Welcome to the Kubee website and platform (collectively, the “Services”). You are now reading our Terms of
Service (“Terms”) which
is a legal agreement between you and L&Q Oasis PTE.
LTD. (“Company”, “we”, “us”, “our”, as appropriate) and which governs your use of the Services. We are a company registered in Singapore with registered office at 10 Anson Road,
#21-07 International Plaza, Singapore, 079903, with a company
registration number of 202109442K.
PLEASE
REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING
ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR RESIDENTS OF THE UNITED
STATES: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION)
TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL
ARBITRATION RATHER THAN IN COURT. THESE
TERMS ALSO INCLUDE A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT
MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO
THESE PROVISIONS. IF YOU DO NOT AGREE TO THE
TERMS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
You are only allowed to use the Services
if you are at least eighteen years old and can form a binding contract with us.
You
may use the Services only if (a) you are eighteen (18) years of age or older; (b)
you are otherwise capable of forming a binding contract with us; (c) you agree
to these Terms and our Privacy Notice, which is available at https://kubee.ai/privacypolicy;
(d) you create and maintain a valid User Account as described in Section 3
below; and (e) you are not otherwise barred from using the Services under
applicable law.
You must make and maintain a User Account
to access and use the Services.
(a)
User Account. To
access the Services, you will need to create an account on the Services (your “User
Account”). You may be able to create your User Account using your email
address and/or phone number. You may also create your User Account through the
use of an account registered with certain third-party website, which option we
may update from time to time (for example, your account(s) with Google; each
such third-party account, a “Third-Party Account”), and to the extent
you choose to do so, we may access certain personal information that this third
party provides to us, such as your email address and name, to help create your
User Account. Further information about use of
Third-Party Accounts is provided in the Privacy Policy at https://kubee.ai/privacypolicy. Subject to
applicable law, please note that after you use a Third-Party Account to create
a User Account, or after you link a Third-Party Account with an existing User
Account, it may not be possible to unlink such Third-Party Account from the
User Account without loss of the User Account or associated data and
furthermore, it may not be possible to use or access elements of the Services
or any assets within the Services using a Third-Party Account which is linked
to a User Account which you previously deleted or unlinked. Please refer to the
Section below titled “Deleting Your User Account” for more information on
deleting or deactivating your User Account.
(b)
Keep Your Information Current. It’s important that you provide us with accurate, complete, and
up-to-date information for your User Account, and you agree to update such
information to keep it that way. If you don’t, we may suspend or terminate your
User Account. You agree that you will not disclose your User Account password
to anyone, and will notify us immediately of any unauthorized use of your User
Account. If you believe that your User Account is no longer secure, then you
must immediately notify us at service@kubee.ai (our “Support Email Address”).
(c)
No Account Sharing. You may not sell, resell, rent, lease, share or provide access to
your User Account to anyone else. We reserve all available legal rights and
remedies to prevent unauthorized use of our Services, including, but not
limited to, technological barriers, IP mapping, and, in serious cases, directly
contacting your Internet Service Provider (ISP) regarding such unauthorized
use.
(d)
No False Accounts. You may not create a User Account for anyone else.
(e)
Deleting Your User Account. You may at any time delete your User
Account by following the instructions offered within the Services to do so. We may
offer a thirty (30) day period following deletion of your User Account (such
period, the “Reactivation Period’) during which time you may reactivate
your account by either (i) logging in to the User Account or (ii) otherwise
using the User Account. If you log into or use your User Account during
the Reactivation Period, your User Account will be reinstated and reactivated.
If you do not reactivate your User Account before the Reactivation Period has
concluded, we may delete your User Account and any associated information or
data connected with it, including, without limitation, (i) any accompanying account
information; (ii) your User Account's link to any Services; and (iii) your User
Account's link to any Third-Party Accounts. If you wish
to delete your User Account after you have reactivated it, you will need to
follow the deletion instructions offered within the Services to do so. You acknowledge
and agree that upon a final deletion of your User Account, your access to the Services
will terminate.
4.
License and Use of
the Services; User Generated Games and User Generated
Content
As long as you agree to these Terms
(and as long as the Terms aren’t terminated—see Section 14), we grant you
permission to access and use our Services.
(a)
License Grant. So
long as you comply with these Terms, we grant you a personal, non-exclusive,
non-transferable, non-sublicensable limited right and license to access and use
the Services, including any Kubee Materials, for your internal, personal entertainment purposes
leveraging only the functionality of the Services until the expiration or
termination of these Terms. Any other use of the Services and its components,
other than as expressly permitted herein, is strictly prohibited. We and our
licensors reserve all rights not granted to you in these Terms. “Kubee Materials” means all written content, artwork, titles,
themes, objects, stories, animation, concepts, sounds, audio-visual effects,
musical compositions, and any other content provided by us within the Services,
excluding User Generated Games.
