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Terms of Service

TERMS AND CONDITIONS Last updated: September 23, 2018   Welcome to MixtapeMall.com   Mixtape Mall is a marketplace website for services offered by its users. These Terms and Conditions are a legally binding agreement ( “Agreement” or “Terms”) between You either an individual, group or entity ( the “User”, “You”, or “Your” ) and ( “Company”, “We”, “Us” or “Our” ) a company operating in accordance with the Laws of The United States of America, www.MixtapeMall.com (hereinafter referred to as “ Mixtape Mall”, “Platform”, “Website” or “Site”) . By using the Platform, you accept and agree to all the terms of this Agreement, Privacy Policy, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. Definitions Unless explicitly stated otherwise, any reference to the following terms in the Agreement will have the following meaning: “Buyer/Client”- refers to a registered User who purchases a music service, hire through the Platform. “Seller/Artist” – refers to a registered Users who creates and offers music services for sale to prospective Buyer/Client or other users through the Platform. “Seller’s Profile” – refers to a professional profile of the Seller on Mixtape Mall with samples of such Seller’s copyrighted work showcased on the Platform. “Platform Services” – refers to all proprietary software functionality that enables Users to search, view, list, buy, sell, deliver any music services through the Platform, including the ability to communicate with other Users, rate and review their experiences. “Platform fees” – refers to the commission fees payable by the Sellers for sessions and additional services sold through the Platform. “Transaction Fees” – refers to any transaction fees billed by us using PayPal or any other payment methods. “Order” or “Sale Agreement” – refers to the agreement between the Buyer and the Seller whereby the Buyer agrees to buy / commissions a session “service” from the Seller and the Seller agrees to create and deliver the agreed upon deliverable to the Buyer through the Platform at stated order price. “Order Deliverables” – refers to the specific work (singles, units, songs, audio files, album) agreed upon and delivered by the Seller to the Buyer including but not limited to composition, melody-making, copyists, or practicing any skills, craft, techniques, sounds, chords, solos for the buyer to use anywhere for him/her to sell it in a downloadable format as included in the basic session price. The price you suggest to sell for means that WFH {Work for Hire} price. The basic session fee does not include the license for Full Broadcast (Buyout) which should be acquired by the Buyer from the Seller in addition to the basic license. All order deliverables should be in the agreed file format and in accordance with the order specifications. “Sessions” or “Music Services” – refers to any music creation service as offered, listed, requested and ordered on Freelance basis by Users through the Platform. “Service” – refers collectively to any sessions, extras, sold or purchased by Users through the Platform and includes the use of Platform Services. “User”, “You” or “Your” – refers to all registered Users of the Platform. Eligibility The Site is not designed for use by persons under the age of 16 years. In the event that you are under 16 years of age, you are not authorized to use our Platform or provide any personal information to us through this Site. By accessing the Platform and creating an account, you agree that you will use the Platform in accordance with any and all applicable laws and regulations. Where you enter into this Agreement on behalf of another individual, group or other organization, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or organization and to bind that individual, group or organization to this Agreement. You are required to agree to and accept these Terms in order to access and use the Platform and Services. Mixtape Mall Services Mixtape Mall is an online marketplace that connects Buyers/Clients , who are looking to buy “ Make” music services, with Sellers/Artist from around the world. All sessions/sales/jobs on the Platform are sold online and all payments are processed in accordance with our Payment Policy as outlined in this Agreement. Buyers and Sellers are both required to create an account on the Platform to offer, request, sell or buy any service(s) through the Platform. Sellers can register on the Platform, build their Profile and list their Sessions at starting at USD 3 per minute of a song with a maximum of USD 999 per minute finished minute of song. In addition to the basic Session, service  that starts at $3 per finished minute, the Sellers can also offer session extras for an additional fee (as set by the Seller) such as number of revisions offered etc whereby a Buyer (subject to making full payment for session extra) can purchase session extras. Buyers can easily select Sellers from the Platform and place an order for the music service they would like the seller to make for them, hire and to purchase the service. Buyers are required to make payment to the Platform at the time they place their order in accordance with our Payment, Cancellation and Refund Policy. Sellers must deliver the order deliverables within the agreed delivery timeframes. Once the order is delivered, the Buyer has an option to either request revision or mark the order as complete. If no revisions are requested, the order is automatically marked as complete after 5 days and the Parties can review their experience and service. To maintain the integrity of our Platform, we encourage all Clients to rate and review their experience