We are
Mail-box.
We operate
the website
https://mail-box.cfd
(the
"
Site
"
)
,
the mobile application
Mail-Box
(the
"
App
"
)
, as well as any other related products and services that refer or link
to these legal terms (the
"
Legal Terms
"
) (collectively, the
"
Services
"
).
You can contact us by
email at
admin@mail-box.cfd
or submit a form on
contact page.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (
"
you
"
)
, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Legal Terms
from time to time
. We will alert you about any changes by updating the
"Last updated"
date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically review
these Legal Terms to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction
or country. Accordingly, those persons who choose to access the Services
from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the Services. You may not use the
Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the
"Content"
), as well as the trademarks, service marks, and logos contained therein
(the
"Marks"
).
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your
personal, non-commercial use
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITED ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable
license
to:
-
access the Services; and
-
download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your
personal, non-commercial use
.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please address
your request to:
__________
. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the
owners or licensors of the Services, Content, or Marks and ensure that
any copyright or proprietary notice appears or is visible on posting, reproducing,
or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
and contributions
Please review this section and the
"
PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights
you give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea, feedback,
or other information about the Services (
"Submissions"
), you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose, commercial
or otherwise, without acknowledgment or compensation to you.
Contributions:
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality during which
you may create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other material
(
"Contributions"
). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services
.
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and logos):
By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate
into other works, your Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur in any media
formats and through any media channels.
This
license
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions
and/or posting Contributions
through any part of the Services
or making Contributions accessible through the Services by linking your
account through the Services to any of your social networking accounts,
you:
-
confirm that you have read and agree with our
"
PROHIBITED ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the Services
any Submission
nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all moral rights
to any such Submission
and/or Contribution
;
-
warrant that any such Submission
and/or Contributions
are original to you or that you have the necessary rights and
licenses
to submit such Submissions
and/or Contributions
and that you have full authority to grant us the above-mentioned rights
in relation to your Submissions
and/or Contributions
; and
-
warrant and represent that your Submissions
and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to reimburse us for any and all losses that we
may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content:
Although we have no obligation to monitor any Contributions, we shall
have the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such Contributions,
we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
By using the Services, you represent and warrant that:
(
1
) all registration information you submit will be true, accurate, current,
and complete; (
2
) you will maintain the accuracy of such information and promptly update
such registration information as necessary;
(
3
) you have the legal capacity and you agree to comply with these Legal
Terms;
(
4
) you are not a minor in the jurisdiction in which you reside
; (
5
) you will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (
6
) you will not use the Services for any illegal or
unauthorized
purpose; and (
7
) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, 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).
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
-
PayPal
-
crypto
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree
to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at
any time. All payments shall be
in
US dollars
.
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such amounts upon placing
your order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve
the right to limit or prohibit orders that, in our sole
judgment
, appear to be placed by dealers, resellers, or distributors.
6.
POLICY
Please review our Return Policy posted on the Services prior to making
any purchases.
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used
in connection with any commercial
endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the Services to create
or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us.
-
Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
-
Circumvent, disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Services
and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
-
Use any information obtained from the Services in order to harass, abuse,
or harm another person.
-
Make improper use of our support services or submit false reports of abuse
or misconduct.
-
Use the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage in
unauthorized
framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with
any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
-
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete the copyright or other proprietary rights notice from any Content.
-
Attempt to impersonate another user or person or use the username of another
user.
-
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(
"gifs"
), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as
"spyware" or "passive collection mechanisms" or "pcms"
).
-
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
-
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
-
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
-
Copy or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
-
Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Services.
-
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any
unauthorized
script or other software.
-
Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any
unauthorized
use of the Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses
.
-
Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating
endeavor
or commercial enterprise.
-
Sell or otherwise transfer your profile.
8.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us
or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information
or other material (collectively,
"Contributions"
). Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be treated
as non-confidential and non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not
and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
-
You are the creator and owner of or have the necessary
licenses
, rights, consents, releases, and permissions to use and to
authorize
us, the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms.
