Effective Date: January 8, 2020
THESE TERMS AND CONDITIONS (the “Terms and Conditions”) is a binding contract between you, an individual user (“you”), and Loose ADV Online Company OU. (“ADV Online Company OU,” “we,” “us” or “our”), and governs your use of website owned and operated by ADV Online Company OU, https://highwebinvest.com/ (and all related subdomains) (“Site”). BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MUST NOT ACCESS OR USE THE SITE. If you are accessing the Site on behalf of a business or corporate entity (each an “Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of THESE TERMS AND CONDITIONS will be treated as acceptance by the Organization. In that event, “User” (defined in Section 1.a) and “you” in THESE TERMS AND CONDITIONS will refer to the Organization.
Material Terms: As provided in greater detail in THESE TERMS AND CONDITIONS (and without limiting the express language of THESE TERMS AND CONDITIONS), you acknowledge the following:
•THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, ADV ONLINE COMPANY OU’S LIABILITY TO YOU IN CONNECTION WITH THE SITE IS LIMITED, AND YOU BEAR ALL RISKS ASSOCIATED WITH ANY INVESTMENTS THAT YOU MAKE ON THE SITE; and
•You and ADV Online Company OU agree to resolve all disputes arising under THESE TERMS AND CONDITIONS through binding arbitration.
1. General Terms and Conditions.
a.Description. The Site: (i) provides general information about our products and services; (ii) permits prospective investors (“Investors”) to independently search and invest in investment opportunities (each, an “Investment Opportunity”); (iii) permits ADV Online Company OU and/or affiliates (each a “Campaign Owner”) to raise development funds through rewards-based campaigns (each a “Campaign”); and (iv) permits individuals to support game development by contributing money to Campaigns (each a “Backer”) in exchange for rewards or by buying goods in ADV Online Company OU’s internet shop (“Rewards”). As used in THESE TERMS AND CONDITIONS, “User” means all users of the Site, and the “ADV Online Company OU Parties” means ADV Online Company OU and all of its affiliated entities
b. Changes to THESE TERMS AND CONDITIONS. You understand and agree that ADV Online Company OU may change THESE TERMS AND CONDITIONS at any time without prior notice. You may read a current, effective copy of THESE TERMS AND CONDITIONS at any time by selecting the appropriate link on the Site. The revised Terms and Conditions will become effective at the time of posting, and your use of the Site after such time will constitute your acceptance of the revised Terms and Conditions. If any change to THESE TERMS AND CONDITIONS is not acceptable to you, then your sole remedy is to stop using the Site. Notwithstanding the preceding sentences of this Section 1.b, no revisions to THESE TERMS AND CONDITIONS will apply to any dispute between you and ADV Online Company OU that arose prior to the effective date of those revisions or change any rights that you had as a Backer or Campaign Owner with respect to any Campaigns launched prior to the effective date of any revisions.
c. Consideration. ADV Online Company OU currently provides you with access to the Site for free. In return for enjoying this free access, you acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase the value of ADV Online Company OU from your use of the Site, and you will have no right to share in any such revenues, goodwill or value whatsoever. However, we may charge you fees for certain uses of the Site. If we do, then we will notify you of those fees before you have an obligation to pay them.
e. Eligibility. You must be at least 18 years old to use the Site. By agreeing to THESE TERMS AND CONDITIONS, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and use of the Site is in compliance with any and all applicable laws and regulations.
f. Mobile Sites. The Site will be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Sites”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Sites. You are solely responsible for all costs you incur from accessing the Mobile Sites. In addition, downloading, installing or using certain Mobile Sites may be prohibited or restricted by your mobile carrier, and not all Mobile Sites may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Sites are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Sites, and how much use of the Mobile Sites will cost you. . All use of the Site and the related Mobile Sites must be in accordance with THESE TERMS AND CONDITIONS.
2. Registration; Profiles.
a. Log-In Credentials. You may access the Site generally and/or browse generally without registering with the Site. In order to access certain features of the Site, including creating Campaigns or viewing Investment Opportunities or non-public Campaigns, you must register to create a User profile (“Profile”) and meet all applicable criteria identified on the Site, if any.
b. Profile Security. You are responsible for the security of your Profile, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Profile. You are solely responsible for updating any and all pertinent registration information included in your Profile. ADV Online Company OU reserves the right in its sole discretion to refuse registration of or cancel a user name at any time in its sole discretion and without any liability to you. You will not share your password, let anyone else access your Profile, or do anything else that might jeopardize the security of your Profile. You will not transfer your Profile to anyone without first getting our written permission. You acknowledge and agree that you are liable for any damages or losses to ADV Online Company OU and other Users by any use of your Profile, either authorized or unauthorized. We will not be liable for any loss or damage arising from unauthorized use of your credentials. Separate log-in credentials may be required to access Third-Party Sites (defined in Section 11 below).