at the end of the transaction. Please note that the Company only enables connection between Buyers who are looking to hire, purchase music services online and Sellers who are offering such services through the Platform. The Company cannot be held liable for any misrepresentation by any User or for any actions or omissions whatsoever of any User. Please note that: Mixtape Mall respects the United States of America and the U.N  law OFAC listed countries. Unfortunately, we will not be able to accept users to sell on the platform from sanctioned countries including, the Balkans, Belarus, Burma, Cote D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe. Unless explicitly specified otherwise, Our responsibility is limited to facilitating the availability of the Platform Services. Account Setup and Safety You can browse through www.themusiciansplatform.com without signing up but to make use of the Musicians Platform to sell or buy music services, you must create an account for FREE of charge at www.themusiciansplatform.com. You are required to provide us with correct and current information at the time of account registration and you agree that you will provide us with complete and accurate information during the registration process. All personal information is collected under Encrypted secured url and used in accordance with our Privacy Policy. Please review our Privacy Policy before registering an account on the Platform to familiarize yourself with how we collect and use your information. In the event of any material change in your personal details, please contact us at support@MixtapeMall.com with the words “Account details” in the subject line or alternative edit your details by logging into your online profile at www.MixtapeMall.com. Please note that we reserve the right to refuse registration of any User account in our sole discretion without any requirement to provide reasons for our decisions. Your account is access controlled and as with all access controlled software, the system relies upon the User to protect their login credentials. You accept that you are solely responsible for any activity that occurs on your account and you agree that you will maintain the confidentiality of your login credentials. You also agree that you will never use another User’s account for any purposes whatsoever. You release us from any liability arising from or related to any unauthorized access to your Mixtape Mall account. If you become aware of any suspicious activity on your account or security breach, you must immediately notify us at support@MixtapeMall.com . You hereby release us from any liability, claim or action arising out of or associated with any loss of data, loss of opportunity, claim or damage arising out of such security breach. You understand that your decision to use the Platform is entirely at your own risk. THE COMPANY ONLY PROVIDES THE PLATFORM TO HELP USERS TO BUY AND SELL MUSIC RELATED SERVICES ONLINE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR PLATFORM. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. The Company reserves the right to introduce any paid features and functionalities without giving any notice to you. You accept and acknowledge that any paid functionality will be governed by Payment, Cancellation and Refund provisions as outlined in this Agreement. We may access your account and the information that you have provided us, for support, maintenance or for any security-related or business reasons that we in our sole discretion deem fit. We reserve the right to immediately suspend or terminate your Account if we discover that you have provided inaccurate, fraudulent or incomplete information to us during your account registration process or anytime thereafter. Payments, Refunds, Order Cancellations and Account Termination Session Fees, Commission Payments and Chargebacks All music services / sessions fees on the Platform are quoted in USD and all Platform commissions are payable in accordance with this Agreement. There are no hidden charges and transaction costs. Buyers only pay the session fees and session extras that they order through the Platform and Sellers receive their session sales revenue less deduction of 20% Platform Commission. We reserve the right to modify any fees, commision payment, cancellation and refund policy at any time by amending these Terms. The Company uses secure Paypal payment processor to process all online payments and protect both Buyers and Sellers. To learn more about Paypal’s Seller and Buyer Protection please visit Paypal Safety and Security. Please note – By buying and selling sessions through our Platform, you further agree to abide by Paypal’s Legal Agreement. Disintermediation Users agree to make all payments relating to the sale and purchase of sessions and session extras through the Platform. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of Platform will constitute 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 including but not limited to suspending and/or banning your account. In the event of chargebacks and payment disputes, we will act on behalf of the Seller to resolve the dispute with Paypal Payment Processor. Although we cannot offer any guarantees that the dispute will be resolved in favor of the Seller and full or partial payment will be made to the Seller’s account, whenever possible we will take the steps in accordance with Paypal’s Seller Protection Policy to resolve disputes in favour of the Seller. Order Cancellations by Buyers, Sellers and Refunds