-
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
-
Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of solicitation.
-
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing,
libelous
, slanderous, or otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
-
Your Contributions are not used to harass or threaten (in the legal sense
of those terms) any other person and to promote violence against a specific
person or class of people.
-
Your Contributions do not violate any applicable law, regulation, or rule.
-
Your Contributions do not violate the privacy or publicity rights of any
third party.
-
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
-
Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
-
Your Contributions do not otherwise 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 violates these Legal
Terms and may result in, among other things, termination or suspension
of your rights to use the Services.
By posting your Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and
license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant
and
authorize sublicenses
of the foregoing. The use and distribution may occur in any media formats
and through any media channels.
This
license
will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You waive all moral rights
in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to
re-categorize
any Contributions to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your Contributions.
10.
MOBILE APPLICATION
LICENSE
Use
License
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App
on wireless electronic devices owned or controlled by you, and to access
and use the App on such devices strictly in accordance with the terms and
conditions of this mobile application
license
contained in these Legal Terms. You shall not: (1) except as permitted
by applicable law, decompile, reverse engineer, disassemble, attempt to
derive the source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from
the App; (3) violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure any proprietary
notice (including any notice of copyright or trademark) posted by us or
the licensors of the App; (5) use the App for any revenue-generating
endeavor
, commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the App available over a network or other environment
permitting access or use by multiple devices or users at the same time;
(7) use the App for creating a product, service, or software that is, directly
or indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or
any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an
"App Distributor"
) to access the Services: (1) the
license
granted to you for our App is limited to a non-transferable
license
to use the application on a device that
utilizes
the Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s terms
of service; (2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions
of this mobile application
license
contained in these Legal Terms or as otherwise required under applicable
law, and you acknowledge that each App Distributor has no obligation whatsoever
to furnish any maintenance and support services with respect to the App;
(3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor,
in accordance with its terms and policies, may refund the purchase price,
if any, paid for the App, and to the maximum extent permitted by applicable
law, the App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i) you are
not located in a country that is subject to a US government embargo, or
that has been designated by the US government as a
"terrorist supporting"
country and (ii) you are not listed on any US government list of prohibited
or restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g.
,
if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the
terms and conditions in this mobile application
license
contained in these Legal Terms, and that each App Distributor will have
the right (and will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application
license
contained in these Legal Terms against you as a third-party beneficiary
thereof.
11.
ADVERTISERS
We allow advertisers to display their advertisements and other information
in certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
12.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
13.
PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy page.
. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services
are hosted in
the
United States
. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the
United States
, then through your continued use of the Services, you are transferring
your data to
the
United States
, and you expressly consent to have your data transferred to and processed
in
the
United States
.
14.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify us using the contact
information provided below (a
"Notification"
). A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Services infringes your copyright,
you should consider first contacting an attorney.
15.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection
therewith.
17.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed
in accordance with the laws of
the State of
California
applicable to agreements made and to be entirely performed within
the State of
California
,
without regard to its conflict of law principles.
18.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
) brought by either you or us (individually, a
"Party" and collectively, the "Parties"
), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
3 days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including
any question regarding its existence, validity, or termination, shall be
referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number of
arbitrators shall be
3
. The seat, or legal place, or arbitration shall be
3
. The language of the proceedings shall be
English
. The governing law of these Legal Terms shall be substantive law of Brithsh
.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a class-action
basis or to
utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of,
any of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy,
or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
19.
CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT
OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR 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 LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to
or arising out of:
(1) your Contributions;
(
2
) use of the Services; (
3
) breach of these Legal Terms; (
4
) any breach of your representations and warranties set forth in these
Legal Terms; (
5
) your violation of the rights of a third party, including but not limited
to intellectual property rights; or (
6
) any overt harmful act toward any other user of the Services with whom
you connected via the Services. Notwithstanding the foregoing, 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 cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
23.
USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data relating
to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments
or the granting of credits by any means other than electronic means.
25.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
26.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver
of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
27.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
admin@mail-box.cfd