Terms and Conditions

Terms and conditions of use

Last updated: September 3, 2023.

ACCEPTANCE OF OUR LEGAL CONDITIONS

We are a registered company.

We operate the ustiseli.com website (the “Site”) and other related products and services subject to these Terms of Service (the “Terms”) (collectively, the “Services”).

You can call us at 0203335783 or email us at support@ustiseli.com.

These Terms constitute a legally binding contract between you, personally or on behalf of an entity (“you”), regarding your access to and use of the Services. You acknowledge that by using the Services, you have read, understand and agree to all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOUR USE OF THE SERVICES IS EXPRESSLY PROHIBITED AND YOU MUST IMMEDIATELY CEASE USING THE SERVICES.

We will notify you in advance of any planned changes to the services you use. The revised terms will become effective when we post them or notify you by e-mail to notifications@ustiseli.com, as indicated in the e-mail. By continuing to use the services after the effective date of any changes, you agree to be bound by the revised terms.

The Services are intended for users 13 years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must obtain consent and be under the direct supervision of their parent or guardian to use the Services. If you are a minor, you must ask your parent or guardian to read and agree to these Terms before using the Services.

We recommend that you print a copy of these legal conditions for your own records.

VSEBINA

OUR SERVICES

INTELLECTUAL PROPERTY RIGHTS

USER STATEMENTS

PROHIBITED ACTIVITIES

USER CONTRIBUTIONS

CASSETTE LICENSES

THIRD-PARTY WEBSITES AND CONTENT.

ADVERTISING

SERVICE MANAGEMENT

PERSONAL DATA SECURITY POLICY

PERIOD OF VALIDITY AND EXPIRATION

OUR SERVICES

The information provided through the services is not intended for distribution or use by persons or entities in jurisdictions or countries where such distribution or use would be contrary to laws or regulations, or subject to registration requirements in such jurisdictions or countries. Those who choose to access the services from other locations do so at their own risk and are solely responsible for compliance with local laws, if any.

2. INTELLECTUAL PROPERTY RIGHTSIntellectual Property.
   We own or have licensed to you all intellectual property rights in our Services, including all source code, databases, features, software, web design, audio, video, text, photographic and graphic content on the Services (collectively, the “Content”) and the trademarks, service marks and logos displayed on the Services (the “Marks”).
   Our Content and Marks are protected by copyright and trademark laws (and other intellectual property and competition laws) and treaties in the United States and throughout the world.
   The Content and Marks are provided on the Services “as is” for personal, non-commercial or internal business use only.
   Use of our Services.
   Provided you comply with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• • access to services and
  • Download or print a copy of any part of the content that has been properly accessed,

