User Content.

 

PLEASE NOTE THAT ANY ACCEPTANCE OF BUYERS OR SELLERS ACCOUNTS ON THE PLATFORM DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH BUYERS OR SELLERS BY THE COMPANY.

The Company cannot be held liable for any misrepresentation by any User or for any actions or omissions whatsoever of any User. Unless explicitly specified otherwise, our responsibility is limited to facilitating the availability of the Platform.

b.    Buyer Rights and Obligations

By signing up for an account, Buyer agrees to use the Platform and all Services offered by the Company in accordance with this Agreement.

 

Downloading the purchased Beats

When you purchase Beats through the Platform, you can immediately download your purchased Beats in the file format displayed in your licensing agreement. Please note that you are required to pay the full purchase price/licensing fee prior to downloading the file. In the unlikely event that you are unable to download the purchased Beats or the file is corrupt or in an incorrect format, please contact us through one of the contact options provided at the bottom of this Agreement. We will immediately take steps to resolve the issue.

Compliance with licensing agreement

You understand and agree that when you purchase Beats license from a Seller, you can only use such Beats in accordance with the terms of your licensing agreement with the Seller.

If we have a reasonable ground to believe that you have violated any provision of this Agreement or your licensing agreement with the Seller, we reserve the right to immediately terminate your account or restrict your access to the Platform. We also reserve the right to identify you to any relevant authorities and to share your personal information with the Licensor and relevant authorities to assist in any investigations or assertion of claims against you.

You hereby indemnify the Company, its founders, shareholders, employees and agents from any direct or indirect claims, losses, costs, damages or liabilities arising out of any violation of this Agreement, or your licensing agreement with the Seller or any other violation of Seller’s intellectual property rights by you.

c.    Seller Rights and Obligations

By creating a Seller account and uploading Beats as well as other ancillary content on the Platform (“Seller Content”), you represent and warrant that:

  • You have all the legal rights, licenses and authority to upload and offer your Seller Content in the manner that it is offered on the Platform;
  • You understand and agree not to upload or sell any Beats through the Platform for which you do not have all the required rights, authority and licenses, and that may result in a violation of any third party’s existing intellectual property rights;
  • You will not use any content available on the Platform, on any third party websites or for other business purposes without Company’s prior written permission;
  • Your Seller Content will not contain/transmit any viruses, defects, or other items of a destructive nature;
  • You will not upload or post any material on the Platform that is deemed obscene, degrading or misleading;
  • You will use the Platform in a lawful manner and in compliance with all applicable laws;
  • You have the requisite rights to grant the licenses you are offering the Buyer in the licensing agreement;
  • You agree to provide a complete and accurate description of any Beats and license rights you offer Buyer through the Platform;
  • You will not use the Platform and/or any features and functionality offered by the Company for any unlawful/illegal purposes or in any manner that may violate the intellectual property or other legal rights of any third party;
  • You will not manipulate your ranking/ratings on the Platform by purchasing your own Beats through false buyer accounts;
  • You will be solely responsible for the payment of your own taxes arising from the sale of your Beats on the Platform.

The Company reserves the right to remove any content from the Platform if we are of the view that your content is violating any provisions of this Agreement, any applicable law or any other user or third party’s lawful rights.

Exclusivity

The Platform is aimed at providing Buyers access to Seller Content that is exclusively available on Molahin. In other words, by offering your Beats through the Platform as a Seller, you waive your rights to offer the same Beats through other Platform during the term of this Agreement. You represent and warrant to the Company that all Beats you upload on the Platform are offered exclusively on Molahin Platform for the duration of this Agreement. Any violation of this exclusivity provision by you will be deemed a material breach of this Agreement, and the Company may seek an appropriate legal remedy. 

Indemnification

You indemnify the Company, its directors, shareholders and employees from any and all direct and indirect claims, losses, costs and damages arising out of any violation of this Agreement by you or any infringement of third party’s intellectual property rights by you.

Pricing and Commission

Sellers set the licensing fees for all Beats they offer through the Platform. All Beats sold through the Platform are quoted in [USD] and subject to Platform Fees which are payable in accordance with this Agreement. however, a minimum price of  $9.00 USD will apply to any license offered for sale through the platform. Buyers pay the licensing fee before they download the purchased Beats and the Sellers receive their licensing fees after deduction of the [Specify Commission Percentage As Provided Below In The Payments and Cancellation Policy Section] Platform Fees.
All Seller license fees are paid into the Seller’s linked account. Please note that it may take up to 14 days before the payment appears in your account.

d.    Payments and Cancellation Policy

Buyers are required to make all payments for the purchase of licenses through the Platform and in accordance with this Payment Policy. When a Buyer purchases a license through the Platform, the full license fee is paid by the Buyer through the Platform into the Seller’s nominated Paypal account within 14 working days, and upon completion of the transaction, the Platform Fee is automatically deducted before any revenue is paid through to the seller.