c. Accuracy of Information. You must complete the registration process by providing us with current, complete and accurate information. By creating a Profile, you acknowledge and agree that you are doing so out of a genuine interest in participating in an Investment Opportunity and/or contributing to a Campaign and that you are not intentionally creating a Profile to be used for deceptive or unlawful purposes. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Profile if activities occur on your Profile that, in our sole discretion, would or might constitute a violation of THESE TERMS AND CONDITIONS, cause damage to or impair the Site, infringe or violate any third party rights, damage or bring into disrepute the reputation of ADV Online Company OU, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then we may suspend or terminate your Profile immediately without notice to you and without any liability to you or any third party.
a. Campaign Transactions. Your correspondence, or other interactions with any Campaign Owners, or contributions to any Campaigns (“Campaign Transactions”), including payment and delivery of Rewards, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Campaign Owner. When engaging in a Campaign Transaction, to the extent that THESE TERMS AND CONDITIONS is not superseded by the terms and conditions and policies adopted by the applicable Campaign Owner, the Terms of THESE TERMS AND CONDITIONS will govern your Campaign Transaction. You agree that ADV Online Company OU will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Campaign Owners or other third parties on our Site. The Campaign Owner is solely responsible for delivering the Rewards and fulfilling and all promises that the Campaign Owner makes. If the Campaign Owner is unable to satisfy the terms of THESE TERMS AND CONDITIONS, the Campaign Owner may be subject to legal action by Backers. Site Administration makes no assurances that the Campaign Owner will be able to produce the Rewards in a timely fashion or at all. Rewards are not refundable by ADV Online Company OU. Site Administration makes no representations about the quality, morality or legality of any Campaign, Campaign Owner or Reward.
c. Campaign Disputes. ADV Online Company OU is under no obligation to become involved in disputes between Campaign Owners and Backers, or Users and any third party. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Campaign terms or alleged failure in fulfillment of a Reward, we may provide the Campaign Owner’s contact information to the Backer so that Backers and Campaign Owners may resolve the dispute directly. You agree to resolve all such disputes without involving ADV Online Company OU in such dispute.
4. Investor Requirements.
a. Eligibility Requirements. Investment Opportunities offered on this Site are only Available to persons who meet special requirements for individuals or/and legal entities in the countries where they live, registered or intend to invest, depending on the offering. Before you can invest in any of the Investment Opportunities on the Site, you must register with the Site and qualify either as a person or/and legal entity, as applicable. Prior to investing, you may be asked to fill out a certification and provide necessary documentation as proof of your income and/or net worth to verify that you are qualified to invest in Investment Opportunities posted on this Site, which may be done through a third party service. You acknowledge and agree that all information you provide for the registration is complete, accurate and not misleading, and that you have a genuine interest in participating in an Investment Opportunity. You understand, acknowledge and agree that ADV Online Company OU and other parties are relying on your statements made on the Site and that any willfully false statement made by a you is sufficient cause for suspension or termination of your Profile, rejection of eligible investor status, along with other legal causes of action, by ADV Online Company OU or third parties.
b. Additional Obligations. Investors will be required to enter into further Agreement and make further representations prior to completing any investment.
c. Obligation to Disclose Change in Eligibility. You agree that, should any material changes occur that might affect your status as either an Investor, as applicable, you shall immediately provide ADV Online Company OU with notice in writing.
5. Investment Opportunities.
a. An Investment Contract can be governed by national or regional legislation, depending on the investor’s or/and Campaign Owner’s registered address, country, province, state. The securities offered on the Site have not been registered according some national or/and regional regulations.
b. Investment overviews on the Site contain summaries of the purpose and principal terms of the Investment Opportunities. Such summaries are intended for informational purposes only, are not intended as a promise or indication of future results or performance and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such Investment Opportunity.
c. The securities offered on the Site are only suitable for investors who are familiar with and willing to accept the high risks associated with Investment Opportunities, including the risk of complete loss of your investment. Securities sold through the Site can be subject to restrictions according to national or/and regional legislation. Investing in Investment Opportunities offered on the Site requires high risk tolerance, low liquidity need, and long-term commitments. Investors must be able to afford to lose their entire investment. Securities may lose value, and there is no bank guarantee.
d. No governmental body has reviewed the Investment Opportunities posted on this Site and no national/state body has passed upon either the adequacy of the disclosure or the fairness of the terms of any Investment Opportunity. ADV ONLINE COMPANY OU DOES NOT PROVIDE LEGAL ADVICE. WE STRONGLY ADVISE YOU TO CONSULT A LEGAL, TAX AND FINANCIAL PROFESSIONAL BEFORE INVESTING, AND CAREFULLY REVIEW ALL THE SPECIFIC RISK DISCLOSURES PROVIDED AS PART OF ANY OFFERING MATERIALS AND ASK THE ISSUER ANY QUESTIONS YOU MAY HAVE OR REQUEST ADDITIONAL INFORMATION.
e. ADV Online Company OU receives no commission or transaction-based compensation in connection with the purchase or sale of securities through the Site but may receive fixed fees for services. ADV Online Company OU is not a registered broker-dealer, funding portal, investment adviser or investment manager, and does not offer investment advice or advise on the raising of capital through Investment Opportunities. ADV Online Company OU does not recommend or otherwise suggest that any Investor make an investment in a particular Investment Opportunity.
