ABRACAPP Terms of Service, Data Policy and Rules are all parts of the exclusive agreement between ABRACAPP and you regarding ABRACAPP Services.
The English version of ABRACAPP Terms of Service, Data Policy and Rules is the sole that holds legal value.
ABRACAPP Terms of Service
These Terms of Service are effective on 20 May 2018.
The English version of those Terms is the sole that holds legal value.
These Terms of Service ("Terms") govern your access to and use of the ABRACAPP services, including but not only, our websites, SMS, APIs, email notifications, applications including mobile applications, buttons, and widgets, and ads (the "Services", “SERVICES” or “ABRACAPP”), and your access to and use of any Information such as for example private information, location information, user generated content, texts, graphics, photos, data, files, usernames, hashtags, images, graphs, profiles audio, video, sounds, musical works, works of authorship, applications, links or other contents or materials uploaded, downloaded, posted, displayed, submitted or appearing on the Services (collectively referred in these Terms of Service to as "Content" or “CONTENT”). By accessing or using the Services you agree to be bound by these Terms and the acceptance and compliance with this Terms is a precondition to your access and use of the Services.
These Terms affect your legal rights and obligations. If you do not agree to be bound by all these Terms, do not access or use the Services.
There may be times when ABRACAPP offers a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases the terms specific to the special feature control to the extent there is a conflict with these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you provide to the Services, and for any consequence thereof. Other user of the Services and other individuals, bodies, organizations, institutions, systems directly and also through third party services and websites can view the Content you submit, post or display. You will only provide Content that you accept to share with others under these Terms.
You may use the Services only if you can form a binding contract with ABRACAPP and are not barred from accessing, using or receiving services under the laws of the United Kingdom or other applicable jurisdiction. By accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. The use of the Services is allowed only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
ABRACAPP reserves the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time and without liability to you.
The Services that ABRACAPP provides may change in form and kind periodically without prior notice to you. ABRACAPP may also stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally with or without prior notice. ABRACAPP maintains the right to create limits on use and storage at its sole exclusive discretion at any time without prior notice to you.
ABRACAPP reserves the right to refuse access to the Services to anyone for any reason at any time without liability to the one or ones to whom the access is refused.
ABRACAPP reserves the right to cancel and/or force forfeiture of any username for any reason.
ABRACAPP reserves the right to cancel and/or force forfeiture of any hashtag for any reason.
You agree your correspondence and business dealings with third parties found through the Services are solely between you and the third party.
You agree that you are responsible for all data charges you incur through use of the Services.
The Services may contain advertisements, possibly targeted to the Content, queries made through the Services, or other information. The nature of advertising on the Services may change. Also for ABRACAPP granting you access to and use of the Services, you agree that ABRACAPP and its third party providers and partners may place such advertising on the Services and/or together with the display of Content or any information from the Services.
2. Data Policy
ABRACAPP Data Policy (the “Data Policy”) describes how ABRACAPP process the Information you supply to ABRACAPP. 3. Passwords
You are responsible for keeping secret and secure the password that you use to access the Services and for any activities or actions under your password. We suggest you to use "strong" passwords (with some length, complexity and unpredictability) with your account. ABRACAPP cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
The person who originated the Content, publicly or privately posted or transmitted, is the sole responsible for such Content. ABRACAPP cannot and will not take responsibility for such Content and ABRACAPP may not monitor or control the Content posted via the Services. You agree that any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
ABRACAPP do not validate, endorse, support, embody, represent or guarantee the integrity, completeness, truthfulness, fairness, accuracy, or reliability of any Content , information or communications submitted via the Services or endorse, validate, embody, support or guarantee any opinions expressed via the Services. You accept that by using the Services, you may encounter or enter in contact with Content that might be offensive, harmful, inaccurate, unfair, unethical or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive or even fraudulent. Under no circumstances will ABRACAPP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcasted elsewhere.
There will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
ABRACAPP reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by ABRACAPP, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
ABRACAPP will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
5. Your rights
You maintain your rights to any Content you submit, post or display on or via the Services. By submitting, posting or displaying Content on or via the Services, you grant ABRACAPP a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You accept and approve that this license includes the right for ABRACAPP to make Content submitted to or via the Services available to other companies, organizations, bodies, institutions, systems or individuals for the syndication, broadcast, distribution or publication of such Content elsewhere. ABRACAPP encourages and permits broad re-use of Content.
