These Legal Terms constitute a legally binding agreement made between you. whether personally or on behalf of an entity ("you")and BAN concerning your access to and use of the Services You agree that by accessing the Services, you have read ,understood, and agreed to be bound
by all of these Legal Terms IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMSTHEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY
We will provide you with prior notice of any scheduled changes to the Services you are using The modified Legal Terms will become effective upon posting or notifying you by admin@ban.com, as stated in the email message By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms
The Services are intended for users who are at least 13 years of age All users who are minors in the jurisdiction in which they reside generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the Services If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services
We recommend that you print a copy of these Legal Terms for your records
TABLE OF CONTENTS
1 OUR SERVICES
2 INTELLECTUAL PROPERTY RIGHTS
3 USER REPRESENTATIONS
4. USER REGISTRATION
5 PURCHASES AND PAYMENT
6 CANCELLATION
7. SOFTWARE
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS 10. CONTRIBUTION LICENSE
11. MOBILE APPLICATION LICENSE
12 ADVERTISERS
13 SERVICES MANAGEMENT
14. PRIVACY POLICY
15. COPYRIGHT INFRINGEMENTS
16 TERM AND TERMINATION
17 MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19 DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23 INDEMNIFICATION
24 USER DATA
25 ELECTRONIC COMMUNICATIONSTRANSACTIONS, AND SIGNATURES
26 MISCELLANEOUS
27 CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or countryAccordinglythose persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Servicesincluding all source code, databases, functionality, softwarewebsite designsaudio
ideo, text, photographs, and graphics in the Services (collectivelythe "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks")
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personalnon-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section belowwe grant you a non-exclusivenon-transferablerevocable Hcense to:
access the Servicesand
download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personalnon-commercial use or internal business purpose
Except as set out in this section or elsewhere in our Legal Termsno part of the
Your use of our Services
Subject to your compliance with these Legal Termsincluding the PROHIBITED ACTIVITIES" section belowwe grant you a non-exclusive, non-transferablerevocable license to:
access the Servicesand
⚫ download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personalnon-commercial use or internal business purpose
Except as set out in this section or elsewhere in our Legal Terms no part of the Services and no Content or Marks may be copied reproduced aggregated republished uploaded posted publicly displayed encoded, translated transmitteddistributed soldlicensedor otherwise exploited for any commercial purpose whatsoeverwithout our express prior written permission
If you wish to make any use of the ServicesContentor Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to admin@ban.com If we ever grant you the permission to postreproduceor publicly display any part of our Services or Contentyou must identify us as the owners or licensors of the ServicesContent, or Marks and ensure that any copyright
owners or licensors of the Services, Contentor Marks and ensure that any copyright or proprietary notice appears or is visible on postingreproducingor displaying our Content
We reserve all rights not expressly granted to you in and to the Services Contentand Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services
Submissions: By directly sending us any question comment suggestion idea feedback, or other information about the Services ("Submissions")you agree to assign to us all intellectual property rights in such Submission You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or controlplease immediately refer to the "COPYRIGHT INFRINGEMENTS" section below
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that(1) all registration information you submit will be true, accurate, currentand complete(2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13(5) you are not a minor in the jurisdiction in which you reside, or if a minoryou have received parental permission to use the Services; (6) you will not access the Services through automated or non-human meanswhether through a botscript or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrueinaccuratenot currentor incompletewe have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof )
4. USER REGISTRATION
You may be required to register to use the ServicesYou agree to keep your password confidential and will be responsible for all use of your account and passwordWe reserve the right to remove, reclaimor change a username you select if we determine, in our sole discretionthat such username is inappropriateobsceneor otherwise objectionable
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard - Gpay
- phonePe
- Paytm
You agree to provide currentcomplete, and accurate purchase and account information for all purchases made via the ServicesYou further agree to promptly update account and payment informationincluding email addresspayment methodand payment card expiration dateso that we can complete your transactions and contact you as needed
4. USER REGISTRATION
You may be required to register to use the ServicesYou agree to keep your password confidential and will be responsible for all use of your account and passwordWe reserve the right to remove, reclaimor change a username you select if we determine, in our sole discretionthat such username is inappropriateobsceneor otherwise objectionable
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard - Gpay
- phonePe
- Paytm
You agree to provide currentcomplete, and accurate purchase and account information for all purchases made via the ServicesYou further agree to promptly update account and payment informationincluding email addresspayment methodand payment card expiration date so that we can complete your transactions and
4. USER REGISTRATION
You may be required to register to use the ServicesYou agree to keep your password confidential and will be responsible for all use of your account and passwordWe reserve the right to remove, reclaimor change a username you select if we determine, in our sole discretionthat such username is inappropriateobsceneor otherwise objectionable
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard - Gpay
- phonePe
- Paytm
You agree to provide currentcomplete, and accurate purchase and account information for all purchases made via the ServicesYou further agree to promptly update account and payment informationincluding email addresspayment methodand payment card expiration date so that we can complete your transactions and contact you.