Sellers will be charged the following percentage from each sale through the platform:

  • Exclusive License - (Exclusive): 15%
  • Non-Exclusive License - (Business): 15%
  • Non-Exclusive License - (Premium): 15%
  • Non-Exclusive License - (Basic): 15%
  • Goods and Services - (Service): 15%
  • Goods and Services - (Sound Pack): 15%
Platform ServicesPlatform Fees
Exclusive License - (Exclusive)15%
Non-Exclusive License - (Business)15%
Non-Exclusive License - (Premium)15%
Non-Exclusive License - (Basic)15%
Goods and Services - (Service)15%
Goods and Services - (Sound Pack)15%

 

Sellers are paid by the Company in accordance with the Payment Schedule which is incorporated in this Agreement by reference. 

Paypal Inc is our chosen payment processor. To learn more about Paypal’s Seller and Buyer Protection, please visit Paypal Safety and Security.

 

In the event of chargebacks and other similar payment disputes, we will take the steps in accordance with Paypal’s Seller Protection Policy.

Please note that due to the digital nature of the Beats we are unable to accept cancellations for any licenses sold through the Platform unless the Seller misrepresented the rights and title in the Beats sold or the file delivered was corrupt or in the wrong format. If you wish to request cancellation of your purchase, please contact us immediately using one of the contact options provided at the bottom of this Agreement and we will respond to your request within 48 hours. In the event we accept your cancellation request, we will issue you a full or partial refund in accordance with our refund policy as outlined below.

e.    Refund Policy

Where you qualify for a full or partial refund, we will deposit the refund amount in the same account from which the payment was initially made. The processing of refund payment may take time. You acknowledge that we cannot offer any guarantees of any nature for the timeliness of refunds reaching your account.

f.     Disintermediation

Users agree to make all payments relating to the sale and purchase of Beats licenses through the Platform. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of the Platform will constitute a material breach of this Agreement. We are unable to offer any protections to Buyers and Sellers who enter into transactions outside the Platform. Any violation of this provision gives the Company the right to take any remedial measure it deems fit.

 

8.   User-Generated Content

Molahin Platform contains a vast amount of user content including but not limited to Seller Content, user profiles, content description, public forum chats and comments (hereinafter referred to as “User Generated Content” or “Your Content”). We do not claim any ownership of Your Content, but you do acknowledge that by uploading, posting and offering your content through the Platform you are granting us a non-exclusive, worldwide, fully paid, royalty-free, license to use, distribute, reproduce, publish, display or share Your Content on our Platform and to make it accessible to other users in accordance with this Agreement. We do not actively screen or monitor User Generated Content posted, uploaded or offered through the Platform and therefore we are unable to warrant or guarantee the legality, suitability or quality of such User Generated Content. We will not be held liable for any loss or damage of any kind incurred or claimed as a result of your use of any User-Generated Content.

Please note that we may be required to remove Your Content from the Platform if it is claimed to be infringing the intellectual property rights of a third party. If you believe that Your Content has been wrongly removed from the Platform, please contact us immediately using one of the contact options provided at the bottom of this Agreement.

 

9.   User Conduct

You represent and warrant to the Company that you have the legal right to use any content that you upload, post, buy, sell or share through the Platform.

You expressly agree that:

  • You will not impersonate to be someone else on the Platform;
  • You will conduct yourself in a professional manner when interacting with other Users;
  • You will not use the Platform to conduct any unlawful or illegal activity.
  • You will not, in any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
  • You will not post, upload any content that may be deemed generally obscene, pornographic, sexually explicit, or contain any material, that we may in our sole discretion deem inappropriate;
  • You will ensure that you are aware of any applicable laws and regulations that apply to you as Buyer or Seller of Beats;
  • You agree that you will not upload any false or misleading information on the Platform;
  • You will immediately notify us of any change in your personal information;
  • In the event of any dispute, you agree to notify us immediately with a detailed description of the dispute and make your best effort to assist us in expeditious resolution of the dispute;
  • You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
  • You will not reformat or frame any portion of the Website without the express written consent of the Company;
  • You will not create User accounts by automated means or under false or fraudulent pretences;
  • You will not submit any content or material on any third party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  • You will not transmit any viruses, defects, trojan horses or other items of a destructive nature through the Platform;
  • You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • You will not post any content that may be deemed defamatory, libellous, threatening or harassing;
  • You will not post crass advertisements, identical copies of the same content (or almost similar content), content with misleading descriptions, titles or links in order to manipulate other Users or in any way violating our terms;

10. No liability for User Actions

The Company only provides the Platform to enable Users to Buy and Sell Beats Licenses. We do not actively monitor any User-Generated Content on the Platform.