You agree that you may not be compensated in any forms by ABRACAPP or other companies, organizations or individuals for such additional uses of the Content that you submit, post, transmit or otherwise make available through the Services.
Except as otherwise described in the Data Policy as between you and ABRACAPP, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with ABRACAPP is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place ABRACAPP in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of ABRACAPP, and ABRACAPP will not be liable for any use or disclosure of any Content you provide.
You accept that your Content may be modified in order to transmit, display or distribute it and/or adapt your Content to conform and comply that Content to any requirements or limitations of any networks, devices, services or media.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights and licenses granted herein to any Content that you submit on or through the Services, otherwise by submitting it you may be subject to liability. You represent and warrant that the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services. You represent and warrant that you have the legal right and capacity to enter into these Terms in your jurisdiction. You accept that you are responsible for your use of the Services, for any Content you submit, and for any consequences thereof, including the use of your Content by other users and our third party partners. You accept that your Content may be syndicated, broadcasted, distributed, or published by other users and our partners ABRACAPP cannot and will not be responsible or liable for any use of your Content.
6. Your license to use the Services
For the sole purpose of enabling you to use the Services under these Terms and in the way allowed ABRACAPP gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by ABRACAPP as part of the Services.
7. ABRACAPP rights
ABRACAPP and its licensors have now and for the future the exclusive property of all right, title and interest in and to the Services (excluding Content provided by users). The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in these Terms or anywhere else gives you a right to use the ABRACAPP name or any of the ABRACAPP trademarks, logos, domain names, and other distinctive brand features. ABRACAPP does not solicit materials or ideas, and takes no responsibility for any materials or ideas so transmitted. Any idea, advice, contribution, content, information, suggestions, or other materials for any purposes whatsoever, including, without limitation, developing and marketing products and services you may provide regarding ABRACAPP, or the Services is entirely voluntary and you further agree that we will be free to use such idea, advice or
contribution, content, information, suggestions, or other materials as we see fit and without any obligation, liability or payment of any kind to you.
8. Restrictions on Content and use of the Services
The ABRACAPP Rules are part of these Terms. You accept that ABRACAPP has and will retain the right at all times (but without the obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames and/or hashtags without liability to you. You also accept that ABRACAPP has and will retain the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ABRACAPP, its users and the public.
You are not allowed to: (i) access, use, manipulate non-public areas of the Services, ABRACAPP’s computer systems, or the technical delivery systems of ABRACAPP’s providers; (ii) probe, scan, test or attempt to probe, scan or test the vulnerability of any system or network or breach or attempt to breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ABRACAPP (and only pursuant to those Terms), unless you have been specifically allowed to do so in a separate agreement with ABRACAPP (scraping the Services without the prior consent of ABRACAPP is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright policy
Should you trust that your Content has been copied in a way that infringes copyright, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, a proof of address, telephone number, and an email address; (v) a signed statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a signed statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
ABRACAPP maintains the right to remove obscure or cancel at any time, without prior notice, at ABRACAPP sole discretion and without liability to you, Content alleged to be infringing copyright or that could be infringing copyright. ABRACAPP also maintain the right to, at ABRACAPP sole discretion, terminate, without liability to the user, a user’s account if the user is determined at ABRACAPP sole judgement to be a repeat infringer or alleged infringer.
Contacts: email firstname.lastname@example.org
10. Ending these Terms
The Terms will continue to apply until terminated by either you or ABRACAPP as follows.
You may end your legal agreement with ABRACAPP at any time for any reason by closing your accounts and discontinuing your use of the Services.
ABRACAPP retain at his sole discretion the right of closing accounts due to prolonged inactivity without notice. ABRACAPP also retain the right to suspend or terminate at his sole discretion without notice your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if ABRACAPP reasonably believes: (i) you have violated these Terms or the ABRACAPP Rules, (ii) you create risk or possible legal exposure for ABRACAPP; or (iii) that are no longer commercially viable.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
In any case ABRACAPP retains the rights to change, limit or stop the provision of the Services without prior notice, at ABRACAPP sole discretion, as provided above in section 1.