6. CANCELLATION
You can cancel your subscription at any time by logging into your accountYou cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at biharangelnetwork@gmail.com call us at 9031015500.
7. SOFTWARE
We may include software for use in connection with our Services. If such software accompanied by an end user license agreement ("EULA"), the terms of the EULA govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal TermsAny software and any related documentation is provided " IS" without warranty of any kind either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose non-infringement You accept any and all risk arising out of use or performance of any software You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms .
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available The Services 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 Services, you agree not to
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation data base or directory without written permission from us
Trick, defraudor mislead us and other usersespecially in any attempt to learn sensitive account information such as user passwords
. Circumvent, disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Services and/or the Content
contained therein
Disparagetarnishor otherwise harmin our opinionus and/or the ServicesUse any information obtained from the Services in order to harassabuseor
harm another person Make improper use of our support services or submit false reports of abuse or
misconduct
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute toor 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 Services, 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 Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non- proprietaryWhen 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 authorize us, the Services,
and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Servicesyou automatically grantand you represent and warrant that you have the right to grant, to us an unrestrictedunlimitedirrevocable, perpetualnon-exclusive, transferableroyalty-freefully-paidworldwide rightand license to hostusecopyreproduce, disclosesellresellpublishbroadcastretitle, archive, store, cachepublicly performpublicly displayreformattranslate, transmitexcerpt (in whole or in part)and distribute such Contributions (includingwithout limitationyour image and voice) for any purposecommercialadvertisingor otherwiseand to prepare derivative works ofor incorporate into other workssuch Contributionsand grant and authorize sublicenses of the foregoingThe use and distribution may occur in any media formats and through any media channels.
This license will apply to any formmedia, or technology now known or hereafter developedand includes our use of your namecompany name, and franchise nameas applicable, and any of the trademarks, service marks, trade names, logosand personal and commercial images you provideYou waive all moral rights in your Contributionsand you warrant that moral rights have not otherwise been asserted in your Contributions.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Servicesyou automatically grantand you represent and warrant that you have the right to grant, to us an unrestrictedunlimitedirrevocable, perpetualnon-exclusive, transferableroyalty-freefully-paidworldwide rightand license to hostusecopyreproduce, disclosesellresellpublishbroadcastretitle, archive, store, cachepublicly performpublicly displayreformattranslate, transmitexcerpt (in whole or in part)and distribute such Contributions (includingwithout limitationyour image and voice) for any purposecommercialadvertisingor otherwiseand to prepare derivative works ofor incorporate into other workssuch Contributionsand grant and authorize sublicenses of the foregoingThe use and distribution may occur in any media formats and through any media channels.
This license will apply to any formmedia, or technology now known or hereafter developedand includes our use of your namecompany name, and franchise nameas applicable, and any of the trademarks, service marks, trade names, logosand personal and commercial images you provideYou waive all moral rights in your Contributionsand you warrant that moral rights have not otherwise been asserted in your Contributions
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisementsWe simply provide the space to place such advertisements, and we have no other relationship with advertisers
13. SERVICES MANAGEMENT
We reserve the rightbut not the obligationto: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone whoin our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability ofor 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 Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systemsand (5) otherwise manage the Services in a manner to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and securityPlease review our Privacy Policy: By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal TermsPlease be advised the Services are hosted in IndiaIf you access the Services from any other region of the world with laws or other requirements governing personal data collection, useor disclosure that differ from applicable laws in India, then through your continued use of the Servicesyou are transferring your data to Indiaand you expressly consent to have your data transferred to and processed in India.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or controlplease immediately notify us using the contact information provided below (a "Notification")A copy of your Notification will be sent to the person who posted or stored the material addressed in the NotificationPlease be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a NotificationThus, if you are not sure that material located on or linked to by the Services infringes your copyrightyou should consider first .
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMSWE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES)TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTYOR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIMEWITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reasonyou are prohibited from registering and creating a new account under your name, a fake or borrowed nameor 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 civilcriminaland injunctive redress .
