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Terms of Service

Version Effective Date: June 12, 2023
Thank you for using the Quick QR Art platform (the “Services”). These Terms of Service (the “Agreement”) explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully. Our privacy policy outlines how we handle your data here.
This Agreement is entered into by Pixel ML Inc. and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and govern the Customer's access to and use of the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of the Services, including the Community Guidelines below.

1. Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
Pixel ML reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.
We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Usage Requirements

(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with Pixel ML; (iv) except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) buy, sell, or transfer API keys without our prior consent; or (vi), send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by Pixel ML.
(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

Access to the Service via Discord

  • Users can access Services via the Discord, Applications or Website and access their Account by logging in to the Applications using their ID and their password.

Access to the Service via API

  • Users can access the Services via API.
  • The Company will provide the User with an API key for this purpose. It is expressly agreed between the parties that the integration of the API will be carried out by the User under its sole responsibility.
  • To this end, the Company undertakes to make available to the User all documents, elements, data, and information necessary for the integration.

Additional services

Maintenance

  • For the duration of the Services, the Users benefit from maintenance, in particular corrective and ongoing maintenance. Within this framework, access to Applications may be limited or suspended.
  • Concerning corrective maintenance, the Company shall make its best efforts to provide the User with corrective maintenance to correct any malfunction or bug found on Applications or API.
  • Concerning the ongoing maintenance, Users benefit for the duration of the Services from ongoing maintenance, which the Company may carry out automatically and without prior notice, and which includes improvements to the functionalities of the Applications or API and/or technical facilities used within the framework of Applications (aiming at introducing minor or major extensions).
  • Access to Applications or the API may also be limited or suspended for planned maintenance purposes, which may include the above-mentioned corrective and ongoing maintenance operations.

Hosting of the Applications and the API

  • The Company provides, under the terms of an obligation of means, the hosting of Applications and the API, as well as of the data produced and/or entered by/on the Applications, on its servers or via a professional hosting provider.

Technical assistance

  • The Company offers the User technical assistance accessible by email at the following address: [email protected], allowing him to declare any difficulty encountered when using the Services.

Hosting of the Applications and the API

The Company provides, under the terms of an obligation of means, the hosting of Applications and the API, as well as of the data produced and/or entered by/on the Applications, on its servers or via a professional hosting provider.

Duration of the Services

Access to Services via Discord, Applications & Websites

Desktop Applications

  • The User has access to Free Services for the period specified on the Website or Applications .
  • The User takes out a subscription to the Paid Services (the "Subscription").
  • The Subscription starts on the day of its subscription for one month (“Monthly Subscription”) or one year (“Annual Subscription”).
  • The Subscription is tacitly renewed for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the terms of the "Termination of Services" article.

Mobile Application

Subject to the terms and conditions of the Third Party Entity, Users subscribe to the Services as a Subscription under the same conditions as the Desktop Application described above.

Access to Services via API

Users can subscribe to the Services:
  • as a Subscription under the same conditions as the Desktop Application described above; or
  • in the form of a package “Pay as you go” (the “Package”).

Financial conditions

Prices

For the Desktop Application

  • Free Services are provided free of charge.
  • The prices of the Paid Services to which the User has subscribed are indicated at the following address: https://docs.quickqr.art/subscriptions/subscription-plans.
  • Any Period started is due to its completeness.
  • The Company is free to offer promotional offers or price reductions.
  • The Company's prices may be revised under the conditions of the article "Modification of the General Terms and Conditions".

For the Mobile Application

  • Free Services are provided free of charge.
  • The prices of the Paid Services to which the User has subscribed are indicated at the following address: https://docs.quickqr.art/subscriptions/subscription-plans.
  • The User acknowledges that these prices do not include the fees applied by Third Party Entity where appropriate.
  • Any Period started is due to its completeness.
  • The Company is free to offer promotional offers or price reductions.
  • Subject to the terms and conditions of the Third Party Entity, the Company's prices may be revised under the conditions of the article "Modification of the General Terms and Conditions".

For the API

  • The prices of the Paid Services to which the User has subscribed are indicated at the following address: https://docs.quickqr.art/apis/pricing
  • Any Period started is due to its completeness.
  • The Company is free to offer promotional offers or price reductions.
  • The Company's prices may be revised at any time under the conditions of the article "Modification of the General Terms and Conditions".

Company's invoicing and payment terms

For the Web & Desktop Application

The Company sends the User an invoice per Period by any useful means payable within 30 days of their issue.
Payment is made by direct debit when the Subscription is taken out, then at each renewal.
The direct debit is implemented by the secured payment service provider indicated on the Desktop Application, who the Company entrusts with the storage of the User’s bank data to this end. The Company doesn’t store any bank data.
The User guarantees to the Company that he/she has all the necessary authorizations to use this method of payment.