  • Buyers cannot unilaterally cancel an order if they simply change their mind after they order a session through the Platform. If Buyer changes their mind after ordering the session, they must contact the Seller to request a mutual cancellation of the order. The Seller may in his/her sole discretion accept the cancellation request. However, the Seller is not obligated to cancel an order where the Seller has already delivered the order deliverables or where the Seller has started work on the order. The Seller may refuse to accept Buyer’s cancellation and deliver the agreed upon work within the delivery timeframe. The Buyer will still be able to either mark the order as complete or request revisions. If no revisions are requested the order will be marked as complete automatically after 5 days, and the Seller will receive the session revenue after deduction of Platform Commission. The Parties can both review their experience.
  • Buyer may cancel an order if the Seller fails to deliver within the agreed delivery time frame. The Buyer will be entitled to a full refund under such circumstances. However, the Buyer is not entitled to any rights or claims in the work created by the Seller under such order. If the Buyer cancels an order, the Buyer does not have any rights or authorization to use Seller’s session / order deliverables in any context, medium or platform. The Seller will not receive any session revenue for time spent on such cancelled orders and retains all rights in his/her work.
  • Buyer may not cancel an order if the Seller has delivered the order deliverables and the Buyer is unhappy with the quality of order deliverables. The Buyer can request revisions and the Seller may revise the work but the order cannot be cancelled after delivery.
  • The Seller may cancel an order if the Seller is unable to deliver to create the order deliverable for any reason. The Buyer will receive the full refund in his/her account and the Seller will not receive any session revenue for such cancelled order.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.Mixtape Mall Account Termination
  • You may terminate your Mixtape Mall account by contacting us at support@MixtapeMall.com . We will provide you with instructions for terminating your account. Please take note that all your data stored on the your account will be automatically
removed upon termination of your account and you will not be able to reactivate your account and retrieve old data. We reserves the right to cancel or suspend your access to the Platform if:
  • We believe you have violated any provisions of this Agreement;
  • We believe that your conduct is harmful to the Company or any of its Users; or
  • We cease our business operations for any reason. Intellectual Property Unless expressly agreed otherwise, when purchasing a basic session the Buyer (subject to full payment) only receives a basic license to use the order deliverable from the Seller and the Buyer cannot use the order deliverable for any broadcasting purposes. If the Buyer intends to use the order deliverable for broadcasting purposes, the Buyer must also purchase the session extras (either at the time of placing the order or at a later stage) that grant the Buyer Full Broadcast Rights before using the order deliverables for any broadcasting purposes.Basic Session – Basic license When a Seller sells a basic session to the Buyer, the Buyer receives an exclusive, transferable, worldwide license to use the order deliverable for commercial or personal use on any streaming services including but not limited to Spotify, Pandora and physical copies of CD’s, or any other download services such as iTunes, CD Baby, but excluding any use for films and/or television. If the Buyer wishes to use the order deliverable for Film or Television, the Buyer must purchase the Full Broadcast License (“Buyout”) from the Seller.Session Extra – Full Broadcast license (“Buyout”)Once a Buyer purchases the Buyout (either at the time of purchasing the basic session or at a later stage) the Buyer will receive unrestricted, worldwide, royalty-free, fully paid, perpetual rights to the order deliverable and the Buyer can use the order deliverable for TV, movies or any other purposes without any limitation for television, movies etc provided the use is not for any purpose that may be deemed illegal, immoral or bring the Seller into disrepute.Additional Intellectual Property Agreements
  • As a User it is solely your responsibility to know your rights and obligations with regards to intellectual property you buy, sell or share with any other User through the Platform. We encourage all Users to clearly agree upon the licenses they wish to grant or buy from the other User. The Users can provide their own intellectual property rights agreements as well as confidentiality agreements through the Platform. Provided such agreements are not unlawful
or intended to disintermediate the Company by making payments outside the Platform, the Parties will be bound by such additional agreement they enter into with regards to intellectual property rights or any breach of confidentiality provisions. Seller’s Intellectual Property Seller retains all ownership/licenses in work that the Seller creates and which rights are not sold or licensed to any other User or a third party. By using the Platform Services and selling sessions and session extras through the Platform, the Seller represents and warrants to the Company that the Seller has all the requisite Intellectual Property Rights in any and all content uploaded, shared or sold by the Seller on the Platform as well as any content delivered by the Seller to the Buyer in any file format. User Generated Content User Generated Content (“Content”) refers to any and all content uploaded, posted, showcased or listed on the public areas of Platform by Users. We neither claim