3. solely for personal, non-commercial or internal professional use.
   Except as provided in this section or elsewhere in our Legal Terms of Use, you may not copy, reproduce, combine, republish, upload, post, publicly perform, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for commercial purposes without our prior written consent.
   If you wish to use the Services, Content or Marks in a manner not covered in this section or elsewhere in our Legal Terms, please send a request to :
   support@yahtony.com. If at any time we grant you permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owner or licensee of the Services, Content or Marks and ensure that any copyright or other proprietary rights notices appear or are visible when you post, reproduce or publicly display our Content.
   We reserve all rights not expressly granted to you in the Services, Content and Marks.
   Any infringement of these intellectual property rights will be considered a material breach of our legal terms and your right to use our Services will cease immediately.
   Your Submissions and Contributions
   Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our services so that you understand (a) the rights you grant us and (b) the obligations you assume when you post or upload content to the services.
   Submission of Content: by directly submitting a question, comment, suggestion, idea, opinion or other information through the Services (“Submitted Content”), you agree to assign to us all intellectual property rights in such Submitted Content. You agree that Submitted Content is our property and that we have the right to use and distribute it without restriction for any purpose, commercial or otherwise, without any obligation to credit or compensate you.
   Submissions: The Services may invite you to discuss, request or participate in blogs, chat rooms, online forums and other functions where you may create, submit, post, publish, display, upload, submit, distribute or disseminate content and materials to us or through the Services, including, but not limited to, text, writing, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information or other materials (“Submissions”). All Submissions posted are considered Contributions.
   You acknowledge that Submissions may be visible to other users of the Services and may also be visible on third party websites.
   By submitting Contributions, you grant us a license (including the use of your name, trademarks, and logo): By submitting Contributions, you grant us an unrestricted, perpetual, irrevocable, irrevocable, non-exclusive, transferable, royalty-free, fully paid, worldwide license to: – use and exploit your trademarks and names (including your trademarks and names): use, copy, reproduce, distribute, sell, resell, publish, transmit, subtitle, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part) and exploit the Submissions (including, without limitation, your image, name and voice) for commercial, advertising or other purposes, to prepare derivative works from the Submissions or to incorporate them into other works, and to sublicense the licenses granted in this section. Use and distribution may be in any form and through any media channel.
   This license includes the use of your name, business name and franchise name, if any, as well as all trademarks, service marks, trade names, personal and professional logos and images submitted by you.
   You are responsible for everything you post or upload: By submitting uploaded content and/or posting content submitted through any part of the Services, or making available content submitted through the Services, by linking your account through the Services to any social media accounts, you acknowledge that you have read and agree to our “PROHIBITED ACTIVITIES” and agree not to upload, post, upload or transmit through the Services any material that is unlawful, harassing, abusive, harmful, defamatory, obscene, threatening, intimidating, harassing, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or confusing; to the extent permitted by applicable law, waive all moral rights in such Submissions; warrant and represent that all Submissions are owned by you or that you have the necessary rights and licenses to make such Submissions and that you are fully authorized to grant us such rights in such Submissions; and warrant and represent that your Submissions do not constitute confidential information.
   You are solely responsible for your Submissions and you expressly agree to indemnify us for any damages incurred as a result of your violation of (a) this Section, (b) the intellectual property rights of any third party, or (c) applicable law.
   We may remove or edit your content: although we are not required to monitor content, we have the right to remove or edit any content at any time without notice if, in our reasonable opinion, such content is harmful or violates these Terms. If we remove or edit any content, we may also suspend or terminate your account and report it to the appropriate authorities.

3. User Declaration By using the Services, you represent and warrant that: (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside or, if you are a minor, you have obtained parental consent to use the Services; (4) you will not use the Services by automated or inhumane means, whether through robots, scripts, or otherwise; (5) you will not use the Services for illegal or unauthorized purposes; and (6) your use of the Services will not violate any applicable laws or regulations.
   If you provide any untrue, inaccurate, outdated or incomplete information, we 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. PROHIBITED ACTIVITIES
   You may not access or use the Services for purposes other than those for which they were made available. You may not use the Services in connection with any commercial activity unless we expressly support or approve such activity.
   As a user of the Services, you agree not to:

• • Systematically extract data or other content from the services to create or compile, directly or indirectly, a collection, compilation, database, or catalog without our written consent.
  • cheat, defraud, or deceive us or other users, particularly when attempting to obtain confidential information from your account, such as passwords.
  • Bypass, disable, or otherwise interfere with security features of the Services, including features that prevent or restrict the use or copying of any content or impose limits on the use of the Services and/or the content contained therein.
  • that, in our opinion, harms us, interferes with us and/or the services, or harms them in any other way.
  • Use information obtained from the services to harass, abuse, or harm another person.
  • Abusing our support services or falsely reporting abuse or misconduct.
  • Use the services in violation of any applicable law or regulation.
  • Make framing or unauthorized links to the services.
  • uploading or downloading (or attempting to upload or download) viruses, Trojan horses, or other items, including excessive use of capital letters and spamming (continuous sending of repetitive text), that interfere with a party’s use and continued use of the Services, or that alter, corrupt, interfere with, modify, or disrupt the use, functions, features, operation, or maintenance of the Services.
  • participate in any automated use of the system, such as the use of scripts to send comments or messages, or the use of data mining tools, robots, or similar data collection and extraction tools.
  • Remove copyright or other proprietary notices from any content.
  • Attempted impersonation or use of another user’s username.
  • uploading or downloading (or attempting to upload or download) any material that acts as a passive or active mechanism for collecting or transmitting information, including, but not limited to, graphic interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Disruption, interruption, or excessive load on services, network, or related services.
  • Harass, abuse, intimidate or threaten any of our employees or agents assigned to provide part of the services.
  • Attempts to circumvent any feature of the Services designed to prevent or restrict access to the Services or any part thereof.
  • Copy or modify the software of the services, including, but not limited to, Flash, PHP, HTML, JavaScript, or any other code.
  • to the extent permitted by applicable law, decrypt, decompile, disassemble or reverse engineer any computer application comprising or forming part of the Services. Except as may result from the use of a commonly used web browser or search engine, the use, publication, development, or distribution of any automated system, including but not limited to spiders, robots, deception tools, scrapers, or offline readers accessing the Services, or the use or execution of scripts or other unauthorized software.
  • The use of a purchasing agent or broker to make purchases under the service.
  • Unauthorized use of the Services, including electronic or other collection of user names and/or e-mail addresses for the purpose of sending unsolicited e-mail or creating user accounts, whether by automated means or under false pretenses.
  • Use the services to compete with us or use the services and/or content to earn money or engage in business.