For the Mobile Application

Users are expressly informed and accept that all payments and Subscriptions made through the Mobile Application are handled by the Third-Party Entity.
Users contract directly with the Third-Party Entity, as regards the implementation of these payments, by accepting the Third-Party Entity’s general terms and conditions when they create their account.

For the API

As regards the Subscription, the Company sends the User an invoice per Period by any useful means, payable within 30 days of their issue.
Payment is made by direct debit when the Subscription is taken out, then at each renewal.
As regards the Package, the Company sends the User an invoice by any useful means, payable within 30 days of their issue.
Payment is made by direct debit.
The direct debit is implemented by the secured payment service provider indicated on the Website, who the Company entrusts with the storage of the User’s bank data to this end. The Company doesn’t store any bank data.
The User guarantees to the Company that he/she has all the necessary authorizations to use this method of payment.

Payment delays and incidents

In case of default or late payment, the Company reserves the right, from the day after the due date indicated on the corresponding invoice, to:
- declare that all sums owed to it by the Users are forfeited and immediately payable,
- immediately suspend the Services until all sums due have been paid in full,
- invoice to the Professional Users a late interest equal to 3 times the government legal interest rate, based on the amount of the sums not paid on the due date and a fixed indemnity of USD 50 for collection costs, without prejudice to additional compensation if the collection costs actually incurred are higher than this amount.

Property rights

The Applications, Website, and API are the Company’s property, as are the software, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, brands, etc.) provided by the Company. They are protected by all intellectual property rights or database producers’ rights in force. The license granted by the Company to the User does not entail any transfer of ownership.
The User benefits from a non-exclusive and non-transferable SaaS license to use the Applications and API for the term set out in the article “Term of the Services”.
Any party may use their respective names, brands, and logos and refer to their respective platforms as commercial references for the term of their contractual relationship and 3 years thereafter.

Regarding the quality of the Services

The Company undertakes to provide the Services with diligence, being specified that it is bound by an obligation of means.
The Company makes every effort to provide the User with quality Services. To this end, it regularly carries out checks to verify the operation and accessibility of its Services and may thus carry out maintenance under the conditions specified in the "Maintenance" article.
However, the Company shall not be liable for temporary difficulties or impossibilities of access to its Services caused by:
  • circumstances outside its network (and in particular the partial or total failure of the User's servers)
  • the failure of equipment, cabling, services, or networks not included in its Services or not under its responsibility,
  • the interruption of the Services due to telecom operators or Internet access providers,
  • the intervention of the User, in particular via a poor configuration applied to the Services,
  • a case of force majeure.
The Company is responsible for the operation of its servers, the external limits of which are constituted by the connection points.
Furthermore, it does not guarantee that the Services:
  • subject to constant research to improve performance and progress, will be totally free of errors, defects, or faults,
  • being standard and in no way offered according to the User's personal constraints, will specifically meet his needs and expectations. In particular, certain photographs or images of objects may not be compatible with Applications or the API. The Company cannot be held responsible for a defect in the quality of the montage or photos.
By using certain of the Services connecting to third-party sites or Third-Party Entity, Users agree to be bound by these third-party sites additional Terms of service (including their Privacy Policy) in connection with their use of such services.

Regarding the service level guarantee of the Applications and API

The Company does not offer any guarantee of the level of service of the Applications and API.
However, the Company makes its best efforts to maintain 24/7 access to Applications and the API except in the event of scheduled maintenance under the conditions defined in the "Maintenance" article or in the event of force majeure.

Regarding data backups on Applications or the API

The Company shall use its best efforts to back up any data stored on Applications or the API or any other data produced by/on Application or the API.
However, the Company shall not be liable for any loss of data, except in case of the Company’s proven faults.

Regarding data storage and security

The Company provides sufficient storage capacity for the use of the Services.
The Company makes its best efforts to ensure the security of the data by implementing measures to (i) protect its infrastructure and Applications or API, (ii) detect and prevent malicious acts, and (iii) recover data.

Regarding the downloading, creation, and storing of Content

The Company acts as a hosting provider for the Content that the User downloads, stores or produces. Consequently, it is not responsible for this Content.
If the Company receives a notification concerning an illicit Content, it will act promptly to remove it or make it impossible to access, and it may take the measures described in the article "Sanctions for default".

2. Age Requirements

By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.
Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.
Pixel ML tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.