ownership of User Generated Content nor review / monitor such Content. By posting, submitting or contributing Content to the Platform, you expressly grant us irrevocable, royalty-free, worldwide, nonexclusive license to use, distribute, reproduce, modify, adapt, publish, display or share the Content that you uploaded, posted or publicly shared on the Platform for the promotion of the Platform or any other purposes that we in our sole discretion deem fit. You hereby waive any claims to future compensation arising from the Company’s use of your User Generated Content as outlined in this Agreement. All website visitors and Users understand that all User Generated Content is the sole responsibility of the User from whom such Content originated; that the Company will not be liable for any copyrights, trademarks or other intellectual property rights violations by any User or for any errors, omissions or inaccuracies in any User Generated Content. The Company cannot guarantee the identity of any other User on the Platform or the protection of any copyrighted work that becomes publicly available as a result of posting / listing / sharing any User Generated Content on the Platform or other third-party websites. Your use of User Generated Content is solely at your own risk. Please note that the Company does not endorse or recommend any User Generated Content and the you hereby expressly release the Company from any liability arising out of or associated with your use of any User Generated Content. Company’s intellectual property Except User Generated Content, all content available on Mixtape Mall 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. All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent 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 User Generated Content (where applicable) that you do not have rights and license to use. You understand that any unauthorized use of copyrighted work is strictly prohibited. We hereby grant you a limited, non-exclusive, non-transferable license to use the Platform Services in accordance with this Agreement. We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability. Confidentiality of Buyer’s Information The Seller agrees to hold all Buyer confidential information in strict confidence and only use such information for the purposes of order delivery. For the purposes of this agreement Confidential Information includes but is not limited to: written scripts, contracts or similar content provided by the Buyer to the Seller to enable the Seller to deliver the session as ordered by the Buyer. Confidential Information will not include any information which:
  1. is or becomes generally known to the public by any means other than a breach of the obligations of the Seller;
  2. was previously known to the Seller or rightly received by the Seller from a third party;
  3. is independently developed by the Seller;
  4. is subject to disclosure under court order or other lawful process; or
Seller agrees not to make Buyer’s confidential information available in any form to any third party or to use such Confidential Information for any purpose other than as specified in this Agreement. All Buyer confidential information shall remain the sole and exclusive property of the Buyer. Copyright Protection We respect copyrights of others and do not condone any violations of copyright laws. As a User you are under obligation not to upload, download, post, transmit, reproduce, re-publish, sell, resell or distribute or in any way access or make available any content that is protected by copyright laws without the the express permission to use such content from the authorized person. You may not use any copyrighted material on the Platform for any purpose other than for which you have full rights. If we find that our User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our Platform and take any other appropriate remedial actions that we in our sole discretion deem fit. If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Platform without your authorization, please contact us via email stated below of and provide us with the following information:
  • Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
  • 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 authorized by the owner to communicate with us with regard to the copyrighted work.Contact usemail: support@MixtapeMall.com Buyers and Sellers Obligations 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 agree that:
  • You will not impersonate another User;
  • You will conduct yourself in a professional manner;
  • You will not post any offensive, obscene, degrading, misleading text, images, videos,audios or any other media through the Platform;
  • You will ensure that you are aware of any applicable laws and regulations that apply toyou as Buyer or Seller;
  • You agree to pay all amounts due and payable by you to the Company by the payment method chosen by the Company;
  • You agree that 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 agree to provide only true and accurate information on your publicly visible profile;
  • You agree that you will not upload any false or misleading information on the Platform;
  • As a Seller, you agree to deliver the order deliverables to the Buyer within the delivery time frames and as per agreed order specifications;
  • As a Buyer, you take sole responsibility to review all files are in acceptable format at the time of delivery and before the order is marked as completed;
  • You will immediately notify us of any change in any information or any issues that you encounter during your use of the Platform Services;
  • In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute.