(b)
Kubee Models. The
Services may allow you to access and use AI models that we provide or license
from third parties and make available to you (“Kubee Models”), and which
you can use via an interface made available on the Services to input either your
own natural language text-based prompts (“User Input”) to generate
outputs in the form of games (such output games, “User Generated Games”).
Unless otherwise expressly provided via the functionality of the Services, you
may only upload text (and for clarity, not images, video, audio, or other such
assets) as User Input.
(c)
Ownership of User Generated Games. As between us and you, subject to (a) applicable law, (b) the
limited license that you grant to us in Section 4(d) below, and (c) our
ownership of all Kubee Materials and the Services, you own all User Generated
Games which you create using your own User Inputs.
(d)
License Grants in User Generated Games. You hereby grant us an exclusive, perpetual, irrevocable, transferable
license in any User Generated Game, with a right to sub-license through
multiple tiers, to: (i) exclusively distribute, publish, publicly perform and
publicly display the User Generated Game on the Services; (ii) adapt, modify,
and create derivative works of, any User Generated Game; and (iii) use the User
Generated Game to improve, train, retrain, and/or fine-tune the Kubee Models,
and to improve the Services and our other services and technology.
(e)
User Generated Content. In addition to User Generated Games,
the Services might allow users to also communicate with other users and to
create, post, upload, share and distribute various forms of content for and in
connection with our Services, including pictures, photographs, videos and other
information or materials (“User Generated Content”). We do not make any
promises about the accuracy, integrity or quality of User Generated Content and
do not endorse it in any manner. Enjoy what other users post or share on our Services,
but do so at your own risk. By posting or sharing the User Generated Content on
our Services, you are telling us you have the necessary rights and license to
do so and are not infringing upon the copyright, trademark, patent, trade
secret or other intellectual property rights of any third party. You further acknowledge
that you will not use or contribute User Inputs or User Generated Content that
is unlawful, tortious, defamatory, obscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racist or otherwise
objectionable or inappropriate. We may remove any User Inputs, User Generated
Content, User Generated Games and any related content or elements from the Services
at our sole discretion. By sharing any User Input or User Generated Content through
the Services, you acknowledge that we may make it available across our Services
and sites of our affiliated companies and we may license, use, copy, modify,
create derivative works based upon, distribute, publicly display, and publicly
perform or otherwise commercially exploit your User Inputs and User Generated
Content in connection with operating and providing our products and services
without paying you for using your User Generated Content.
By using or
accessing the Services, you agree to follow the below User Conduct rules.
You agree not to do any of the following,
as determined by us in our sole discretion:
(a)
post, upload, publish, submit or transmit any
User Input or User Generated Content that: (i) infringes, misappropriates
or violates a third party’s patent, copyright, trademark, trade secret, moral
rights or other intellectual property rights, or rights of publicity or
privacy; (ii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory,
obscene, pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are
threatening to any person or entity; or (vii) promotes illegal or harmful
activities or substances;
(b)
use the Services, Kubee
Materials, or any User Generated Games commercially,
for a promotional purpose, or for the benefit of any third party or in any
manner not permitted by these Terms;
(c)
misuse the Services, Kubee
Materials, or any User Generated Games, including,
without limitation, by attempting to interfere with, disrupt, damage, hack,
reverse engineer, modify, exploit bugs, glitches, vulnerabilities or
unintentional mechanics of, or introduce spyware, time bombs, viruses, worms, or
other potentially damaging computer programs into them;
(d)
use, or provide, any unauthorized third-party
programs that intercept, emulate, or redirect any communication between the Services
and us or that collect information about the Services, Kubee
Materials, or any User Generated Games;
(e)
copy, reproduce, distribute, display, mirror,
frame or use them or any individual element within the Services, Kubee
Materials, or any User Generated Games (or any of our other materials,
intellectual property, proprietary information, or the layout and design of any
page or form contained on a page) in a way that is not expressly authorized in these
Terms;
(f)
attempt to reverse engineer (except as otherwise
permitted by applicable local law), derive source code from, modify, adapt,
translate, datamine, decipher, decompile, or disassemble or make derivative
works based upon the Services, any Kubee Materials, or User Generated Games;
(g)
avoid, bypass, remove, disable, impair,
descramble, circumvent, or modify any technological measure we or any of our
providers or any other third party (including another user) implements to
protect them or any of their associated intellectual property;
(h)
violate any applicable law or regulation;
(i)
attempt to decipher, decompile, disassemble,
reverse engineer, engage in any of the adversarial
attacks set forth in the NIST AI 100-2e2025 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2025.pdf, or otherwise attempt to derive or gain improper access to any of the software, components, models,
algorithms or systems used to provide the Services, Kubee
Materials, or any User-Generated Games;
(j)
encourage, promote, take part in or enable
anyone else to do any of the foregoing.