3. Your Information

By using the Services, You may provide QuickQR.Art with personal information like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy can be found here.
In this section, Paid Member shall refer to a Customer who has subscribed to a paying plan.
Rights You give to Pixel ML
By using the Services, You grant to Pixel ML, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, and image prompts You input into the Services, or Assets produced by the service at Your direction. This license survives termination of this Agreement by any party, for any reason.
Your Rights
Subject to the above license, You own all Assets You create with the Services, provided they were created in accordance with this Agreement. This excludes upscaling the images of others, which images remain owned by the original Asset creators. QuickQR.Art makes no representations or warranties with respect to the current law that might apply to You. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership. However, You do not own the Assets if You fall under the exceptions below.
If You are an employee or owner of a company with more than $1,000,000 USD a year in gross revenue and You are using the Services on behalf of Your employer, You must purchase a “Pro” membership for every individual accessing the Services on Your behalf in order to own Assets You create. If You are not sure whether Your use qualifies as on behalf of Your employer, please assume it does.
If You are not a Paid Member, You don’t own the Assets You create. Instead, QuickQR.Art grants You a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”). The full text is accessible as of the Effective Date here: https://creativecommons.org/licenses/by-nc/4.0/legalcode.
Please note: QuickQR.Art is an open community which allows others to use and remix Your images and prompts whenever they are posted in a public setting. By default, Your images are publically viewable and remixable. As described above, You grant Pixel ML a license to allow this. If You purchase a "Pro" plan, You may bypass some of these public sharing defaults.
If You purchased the Stealth feature as part of Your “Pro” subscription or through the previously available add-on, we agree to make best efforts not to publish any Assets You make in any situation where you have engaged stealth mode in the Services.
Please be aware that any image You make in a shared or open space such as a Discord chatroom, is viewable by anyone in that chatroom, regardless of whether Stealth mode is engaged.

5. DMCA and Takedowns Policy

Notification Procedures
We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to [email protected] with the subject “Takedown Request,” and include the following:
  1. 1.
    Your physical or electronic signature.
  2. 2.
    Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  3. 3.
    Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
  4. 4.
    Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  5. 5.
    A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. 6.
    A statement that the information in the written notice is accurate.
  7. 7.
    A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  8. 8.
    If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.
You may also send notices containing the above-required information to the following Address:
Pixel ML, Inc. Attn: Takedowns Department 304 S. Jones Blvd #6898 Las Vegas, NV 89107
US
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:
  1. 1.
    Your physical or electronic signature.
  2. 2.
    An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. 3.
    Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  4. 4.
    A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  5. 5.
    A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
  6. 6.
    Our designated agent to receive counter notices is the same as the agent shown above.
  7. 7.
    The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.
  8. 8.
    Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.

6. Dispute Resolution and Governing Law

  1. 1.
    ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. Sorry for putting that in caps, but hopefully You read it carefully. We're talking about serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm.
  2. 2.
    The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").
  3. 3.
    The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
  4. 4.
    Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
  5. 5.
    The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
  6. 6.
    Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

7. Unlimited Service and Rate Limiting

If You purchase an unlimited plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers.

8. Payment and Billing

We may invoice You for Your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.
You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Any violation of Community Guidelines is a breach of this Agreement. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted in our sole discretion.

9. Community Guidelines

  1. 1.
    Be kind and respect each other and staff. Do not create images or use text prompts that are inherently disrespectful, aggressive, or otherwise abusive. Violence or harassment of any kind will not be tolerated.
  2. 2.
    No adult content or gore. Please avoid making visually shocking or disturbing content. We will block some text inputs automatically.
  3. 3.
    Sharing others’ creations. Do not publicly repost the creations of others without their permission.
  4. 4.
    You may not use the Services to generate images for political campaigns, or to try to influence the outcome of an election.
  5. 5.
    Be careful about sharing. It’s OK to share Your creations outside of the QuickQR.Art community but please consider how others might view Your content.
  6. 6.
    Banhammer. Any violations of these rules may lead to bans from our services. We are not a democracy. Behave respectfully or lose Your rights to use the Service.

10. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Company and its owners, officers, directors, employees agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees), resulting from or arising out of a) your use of or access to the Services, including your Account, or b) your violation of these Terms or any applicable law.

11. ASSUMPTION OF RISK, LIMITATION OF LIABILITY, AND DISCLAIMERS

Assumption of Risk
You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your access to or use of the Services.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MYQRCODE.COM WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00 OR THE AMOUNT YOU PAID TO US IN THE LAST THIRTY DAYS. THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, AND AFFILIATES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT (A) THE WEBSITE OR SERVICES WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED, (C) THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE WEBSITE AND SERVICES.
Application of Disclaimers
Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

14. Miscellaneous

  1. 1.
    Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
  2. 2.
    No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
  3. 3.
    Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
  4. 4.
    No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
  5. 5.
    Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy stuff.