11.Disclaimers and limitations of liability
The following section limits the liability of ABRACAPP and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, managers, agents, representatives, partners, and licensors (collectively, the “ABRACAPP Entities”, the “ENTITIES” or the “Entities”). Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
This section applies up to the maximum extent permitted under applicable law.
A. Disclaimer of warranties
You understand and agree that your access to and use of the Services or any Content are at your own risk. You understand and agree that the SERVICES, INCLUDING, WITHOUT LIMITATION, ABRACAPP CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ABRACAPP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ABRACAPP ENTITIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ABRACAPP OR VIA THE SERVICES.
The ABRACAPP Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, integrity, availability, timeliness, security, vulnerability or reliability of the Services or any Content; (ii) any harm to your computer system or other systems, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure, inaccuracy, confusion to store or to transmit, or the loss of any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written or in any form directly or indirectly transmitted, obtained from the ABRACAPP Entities or through the Services, will create any warranty not expressly made herein.
THE ABRACAPP ENTITIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ABRACAPP ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE ABRACAPP ENTITIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ABRACAPP ENTITIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE ABRACAPP ENTITIES PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
You understand and agree that the Services may contain links to third-party websites or resources. You acknowledge and agree that the ABRACAPP Entities are not responsible or liable for: (i) the availability, security or accuracy of such websites or resources or any harm to your computer system or other systems; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the ABRACAPP Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge and agree for sole responsibility for and understand and assume all risk arising from your use of any such websites or resources. You also acknowledge and agree for sole responsibility for and understand and assume all risks arising from your transmission of the links and such website and resources.
C. Limitation of liability, waiver
UNDER NO CIRCUMSTANCES WILL THE ABRACAPP ENTITIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE ABRACAPP ENTITIES CONTENT; (C) USER GENERATED CONTENT OR ANY CONTENT OBTAINED FROM THE SERVICES; (D) YOUR ACCESS TO OR USE OF, INABILITY TO ACCESS TO OR USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ABRACAPP ENTITIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; (H) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (I) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (J) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ABRACAPP ENTITIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ABRACAPP ENTITIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ABRACAPP ENTITIES EXCEED THE GREATER OF ONE G.B. STERLING (GBP £1.00) OR THE AMOUNT YOU PAID ABRACAPP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ABRACAPP'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ABRACAPP ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ABRACAPP ENTITIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW, RULE, CODE, STATUTE, ORDINANCE OR REGULATION OF ANY STATE, TERRITORY, COUNTRY, GOVERNAMENTAL OR QUASI-GOVERNAMENTAL OR SUPRA-NATIONAL AUTHORITY, WHICH PROVIDES A SIMILAR MEANING AS THE FOLLOWING: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
ABRACAPP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at ABRACAPP's request), indemnify and hold the ABRACAPP Entities harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental and supra-national authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by ABRACAPP in the defence of any claim. ABRACAPP reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ABRACAPP.
12. General terms
A. Waiver and severability
The failure of ABRACAPP to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling law and jurisdiction
These Terms and any action related thereto will be governed by the laws of the United Kingdom without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in London United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire agreement
These Terms, the ABRACAPP Rules and our Data Policy are the entire and exclusive agreement between ABRACAPP and you regarding the Services (excluding any services for which you have a separate agreement with ABRACAPP that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ABRACAPP and you regarding the Services. Other than members of the group of companies of which ABRACAPP may be the parent, no other person or company will be third party beneficiaries to the Terms.
If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ABRACAPP. Any purported assignment or delegation by you without the appropriate prior written consent of ABRACAPP will be null and void. ABRACAPP may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
We may revise these Terms from time to time, and you could find the most current version in the appropriate section of the website www.abracapp.com . By accessing or using the Services you are and will always agree to be bound by the most current version of the Terms at the time of access and/or use.
These Services are operated and provided by ABRACAPP ltd. Contacts: email email@example.com
The information provided within 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 ABRACAPP to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, services or other feature that ABRACAPP provides.