Our Services, including our Kubee
Materials, are owned by us or our licensors.
We and our affiliates and licensors own all title, ownership and
intellectual property rights in the Services (including all Kubee Models and Kubee
Materials therein). You agree not to remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Services. You understand and agree that you have no ownership
interest in the Services or Kubee Models or any Kubee Materials therein. In the event that we in our sole discretion conclude that you are violating
these Terms, you agree that we may exercise any or all of our rights under these
Terms, including termination of these Terms and your access to our Services.
Although we are not obligated to monitor access to or use of the Services
or to review or edit any User Inputs, User Generated Games, or User Generated
Content, we have the right to do so for the purpose of operating and publishing
the Services, to ensure compliance with these Terms, to protect the health or
safety of anyone that we believe may be threatened, to protect our legal rights
and remedies, to report a crime or offensive behavior, or to comply with
applicable law. Furthermore, we reserve the right to audit, filter, remove,
disable access to, or prohibit any User Input(s), User Generated Content, or
User Generated Game(s) which we believe, in our sole discretion, is or could be
infringing, violating or misappropriating any rights held by a third party, or
which otherwise violate these Terms. We may (but don’t have to) remove or
disable access to any Kubee Materials, User Input, User Generated Content, or
User Generated Games at any time and without notice. We may (but don’t have to)
investigate violations of these Terms or conduct that affects the Services.
We respect copyright law and expect
you to do the same.
We respect copyright law and expect you to do the same
when using the Services. It is our policy to terminate in appropriate
circumstances the User Accounts of account holders who repeatedly infringe or
are believed to be repeatedly infringing the rights of copyright holders.
Please see our Copyright Policy at https://kubee.ai/dmca for further
information.
8.
Third Party Websites and Resources; Bring Your Own Key
Outside links are for your
convenience, but we can’t guarantee them. You are solely responsible for following
all rules provided by the providers of Third-Party AI Models, and for all
content you generate with Third-Party AI Models.
The Services
may contain links to third party websites or resources, or may allow you
integrate third-party text-generation AI model(s) that you have independently
licensed from such third parties (each, a “Third-Party
AI Model”) through an
application programming interface (“API”) and to use such Third-Party AI Models
to generate User Inputs that can be used to generate User Generated Games (the
functionality of using your own API to access Third-Party AI Models within the Services,
“Bring Your Own Key” or “BYOK”) . We provide links to third party
websites and allow you to integrate Third-Party AI Models through BYOK only as
a convenience and are not responsible for the content, products or services on
or available from those websites or resources or links displayed on such
websites or through any Third-Party AI Models. We are not a party to any relationship or separate
agreement entered into between you and any such third parties, including,
without limitation, with the providers of any Third-Party AI Models, and we
disclaim any and all liability relating thereto. Accordingly, as between you
and us, you are solely responsible for your compliance with any terms or
conditions which apply to your use of BYOK and any Third-Party AI Model and any
User Inputs or User Generated Games generated from such Third-Party AI Models,
whether your access or use of such Third-Party AI Model occurs via the Services
or the applicable API. You
acknowledge sole responsibility for and assume all risk arising from, your use
of any third party websites or resources, including Third-Party AI Models. We reserve the right to prohibit, restrict, or
disable access to or use of any Third-Party AI Model, or to discontinue BYOK,
at any time and for any reason.
You agree that we are not and will not be
responsible for any loss of damage of any type incurred
as the result of any of your transactions with third parties, including,
without limitation, your use of Third-Party AI Models, BYOK, or any User
Generated Games you generate in connection with BYOK. Any questions,
complaints, or claims related to any product or service should be directed to
the appropriate vendor.
9.
Representations and Warranties
By accessing and using the Services,
you agree that you have all rights to User Inputs and any other necessary
permission or authority to access or use the Services.
We don’t make any guarantees about the
Services.