  • You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
  • You will note collect any information about other Users (including names, email addresses) for any purpose;
  • You will not reformat or frame any portion of the Platform without 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;
  • You will not copy or store any content offered on the Platform for other than your own use;
  • 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;Link to Third-Party Websites The Platform may include links to third party websites. If you click on any such link, you may be redirected to third-party websites that are neither owned nor operated by us. We do not review these third-party websites and assume no responsibility for any content available on such third-party website. We do not endorse nor make any representation about any third-party websites, or any content, products or services available therein, or the results of use of such third-party websites. You are advised to carefully review the terms and conditions and privacy policy of such third-party websites that govern your use of their services. Your
decision to access any of the third party website linked to our Platform is entirely at your own risk. Feedback We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how we can improve our Platform Services, please submit your feedback to email address given below. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you. Contact us email: support@MixtapeMall.com Maintenance The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Platform Services with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension. Modifications We are a technology Company and we are constantly adding new features and functionality to enhance our offering to you. We reserve the right in our sole discretion to introduce new features and functionality, modify existing features and amend any provision of this Agreement. Any changes in features and functionality of Platform Services will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this 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. Disclaimer WE SECURE THE SITE AND THE SITE IS ENCRYPTED UNDER HIGH SECURITY SERVICES TO HELP YOU AND YOUR MATERIALS TO BE SAFE. ALL SALE AGREEMENTS ARE BETWEEN BUYERS AND SELLERS ONLY. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE SALE AGREEMENT. ALL SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. OUR DEVELOPER TEAM IS WORKING AROUND THE CLOCK FOR YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF PLATFORM AND SERVICES PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. Limitation of Liability IN NO EVENT WILL THE COMPANY BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE SERVICES. 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. YOUR USE OF THE PLATFORM AND SERVICES OFFERED THEREIN IS SOLELY AT YOUR OWN RISK. IF NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY, OR ITS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES ARISING OUT OF ASSOCIATED WITH YOUR USE OF THE PLATFORM SERVICES OR THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL EXCEED $200. THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE PLATFORM SERVICES IN LOCATIONS OTHER THAN USA. Indemnity You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries and Users against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) the violation of these Terms by you, (ii) Your gross negligence or willful misconduct, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any third-party person or entity. (iv) the use of this Platform by you. California Civil Code Section 1542 Waiver You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with the use of Platform Services. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. Governing Law This Agreement shall be construed in accordance with the laws of the State of Virginia and USA. Any action or claims brought against the Company must be brought in the court of law with appropriate jurisdiction to rule upon the matter located in Virginia. No Class Action All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to your use of Services. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS. Entire Agreement These Terms, including the Privacy Policy which is incorporated herein by reference constitutes the entire understanding between you and the Company. Waiver Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company. Assignment The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express written consent of the Company. Severability If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement. Force Majeure Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), 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. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement without any notice.  

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