Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Studypass’s Website, located at www.studypass.co.za.
By accessing this website we assume you accept these terms and conditions. Do not continue to use www.studypass.co.za if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
STUDYPASS COPYRIGHT GUIDELINES FOR STUDENTS
In order to upload and sell your notes on our website, we urge you to carefully read through the below information on the importance of respecting copyright law.
What does the term ‘copyright’ refer to?
Every author has a legal right to their original works and have control over who, where and how it is published, printed, performed or filmed. This refers to the author’s copyright over literary works.
Why is copyright in place?
Copyright protects an author’s works from being copied and published by someone else under a different name. Copyright laws aim to prevent unauthorised use or replication of original works. This forces fellow authors to use their imagination and come up with their own original ideas.
How is copyright put in place?
The moment you create an original work, copyright law is automatically and freely applied. You automatically own the full rights to the use and redistribution of your original work. If you intend on publishing original works, it is recommended that your full name and a date is declared on your documents to show ownership. The correct format begins with the © sign, the date and your name. This applies to any published work – both digital and print.
Which specific rights fall under copyright?
The right to publish work
Publishing works refers to the printing of a book, television show broadcasts or releasing new music. It also applies to uploading videos onto YouTube or other streaming platforms. In simple terms it is publicising one’s original works through publishing, printing, broadcasting, filming, performing, selling or uploading.
The right to recreate work
Also referred to as reproducing or duplicating, this is copying someone else’s work as if it had been cloned. It does not have to be identical to the original but must exhibit clear similarities. Even partially editing an original work is considered a copyright infringement. For example remixing a song or making a movie adaptation of a novel, requires permission from the originator.
A lot of work, time, energy, money and passion goes into creating original works. One must always look at the ethics of replicating or editing original works without the originator’s permission.
What does not fall under copyright law?
It is not acceptable to reproduce original works, however, the ideas or concepts the works are built on are not protected by copyright. For example, it is not acceptable to replicate an algebra textbook word for word. However, because algebra deals with set formulas and rules, anyone is allowed to create their own original algebra textbook.
Do I always have to get the author’s permission first?
If you plan on replicating or editing the work, then yes, the creator’s permission is required. However if you are quoting a written work in your own works (and using proper citation/credits), permission is not required.
How does STUDYPASS apply copyright law?
No student is allowed to plagiarise original works. You may only upload your summaries/notes to our site on condition it is YOUR original work and is not in any way plagiarised. It is therefore not acceptable to upload a scanned copy of a textbook, someone else’s notes or a lecturer’s notes onto our site.
By uploading your work on our website, you retain all rights over the redistribution of said document. We are not responsible or liable for the content within the document or the sale of documents.
Tips for summarising textbooks without plagiarising?
- Your notes are not in any way a direct copy or a scan of an original work
- When/if quoting original works, you have used citations that adhere to APA guidelines.
- The document is entirely written in your OWN words
- Making citations when paraphrasing
- A clear bibliography or list of sources
- Changing the structure and layout of sentences or paragraphs
By uploading a document to our website, you agree that you are ultimately legally responsible for any copyright infringements within your documents.
Plagiarism prevention 101:
The moment you copy someone’s work without citing the source, you have committed plagiarism. This can easily be avoided by writing the text in your own words. Not only is this ethical, it is also the best way to learn! Describing a source in your own words demonstrates you understand the concepts being discussed and help you retain information.
A good tip would be to read text once or twice, put your book away and then write a summary of what you understand without looking at the text directly (unless you need substatiantive quotes).
When using images downloaded from the internet in your document, ensure you are using unlicensed images that are free for public use. If you need to use a licensed image, request the photographer’s permission and/or cite the source.
You may hyperlink to copyrighted works on condition they have been published and made freely available to all.
Copyright Infringements & Take Down Notices
If you feel a student has violated copyright law or if your original work has been reproduced without permission, we invite you to lodge a claim with us. Please fill out the request form and our team will review the information provided.
Terms & Conditions of Use of STUDYPASS
We urge you to carefully read through our terms and conditions of use if you wish to upload your notes/summaries onto our website.
Account: Each User is required to create an Account on the Platform in order to upload or download Documents.
Content: any text, images or information placed on the site by STUDYPASS including website layout, branding, logo and images.
Documents: the summaries or notes uploaded by the User on the Platform.
Platform: the Platform can be found at www.studypass.com upon which you can choose to upload or purchase summaries/study notes.
User: a user refers to both the seller uploading Documents to the Platform for sale as well as the individuals purchasing the Documents.
- Who do these Terms and Conditions apply to?
The terms and conditions herein shall apply to any and all Users of STUDYPASS.
STUDYPASS reserves the right to amend the terms and conditions of use without notice. Terms and conditions must be accepted in order for you to create an Account on the Platform. Where terms and conditions change after an Account has been created, you inexorably accept the amended terms and conditions. If you do not agree with the amended terms and conditions you will need to cease using the Platform and delete your Account.