(a)
General Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE USER
GENERATED GAMES, AND ALL OTHER CONTENT, MATERIALS AND INFORMATION AVAILABLE
THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT
LIMITING THE FOREGOING, L&Q OASIS PTE. LTD. AND ITS AFFILIATES (TOGETHER, THE “COMPANY PARTIES”)
EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. The Company Parties
make no warranty that the Services or the Kubee Materials, materials or
information available through the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. The Company Parties
make no warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of the Services or the Kubee Materials, materials
or information available through the Services.
(b)
AI-Specific Disclaimers. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF BRING YOUR OWN KEY, THIRD-PARTY
AI MODELS, AND ANY USER GENERATED GAMES THAT YOU CREATE. YOU ARE SOLELY
RESPONSIBLE FOR COMPLYING WITH ANY THIRD-PARTY TERMS OR CONDITIONS OR
RESTRICTIONS WHICH APPLY TO YOUR ACCESS TO OR USE OF THIRD-PARTY AI MODELS. WE
DO NOT GUARANTEE THE ACCURACY, LEGALITY, OR SUITABILITY OF ANY THIRD-PARTY AI
MODEL(S) OR OF ANY USER GENERATED GAMES THAT YOU CREATE. FURTHERMORE, DUE TO
THE NATURE OF MACHINE LEARNING, ANY OUTPUTS OR USER GENERATED GAMES MAY NOT BE
UNIQUE, AND THE SITE MAY GENERATE THE SAME OR SIMILAR USER GENERATED GAMES FOR
YOU AND ANY OTHER USER. YOUR RIGHTS IN ANY USER GENERATED GAME THAT YOU
GENERATE USING THE SERVICES, AS SET FORTH IN SECTION 4, DO NOT EXTEND TO ANY
USER GENERATED GAMES GENERATED FOR OTHER USERS OF THE SERVICES. GIVEN THE
PROBABILISTIC NATURE OF MACHINE LEARNING, THE SITE MAY IN SOME SITUATIONS
PRODUCE USER GENERATED GAMES THAT CONTAIN INACCURATE, INCORRECT, OFFENSIVE OR
OTHERWISE UNDESIRABLE INFORMATION OR MATERIALS. THE ACCURACY, QUALITY AND
COMPLIANCE WITH APPLICABLE LAW OF USER GENERATED GAMES IS DEPENDENT UPON AND
COMMENSURATE WITH THAT OF THE USER INPUT YOU PROVIDE. NOTWITHSTANDING
ANYTHING ELSE SET OUT HEREIN, WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY
TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM
USER INPUTS, THIRD-PARTY AI MODELS, USER GENERATED GAMES OR THEIR USE.
(c)
Availability of Features. Although the Services are accessible worldwide, not all features,
products or services discussed, referenced, provided or offered through or on
the Services are available to all persons or in all geographic locations, or
appropriate or available for use in all geographic locations. We reserve the
right to limit, in its sole discretion, the provision and quantity of any
feature, product or service to any person or geographic area. Any offer
for any feature, product or service made on the Services is void where
prohibited.
If you violate certain provisions of
these Terms, which causes a third party to bring legal action against us or for
us to otherwise suffer losses or damages, you will reimburse us the cost of defending
ourselves from that third party’s legal action or for those losses or damages.
This Section limits what you can recover
from us in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR
OUR SERVICE PROVIDERS (“THE COMPANY PARTIES”) WILL BE LIABLE TO YOU OR ANY
OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST REVENUE, LOST
SAVINGS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY USE OF,
INABILITY TO USE OR RESULTS OF USE OF THE SERVICES, THE USER GENERATED GAMES,
OR ANY CONTENT OR MATERIALS ON OR IN THE SERVICES, EVEN IF THAT COMPANY PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. .FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR THE SERVICES WILL NOT EXCEED FIFTY DOLLARS ($50 USD). THESE
LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO
PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN YOU AND US.
Notwithstanding the foregoing, some countries, states, provinces or
other jurisdictions do not allow the exclusion of certain warranties or the
limitation of liability as stated above, so the above terms may not apply to
you. Instead, in such jurisdictions, the foregoing exclusions and limitations
will apply to the maximum extent permitted by the laws of such jurisdictions.
13.
Termination
To the fullest extent consistent with applicable law, we may
suspend, modify or terminate your access to and use of the Services, BYOK, Kubee
Materials, and any features or functions offered therein, or your User Account,
with no liability or notice to you, specifically in the event that (a) we cease
providing the Services (or parts thereof) to similarly situated users
generally; (b) you breach any terms of these Terms (including our other
policies specified in these Terms); (c) we otherwise deem it necessary to
suspend or modify your access to and use of the Services, BYOK, Kubee Materials,
and any features or functions offered therein, or your User Account, or we
terminate these Terms in our sole discretion for any reason. Upon any
termination, discontinuation or cancellation of the Services, BYOK, Kubee
Materials, and any features or functions offered therein, or your User Account,
these Terms, the rights granted to you will automatically terminate, you may no
longer exercise any of those rights or these Terms.