5. The Services may encourage you to discuss, contribute to, or participate in blogs, chat rooms, online forums, and other functions, and may allow you to create, submit, post, upload, submit, perform, publish, distribute, or disseminate content and materials to us or through the Services, including, but not limited to, text, written, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Submitted Materials”). Submitted Materials may be visible to other users of the Services and to third-party websites. Accordingly, Submitted Materials may be treated as non-confidential and non-proprietary. By creating or sharing a Submission, you represent and warrant that:
   You do not infringe or violate any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights of any third party, by creating, distributing, transmitting, publicly displaying or performing, accessing, downloading or copying any Submission. You are the author and owner of the Submitted Content or have the necessary licenses, rights, consents, releases and permissions to allow us, the Services and other users of the Services to use the Submitted Content in the manner contemplated by the Services and these Terms. You have the permission, authorization, and/or written consent of any identifiable person appearing in your Submissions to use that identifiable person’s name or likeness to incorporate and use your Submissions in the manner contemplated by the Services and these Terms. Your Contributions are not false, misleading or deceptive. Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, indecent, violent, harassing, abusive, defamatory, or otherwise objectionable (in our opinion). Your contributions do not ridicule, mock, humiliate, intimidate or mistreat anyone. You do not use your publications to harass or threaten (in the legal sense) another person or to incite violence against a particular person or group of people. Your publications do not violate any applicable laws, regulations or rules. Your publications do not violate any third party’s right to privacy or publicity. Your content does not violate any applicable laws regarding child pornography or child health or welfare. Your contributions do not contain offensive comments about race, ethnic origin, gender, sexual orientation, or disability. Your contributions do not violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation.
   Any use of the Services in violation of the foregoing constitutes a violation of these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

6. PERMISSIONS FOR CONTRIBUTIONSBy submitting Contributions to any part of the Services, you automatically grant to us, and you represent and warrant that you have the right to grant to us, an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid-up, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, distribute, subtitle, archive, store, cache, use reproduce, disclose, sell, resell, publish, distribute, subtitle, archive, store, cache, transform, translate, transmit, extract (in whole or in part) and distribute such Submissions (including, without limitation, your image and voice) for commercial, advertising or other purposes, prepare derivative works from such Submissions or incorporate them into other works, and sublicense the foregoing. Use and distribution may be in any form and through any media channel.
   This license extends to all forms, media or technologies now known or hereafter developed and includes use by us of your name, business name and franchise name, if any, and all trademarks, service marks, trade names, personal and business logos and images provided by you. You waive all moral rights in your Submissions and warrant that moral rights in your Submissions have not been otherwise asserted.
   We do not claim any rights to your Contributions. You retain full ownership of all of your Contributions and all intellectual or other property rights associated with your Contributions. The Company is not responsible for any statements or representations contained in your Contributions and made by you in any part of the Services. You are solely responsible for your Submissions to the Services and you expressly agree to indemnify and hold the Company harmless from any legal action brought against us in connection with your Submissions.
   We reserve the right, in our sole discretion, to (1) edit, delete or otherwise change any Submission; (2) reclassify any Submission and place it in a more appropriate section of the Services; and (3) pre-screen or remove any Submission at any time and for any reason, without notice. We are under no obligation to monitor your Submissions.
7. THIRD PARTY SITES AND THIRD-PARTY CONTENT The Services may contain links to other web sites (“Third Party Sites”) and articles, photographs, text, graphics, images, designs, music, sounds, videos, information, applications, software and other content or materials owned or originated by third parties (“Third Party Content”). We do not review, monitor or verify the accuracy, adequacy or completeness of Third Party Sites or Third Party Content, and we are not responsible for Third Party Sites accessed through the Services or Third Party Content posted, made available or installed through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy or other policies of Third Party Sites or Third Party Content. Viewing, linking to, or authorizing the use or installation of Third Party Sites or Third Party Content does not imply endorsement of such sites or content. If you choose to leave the Services and access Third Party Sites or use or install Third Party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. You are responsible for reviewing the applicable terms and conditions, including privacy and data collection policies, of all websites that you access through the Services or that are linked to an application that you use or install through the Services. Purchases that you make on third party websites are made through other websites and other companies and we are not responsible for such purchases, which are solely between you and the third party. You agree and acknowledge that we do not promote any products or services offered on third party websites and you release us from any liability for any loss or damage resulting from your purchase of such products or services. You also release us from any liability for any loss or damage of any kind arising from third party content or your contact with third party websites.
   8. ADVERTISING WEBSITES.
   We allow advertisers to display their advertisements and other information in certain areas of the Services, such as the sidebar or banner ads. We merely provide space for these advertisements and have no other relationship with advertisers.
   9. MANAGEMENT OF THE SERVICES.
   We reserve the right, but not the obligation, to: (2) take appropriate action against any person who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to the appropriate law enforcement authorities; (3) in our sole discretion and without limitation, deny access to, restrict availability of, or disable (to the extent technologically feasible) any or all Submitted Content; (4) in our sole discretion and without limitation, notify you or, without liability, remove from the Services or otherwise disable files or content that are excessive or burdensome to our systems; and (5) operate the Services in a manner that protects our rights and property and ensures the proper functioning of the Services.