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without noticeHowever, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services
We cannot guarantee the Services will be available at all timesWe may experience hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errorsWe reserve the right to change, reviseupdate, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to youYou agree that we have no liability whatsoever for any lossdamage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the ServicesNothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any correctionsupdatesor releases in connection therewith
18. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India BAN and yourself irrevocably consent that the
courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any disputecontroversyor claim related to these Legal Terms (each a "Dispute" and collectivelythe Disputes") brought by either you or us (individually, a "Party" and collectivelythe "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 arbitrationSuch informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Termsincluding any question regarding its existence, validityor terminationshall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, BrusselsAvenue Louise, 146) according to the Rules of this ICAC which as a result of referring to it is considered as the part of this
: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individuallyTo 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 Negotiatioris and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protector concerning the va…
. CORRECTIONS
There may be information on the Services that contains typographical errorsinaccuraciesor omissionsincluding descriptionspricing, availabilityand various other informationWe reserve the right to correct any errorsinaccuraciesor omissions and to change or update the information on the Services at any timewithout prior notice
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASISYOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISKTO THE FULLEST EXTENT PERMITTED BY LAWWE DISCLAIM ALL WARRANTIESEXPRESS OR IMPLIEDIN CONNECTION WITH THE SERVICES AND YOUR USE THEREOFINCLUDINGWITHOUT LIMITATIONTHE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON- INFRINGEMENTWE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICESCONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORSMISTAKESOR INACCURACIES OF CONTENT AND MATERIALS(2) PERSONAL INJURY OR PROPERTY DAMAGEOF ANY NATURE
: WHATSOEVERRESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES(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 SERVICES(5) ANY BUGSVIRUSESTROJAN HORSESOR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 POSTEDTRANSMITTEDOR OTHERWISE MADE AVAILABLE VIA THE SERVICESWE DO NOT WARRANT, ENDORSEGUARANTEEOR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICESANY HYPERLINKED WEBSITEOR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISINGAND 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 SERVICESAS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENTYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORSEMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECTCONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGESINCLUDING LOST PROFITLOST REVENUE, LOSS OF DATAOR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICESEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESNOTWITHSTANDING 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 ONE (1) 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 DAMAGESIF THESE LAWS APPLY TO YOUSOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnifyand hold us harmless, including our subsidiariesaffiliatesand all of our respective officersagentspartnersand employeesfrom and against any loss, damage, liability, claimor demandincluding reasonable attorneysfees and expensesmade by any third party due to or arising out of
IN NO EVENT WILL WE OR OUR DIRECTORSEMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECTCONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGESINCLUDING LOST PROFITLOST REVENUE, LOSS OF DATAOR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICESEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESNOTWITHSTANDING 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 ONE (1) 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 DAMAGESIF THESE LAWS APPLY TO YOUSOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnifyand hold us harmless, including our subsidiariesaffiliatesand all of our respective officersagentspartnersand employeesfrom and against any loss, damage, liability, claimor demandincluding reasonable attorneysfees and expensesmade by any third party due to or arising out of
your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the ServicesNotwithstanding the foregoing, we reserve the right, at your expenseto assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expensewith our defense of such claimsWe will use reasonable efforts to notify you of any such claim, actionor proceeding which is subject to this indemnification upon becoming aware of it
24. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Servicesas well as data relating to your use of the ServicesAlthough we perform regular routine backups of datayou are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the ServicesYou agree that we shall have no liability to you for any loss or corruption of any such dataand you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS
Visiting the Servicessending us emails, and completing online forms constitute electronic communicationsYou consent to receive electronic communicationsand you agree that all agreements, notices, disclosures, and communications we provide to you electronically, via email and on the Servicessatisfy any legal requirement that such communication be in writingYOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTSORDERS, AND OTHER RECORDSAND TO ELECTRONIC DELIVERY OF NOTICESPOLICIESAND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICESYou hereby waive any rights or requirements under any statutes, regulationsrules, 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
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and usOur failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by lawWe may assign any or all of our rights and obligations to others at any timeWe shall not be responsible or liable for any lossdamage, delayor failure to act caused by any cause beyond our
reasonable controlIf any provision or part of a provision of these Legal Terms is determined to be unlawfulvoidor unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisionsThere is no joint venture, partnershipemployment or agency relationship created between you and us as a result of these Legal Terms or use of the ServicesYou agree that these Legal Terms will not be construed 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 Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.