The Company neither represents nor warrants the authenticity of any information provided by any User through the Platform or that a User has requisite intellectual property rights in their User-Generated Content on the Platform.  All User-Generated Content is the sole responsibility of the User who originally posted such content and not that of the Company.

The Company does not warrant, guarantee or assume responsibility for any User-Generated Content on the Platform, and will not be a Party to any promises made by any User. Your decision to use the Platform is entirely at your own risk.

 

11. Intellectual Property

a.    License Grant by Company to Users

Excluding your User Generated Content, all content available on the Platform including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without the express written consent of the Company will constitute an infringement of our intellectual property rights.

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content or other User Generated Content (where applicable) that you do not have rights and licences to use. You understand that any unauthorised use of copyrighted work is strictly prohibited.

We hereby grant you a revocable, non-exclusive, non-transferable license to use the Platform for Buying and Selling Beats in accordance with this Agreement.

 

b.    License Grant by Seller to the Company

The Seller hereby grants the Company a non-exclusive, worldwide, royalty-free, transferable license to copy, distribute, store and otherwise exploit the Seller Content for the purpose of making the Beats available on the Platform in a manner that enables the prospective Buyers to preview the Beats and make their purchase decision; for any other promotional and marketing purposes on the Platform as the Company deems fit.

 

12. Copyright Infringement

The Company reserves the right to immediately terminate your access to our Platform and/or remove any content that we believe, infringes the intellectual property rights of another person or entity or which is alleged to be infringing the rights of any third party.

You agree that you will not upload or sell the license to any content that you do not have the full legal rights to use.

If you believe that your copyrighted material or content is uploaded or offered on the Platform without your authorisation, please contact us using one of the options provided at the bottom of this Agreement and provide us with the following information:

 

  • Identification of the material or content that is claimed to be infringing your copyrighted works (such as links to the page where such content appears and description of the content);
  • Your contact information including your name, phone number and email address;
  • A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement;
  • A statement by you confirming that all information provided by you including your claim is bona fide true.

13. Modifications

We reserve the right to add new features and functionality to the Platform or modify existing features and amend any provision of this Agreement. Any changes in features and functionality of our Platform will become effective from the date of implementation. Where we make any material amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement and inform you of the effective date of such updated Agreement. Please take the time to review these terms regularly to familiarise yourself of any material changes.

You release the Company of any liability arising from your failure to review such modified Terms.

 

14. Your Feedback

We appreciate your feedback, suggestions and ideas (“feedback”). You understand that by submitting your feedback, you represent and warrant to us that you have the requisite intellectual property rights in such content to be able to grant full legal rights to the Company to use your feedback. You agree to grant all rights in such feedback to the Company, and you authorise the Company to use, disclose and/or otherwise exploit any feedback submitted by you, without any restriction or compensation to you. By submitting your feedback, suggestions and ideas to the Company, you hereby waive any claims to monetary compensation from the Company or its assigns.

Please send your feedback through one of the contact options provided at the bottom of this Agreement.

 

15. Indemnification

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, asserted by a third party, arising out of or in any way connected with:

  1. Your use of the Platform;
  2. the violation of these Terms by you;
  3. Your gross negligence or willful misconduct;
  4. the infringement by you, or any third party using your Account, of any intellectual property or other rights of any person or entity;

16. Disclaimer of Warranties

ALL SERVICES PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR  NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF THE SERVICES PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.

THE COMPANY NEITHER REPRESENTS NOR WARRANTS THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT REST WITH YOU. IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE PLATFORM INCLUDING BUT NOT LIMITED TO ANY USER GENERATED CONTENT MADE AVAILABLE THROUGH THE PLATFORM.

YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF SERVICES.

 

17. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR ANY LOSS OF REVENUE ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE PLATFORM EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF THE COMPANY EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN PLATFORM FEES IN THE MONTH WHEN THE ISSUE FIRST AROSE OR TWENTY US DOLLARS.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICES IN LOCATIONS OTHER THAN THOSE LISTED ON OUR WEBSITE.


18.
Miscellaneous

a.    Governing Law and Jurisdiction

This Agreement and any dispute arising out of or in connection with this Agreement or its subject matter shall be governed and construed by the laws of England and Wales without giving effect to any principles of conflict of laws. You hereby submit to the exclusive jurisdiction of the courts located in London to settle any claims and actions arising out of or related to this Agreement.

b.    Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion without giving any notice to the User. Users shall not assign or transfer any of User’s rights or obligations under these Terms to any third party, without the express written consent of the Company.

c.    Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of their obligations towards the other if such failure is as a result of a force majeure event or acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.


Contact Us

If you have any questions or comments regarding these Terms and Conditions, or if you wish to contact us with any other requests, you can easily do so by either contacting our Customer Care department by submitting a support ticket Here or alternatively you may send us a message Here.

 

Last updated: Feb 24, 2024

 

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