10. We are committed to protecting the confidentiality and security of your data. Please read our privacy policy: https://ustiseli.com/en/privacy-policy/.. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Services are hosted in Estonia. If you access the Services from another part of the world where laws or requirements other than those of Estonia apply to the collection, use or disclosure of your personal information, by continuing to use the Services you are transferring your information to Estonia and you expressly consent to the processing of your information in Estonia.
    11. VALIDITY AND TERMINATION.
    These Terms of Use will remain in effect for the duration of your use of the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR UNDER ANY LAW OR REGULATION. WE MAY, IN OUR SOLE DISCRETION, DISCONTINUE YOUR USE OF OR PARTICIPATION IN THE SERVICES, OR REMOVE ANY CONTENT OR INFORMATION POSTED BY YOU, AT ANY TIME AND WITHOUT NOTICE.
    In the event the Company terminates or suspends your account for any reason, you may not re-register or create a new account under your own name, fictitious or borrowed, or under the name of a third party, even if you are acting on behalf of such third party. In addition to account termination or suspension, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, or judicial action.
    12. CHANGES AND TERMINATION
    We reserve the right, at our sole discretion and without notice, to change, modify, add, or remove content from the Services at any time and for any reason. However, we are not obligated to update the information contained in our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.
    We cannot guarantee continuous availability of the services. We may experience hardware, software, or other problems, or be forced to perform maintenance on the services, which may cause interruptions, delays, or errors. We reserve the right to change, add, update, suspend, discontinue, or modify the services at any time and for any reason, without notice. You agree that we will not be liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during any suspension or interruption of the Services. Nothing contained in these Terms of Use shall be construed as an obligation on our part to maintain or support the Services or to provide patches, updates, or related releases.