The following Sections will survive termination of these Terms: 1, 3(c)-(e),
4 (regarding ownership), 5, 6, 7, and 9 through 15.
(a)
Governing Law. These Terms and any action related thereto, including but not
limited to any dispute, controversy, difference, or claim arising out of or
relating to these Terms or the enforcement, interpretation, breach, termination
or validity thereof or the use of the Services (collectively, “Disputes”)
will be governed by the laws of Singapore without
reference to choice of law rules but you will have the additional protection of
the mandatory laws of the country in which you live. The mandatory laws of the
country in which you live take priority over the laws of Singapore. The provisions of the U.N. Conventions on
Contracts for the International Sale of Goods shall not apply.
(b)
Dispute Resolution. Any Dispute will be referred to and
finally resolved by arbitration administered by the Singapore International
Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in
force at the time of delivery of the arbitration notice, which rules are deemed
to be incorporated by reference in this clause. This section is set only to the extent permitted by law and does not prevent action in courts of
competent jurisdiction of the territory of your principal residence where such
a right cannot be excluded under applicable law.
(c)
Arbitration Rules.
The arbitration will be conducted in accordance
with Governing Law with the seat of the arbitration in Singapore and the
language of the proceedings will be in English. The Tribunal will consist of
three (3) arbitrators, with each party nominating one arbitrator within thirty
(30) days after the delivery of the arbitration notice. The appointment of such
arbitrators will be confirmed by the SIAC, and both arbitrators will be
instructed to and will agree on the third arbitrator within ten (10) days of their
confirmation by the SIAC. Should either party fail to appoint an arbitrator, or
should the two arbitrators fail within ten (10) days to reach agreement on the
third arbitrator, such arbitrator(s) will be appointed by the Secretary General
of the SIAC. The arbitrators will award only such damages as are permitted to
be awarded pursuant to these Terms.
(d)
Costs. Each party will pay its own costs and expenses (including, without
limitation, counsel fees) of any such arbitration; provided, however, that the
parties will equally share the fees and expenses of the arbitrators.
(e)
Injunctive and Declaratory Relief. Notwithstanding anything to the contrary
in these Terms, either party may always apply to a court of competent
jurisdiction for an injunction or any other legal or equitable relief.
15.
Miscellaneous
(a)
Entire Agreement. These Terms and any other document,
policy, or information referred to in these Terms constitutes the entire and
exclusive understanding between you and us regarding the Services and supersede
any and all prior oral or written understandings or agreements between you and
us regarding the Services.
(b)
Severability. These Terms describes certain legal rights. You may have other
rights under the laws of your jurisdiction. These Terms do not change your
rights under the laws of your jurisdiction if the laws of your jurisdiction do
not permit these Terms to do so. As noted above, limitations and exclusions of
warranties and remedies in these Terms may not apply to you because your
jurisdiction may not allow them in your particular circumstance. In the event
that certain provisions of these Terms are held by a court or tribunal of
competent jurisdiction to be unenforceable, those provisions will be enforced
only to the furthest extent possible under applicable law and the remaining
terms of these Terms will remain in full force and effect.
(c)
No Waiver. Your and our actions or inactions will not create any other rights
under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will
not be considered a waiver of such right or provision. The waiver of any such
right or provision will be effective only if in writing and signed by one of
our duly authorized representatives. Except as expressly set forth in these
Terms, the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or otherwise.
(d)
Third Party Rights. A person who is not a party to these
Terms will have no right under to enforce any of its terms.
(e)
Consent to Electronic Communications. By using the Services, you consent to
receiving certain electronic communications from us as further described in our
Privacy Policy to the fullest extent permitted under applicable law. You agree
that any notices, agreements, disclosures, or other communications that we send
to you electronically will satisfy any legal communication requirements,
including that those communications be in writing.
(f)
No Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise,
without our prior written consent. Any attempt by you to assign or transfer
these Terms, without such consent, will be null and void. Notwithstanding the
title of this Section, we may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure to the
benefit of the parties, their successors and permitted assigns.
(g)
Changes to these Terms. We may, from time to time, change, modify or update these Terms,
and the revised Terms will apply prospectively. For easier reference, we will
change the “Last revised” date above.
If you have any questions about these Terms
or the Services, please contact us at our Support Email Address.