This agreement is between Bazzigate
(“Bazzigate”) and users of Bazzigate products, services, and websites (“You”).
YOUR ACCEPTANCE
By installing, using, or accessing Bazzigate
products, services, or websites (collectively the “Service”) You signify your
agreement to (1) these terms and conditions (the “Terms of Service”), (2) Bazzigate
Privacy Policy.
Bazzigate may, in its sole
discretion, modify or revise the Terms of Service at any time, and You agree to
be bound by such modifications or revisions.
GENERAL USE OF THE SERVICE
Bazzigate grants You permission to
access and use the Service as set forth in the Terms of Service, provided that:
1. You agree
not to alter or modify any part of the Service.
2. You agree
not to use the Service for any of the following commercial uses unless you
obtain Bazzigate prior written approval:
a. the sale of
access to the Service; or
b. the sale of
advertising, sponsorships, or promotions placed on or within the Service,
including any content shared on the Service.
3. In your use
of the Service, You will comply with all applicable laws.
4. Bazzigate
reserves the right to discontinue any aspect of the Service at any time.
YOUR USE OF CONTENT
In addition to the general
restrictions above, the following restrictions and conditions apply
specifically to your use of Bazzigate content (“Content”):
1. Content on
the Service, and the trademarks, service marks and logos on the Service, are
owned by or licensed to Bazzigate, subject to copyright and other intellectual
property rights under the law.
2. You may
access Content for your personal use solely as intended through the provided
functionality of the Service and as permitted under the Terms of Service. You
shall not copy, distribute, broadcast, sell, license, or otherwise exploit any
Content for any other purposes without the prior written consent of Bazzigate
or the respective licensors of the Content. Bazzigate and its licensors reserve
all rights not expressly granted in and to the Service and the Content.
3. You agree
not to circumvent, disable or otherwise interfere with security-related
features of the Service or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Service or the Content
therein.
4. You
understand and acknowledge that You may be exposed to Content that is
inaccurate, offensive, indecent, or objectionable, and You agree to waive, and
hereby do waive, any legal or equitable rights or remedies You have or may have
against Bazzigate with respect thereto, and, to the extent permitted by
applicable law, agree to indemnify and hold harmless Bazzigate, its owners,
operators, affiliates, licensors, and licensees to the fullest extent allowed
by law regarding all matters related to your use of the Service.
BILLING
If You purchase products or
services directly from Bazzigate, you authorize Bazzigate to charge You the
applicable fees, including any ongoing charges for subscription renewals,
through the designated payment method. You understand and acknowledge that Bazzigate
may adjust the pricing for its products and services in the future and that You
will be charged such adjusted fees on a going forward-basis after notice to You
from Bazzigate. If You purchase a subscription from Bazzigate, your
subscription will automatically renew at the end of each subscription term
until You cancel the subscription. If You cancel a subscription, Your
subscription will terminate at the end of Your current subscription period. You
acknowledge that any payments You make to Bazzigate are non-refundable. Bazzigate
may, at its discretion, provide You with a credit or refund, but such issuance
of a credit or refund does not obligate Bazzigate to provide You credits or
refunds in the future.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE
SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BAZZIGATE
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. BAZZIGATE ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF BAZZIGATE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE
AVAILABLE VIA THE SERVICE. BAZZIGATE DOES NOT ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BAZZIGATE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BAZZIGATE, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF BAZZIGATE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE
SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BAZZIGATE
SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
INDEMNITY
To the extent permitted by
applicable law, You agree to defend, indemnify and hold harmless Bazzigate, its
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, and expenses (including but not
limited to attorney’s fees) arising from: (i) your use of and access to the
Service; (ii) your violation of any term of the Terms of Service; (iii) your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that your Content caused damage
to a third party. This defense and indemnification obligation will survive the
Terms of Service and your use of the Service.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either 13
years of age or older, an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into and comply
with the terms, conditions, obligations, affirmations, representations, and
warranties set forth in the Terms of Service.
ASSIGNMENT
The Terms of Service, and any
rights and licenses granted hereunder, may not be transferred or assigned by
You, but may be assigned by Bazzigate without restriction.