13. LEY APLICABLEN These Terms of Use shall be governed by and construed in accordance with Polish law, which expressly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods. If you reside in the EU and are a consumer, you have additional protection under the laws applicable in the country where you reside. __________ and you agree to submit to the non-exclusive jurisdiction of the courts in Warsaw, which means that you may bring an action to protect your rights as a consumer in connection with these Terms of Use in Poland or in the EU country where you reside.
    14. DISPUTE RESOLUTION.
    Informal Negotiations.
    In order to expedite the resolution and control the costs of any dispute, controversy, or claim relating to these Terms of Use (a “Dispute” and, collectively, the “Disputes”) submitted by you or us (individually, a “Party” and, collectively, the “Parties”), the Parties agree to first attempt to informally negotiate on any Dispute (other than those Disputes expressly mentioned below) for at least thirty (30) days prior to the commencement of arbitration proceedings. Such informal negotiations shall be initiated upon written notice from one party to the other.
    Binding Arbitration.
    Any dispute arising between the parties with respect to these Terms of Use shall be resolved by an arbitrator selected in accordance with the Rules of Arbitration and the Rules of Procedure of the European Court of Arbitration, part of the European Arbitration Centre in Strasbourg, in force at the time of the request for arbitration, acceptance of which shall constitute acceptance of this clause. The seat of the arbitration will be Warsaw, Poland. The language of the proceedings will be English. The rules of Polish substantive law shall apply.
    Limits
    The parties agree that the arbitration will be limited to the dispute that concerns them individually. To the extent permitted by law: (a) the arbitration will not be cumulative with other proceedings; (b) there will be no right or power to class arbitration or class proceedings; and (c) there will be no right or power to present the dispute as a putative representative on behalf of the general public or any other person.
    Exceptions to informal hearings and arbitration
    The parties agree that the following disputes are not subject to the informal negotiation and binding arbitration provisions set forth above: (a) any dispute relating to the enforcement or protection of a party’s intellectual property rights or their validity; (b) any dispute relating to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any request for injunctive relief. If this provision is held to be illegal or unenforceable, neither party may submit to arbitration any dispute relating to this provision held to be illegal or unenforceable, but such dispute shall be resolved by a court of competent jurisdiction as set forth above, and the parties agree to submit to the personal jurisdiction of such court.

15. CORRECTIONS The Services may contain information with typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and other miscellaneous information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information contained in the Services at any time without notice.
    16. LEGAL NOTICE.
    THE SERVICES ARE PROVIDED “AS IS” AND ARE SUBJECT TO AVAILABILITY. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND THEIR USE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT OF THE SERVICES IS QUALITATIVELY OR QUANTITATIVELY ACCURATE OR COMPLETE, AND WE WILL NOT BE LIABLE FOR (1) ANY ERRORS, INACCURACIES OR OMISSIONS IN THE CONTENT AND MATERIALS, (2) ANY INJURIES OR DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN.
    (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONS TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED BY THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES, HYPERLINKS, WEBSITES, OR MOBILE APPLICATIONS THAT APPEAR IN BANNERS OR OTHER ADVERTISEMENTS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE IN ANY MANNER OR FOR ANY PURPOSE, YOU MUST EXERCISE DISCRETION AND CAUTION.

17. LIMITATION OF LIABILITY IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    18. INDEMNITY
    You agree to defend, indemnify, and hold harmless the Company, including its subsidiaries and affiliates, and all of its directors, agents, partners, and employees, from any loss, damage, liability, claim, demand, or cause of action, including reasonable attorneys’ fees and costs, asserted by any third party due to or arising out of (1) your Submissions; (2) your use of the Services; (3) your use of the Services; (4) your use of the Services; (5) your use of the Services; (6) your use of the Services; or (7) your failure to use the Services; (2) your use of the Services; (3) your violation of these Terms; (4) your breach of the representations and warranties set forth in these Terms; (5) your violation of any rights of any third party, including, without limitation, intellectual property rights; or (6) any activity that is harmful to other users of the Services with whom you have interacted through the Services. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to participate in the defense of such claims at your expense. We will use reasonable efforts to notify you of any claim, action or proceeding as soon as we become aware of it.
    19. USER INFORMATION.
    We will retain certain information provided by you to the Services in order to administer the operation of the Services, as well as information about your use of the Services. Although we will regularly retain your information, you are solely responsible for any information you provide to us or that relates to any activity you engage in using the Services. You agree that we will not be responsible for the loss or alteration of such information and you waive any right to claim against us arising from the loss or alteration of such information.
    20. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
    Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and through the Services satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND THE PROVISION OF ELECTRONIC VERSIONS OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under any laws, ordinances, rules, orders or regulations of any jurisdiction that require original signatures or the delivery or retention of documents in a form other than electronic or the execution of payments or extensions of credit in a form other than electronic.

21. MISCELLANEOUS These Terms and any operating policies or rules published by us on or in connection with the Services constitute the entire agreement and understanding between you and us. Your failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We will not be liable for any damages, delays or omissions resulting from causes beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is held to be illegal, void, or unenforceable, that provision or part of a provision will be deemed severable from the remaining provisions of these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. Nothing in these Terms creates a joint venture, partnership, employment or agency relationship between you and us by virtue of your use of the Services. You agree that these Terms may not be construed against us because they were drafted by us. You waive any objection based on the electronic form of these Terms and the fact that the parties have not signed a copy of these Terms.