In order to upload Documents or purchase Documents, it is a requirement that you create an Account on our website. It is your responsibility that all the information furnished is correct and complete. When creating an Account, you are required to create a username and password to safeguard your Account.
No student under the age of 18 is permitted to upload or download documents from our website. We cater exclusively to tertiary students.
It is your responsibility to regularly update your Account information, including your banking details. We are not liable for defaults on payments if banking details are not up to date or incorrect.
Your information will be safely stored and used in accordance with our privacy statement.
Please keep your username and password confidential. You are liable for any Documents uploaded under your Account.
We are allowed to change or shut down the site at any time without notice.
We reserve the right to make necessary amendments to registration procedures, requirements or our terms without prior notice.
Should your account be accessed by unauthorised persons or third parties, STUDYPASS cannot be held liable for damages. By creating an Account, you agree to the risks.
- Purpose of the Platform
STUDYPASS’s purpose is the exchange of original summaries and study notes between Users. STUDYPASS do not have any involvement in or knowledge of the contents of the Documents. It is your responsibility to ensure the Document uploaded has no copyright infringement and we accept no liability for Documents uploaded on our Platform.
- Uploading Documents
Our Platform allows you to upload Documents that other Users can purchase to download.
The Document format requirements will be clearly stated upon registration and must be strictly adhered to.
The User retains full rights to their original Documents and can decide how the Documents is to be used on the Platform.
By uploading your Documents to STUDYPASS, you guarantee that the contents of the Documents are written in your own words and reflect your own understanding of the subject matter.
If your Documents include works protected by Intellectual Property Laws, you are required to provide the creator’s consent.
2. Downloading Documents
All Users whose intention it is to download Documents from the website are required to create an Account in order to do so.
The downloaded Documents will remain accessible to you until such time as you delete it. In such instances, you will need to repurchase/download the files.
Payment must be made prior to downloading the Documents.
A refund will only be issued on condition that the User is unable to download the Document OR if there is demonstrable evidence the Document is defective due to a system error.
- Pricing and Payments
If you plan on uploading Documents for sale on our Platform, you must set a reasonable price for your Documents. When a User chooses to purchase your Documents, you are entering into a sales agreement with the User, of which STUDYPASS is not a part of. STUDYPASS is the middleman, offering a Platform upon which to upload and get paid for your Documents.
Payments are facilitated through PayFast.
STUDYPASS will deduct service fees from each transaction and pay the balance to the seller upon successful transaction.
Users selling their Documents on our Platform are solely responsible for income tax declarations.
- Take Down Notices
If we receive a complaint that your Documents breach copyright laws, we act swiftly to notify you that your Document is to be removed from our website.
Infringement notices should include the following information:
- URL to the Document in question
- Written statement that your original work has been copied and reasons/evidence why
- Your contact information
- Proof you hold the rights to the work(s) in question
If a copyright violation is not evident or founded on evidence, we reserve the right to deny the request.
STUDYPASS will not be a liaison between the User and Originator. The Originator must deal with the User directly to resolve disputes once the work has been removed from the site. We reiterate we are a platform and are not liable for any of the Documents Users upload to the site.
STUDYPASS is only liable for the following direct damages:
- If goods are physically damaged
- Reasonable costs incurred in order to investigate the cause of damage/direct liability
- Illegal Works and Benefits
Legality is very difficult to determine as each country has their own laws pertaining to copyright, intellectual property and ecommerce. As a result, we’ve designed our policies to make sense for a global market, not just in one location.
Below is a list of the works we will NOT allow to be uploaded or sold anywhere on STUDYPASS. In some cases, we will report accounts posting illegal works and work with law enforcement to identify the source. Benefits from works that are BANNED are:
- Images or depictions of a sexual nature
- Images of human or animal abuse
- Images or depictions of graphic violence
- Access to betting or gambling products or services
For benefits that infringe on intellectual property rights, please refer to our Copyright policy.
This copyright policy and our terms and conditions are not exhaustive. They are subject to change in the future as technologies evolve, laws change etc. If you are in any doubt about the contents shared in any of the study notes uploaded to StudyPass, please contact our Trust and Safety team using this form (link to form). We are always happy to assist you.
Unless otherwise stated, Studypass and/or its licensors own the intellectual property rights for all material on www.studypass.co.za. All intellectual property rights are reserved. You may access this from www.studypass.co.za for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from www.studypass.co.za
- Sell, rent or sub-license material from www.studypass.co.za
- Reproduce, duplicate or copy material from www.studypass.co.za
- Redistribute content from www.studypass.co.za
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Studypass does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Studypass,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Studypass shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Studypass reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Studypass a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Studypass; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to info@Studypass.co.za. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Studypass’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on this Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Refund Policy. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.