f. You use or access the Site solely at your own risk and initiative. The Site is controlled and operated from facilities around the World. ADV Online Company OU makes no representations that the Site is appropriate or available for use in any special, strongly determined jurisdictions. Accessing the Site is prohibited from territories where the content on the Site is prohibited. Investment Opportunities are only directed at, or intended for purchase or investment by, investors in jurisdictions that permit general solicitation of unregistered securities. This Site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this site available to you.
g. The content, material and information contained on the Site does not constitute an offer or solicitation and may not be treated as an offer or solicitation to sell securities referred to on this Site (i) by anyone in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation; or (iii) if the person making the offer or solicitation is not qualified to do so. The securities offered on this Site can only be marketed in certain jurisdictions only. You acknowledge and agree that it is solely your responsibility to be aware of and to observe all the applicable laws and regulations of any relevant jurisdiction, including the one in which you reside. You should satisfy yourself before accessing the Site that we would be allowed to advertise investment products to you under the law of the jurisdiction in which you reside. Subscriptions to invest in any Investment Opportunity referred to on this Site must only be made on the basis of the Investment Opportunity document relating to the specific investment.
6. Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act
a. When a potential investor or Backer registers on the Site, we obtain his, her or its consent to transact business electronically and maintain electronic records in compliance with national or regional requirements.
b. Your use of electronic signatures to sign documents on the Site, including, without limitation, subscription Terms and Conditions for Investment Opportunities and related offering documents, legally binds you in the same manner as if you had manually signed such documents. If electronic signature allowed by national or regional legislation of Investor/Backer or Campaign Owner was used- no certification authority or third party verification is necessary to validate any electronic signature and the lack of such certification or verification will not in any way affect the enforceability of such signatures or documents. The use of electronic versions of such documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copies of these documents or THESE TERMS AND CONDITIONS in any proceeding arising out of these documents or THESE TERMS AND CONDITIONS.
c. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. ADV Online Company OU shall have a reasonable period to effect such a change and ADV Online Company OU may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
7. Intellectual Property.
a. License. Subject to your complete and ongoing compliance with THESE TERMS AND CONDITIONS, ADV Online Company OU hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Site solely in strict compliance with the provisions of THESE TERMS AND CONDITIONS and as permitted by the functionalities of the Site available to you.
b. Content. The content that ADV Online Company OU provides to you on the Site, including, without limitation, any text, graphics, software, interactive features, information or other materials, is protected by copyright or other intellectual property rights and owned by ADV Online Company OU or its licensors (collectively, the “ADV Online Company OU’s Content”). Moreover, ADV Online Company OU or its licensors own all design rights, database and compilation rights and other intellectual property rights in and to the Site, in each case whether registered or unregistered, and any related goodwill. We grant the operators of public search engines, permission to use spiders and application programming interfaces to copy non-password protected ADV Online Company OU Content from the Site for the purposes of creating publicly available, searchable indices of the materials, including caches or archives of such materials, and for traffic metrics per our robots.txt file and sitemap.xml file.
c. Marks. The ADV Online Company OU trademarks, service marks and logos (collectively, the “ADV Online Company OU Trademarks”) used and displayed on the Site are ADV Online Company OU’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Site may be trademarks or service marks owned by third parties (collectively with the ADV Online Company OU’s Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage ADV Online Company OU or the applicable third party, ADV Online Company OU’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without ADV Online Company OU’s prior express written consent. All goodwill generated from the use of any ADV Online Company OU Trademark will inure solely to ADV Online Company OU’s benefit.
d.Restrictions. ADV Online Company OU hereby reserves all rights not expressly granted to you in this Section 7.d. Accordingly, nothing in THESE TERMS AND CONDITIONS or on the Site will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Site or any ADV Online Company OU Content or Trademarks located or displayed on or within the Site.
8. User Content.
a. General. Certain features on the Site may allow you to submit or upload (collectively, “Submit”) content to the Site, such as Profile content or other materials subject to intellectual property or similar laws (“User Content”). For all User Content that you Submit to the Site, you hereby grant us (and those we work with) an assignable, sublicensable, royalty free, fully paid-up, worldwide license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User Content works better with our Site), publish, publicly perform, publicly display, and distribute such content; provided that we will not share with other Users any User Content that you Submit to the Site that is not viewable by other Users based on any privacy settings available on the Site. The rights you grant in this Section are for the purpose of operating, promoting, and improving our Site and business and this license continues even if you stop using our Site.
b. You Must Have Rights to the Content You Submit. You represent and warrant that: (i) you own the User Content Submitted by you or otherwise have the right to grant the license set forth in THESE TERMS AND CONDITIONS; (ii) the Submission of your User Content and the use of the same as contemplated in THESE TERMS AND CONDITIONS does not and will not violate any right of any third party; (iii) the Submission of your User Content and our use of such User Content as authorized in THESE TERMS AND CONDITIONS will not require us to pay any amounts or provide any attribution to any third parties; and (iv) the Submission of your User Content or our use thereof as authorized in THESE TERMS AND CONDITIONS does not result in a breach of contract between you and a third party.
c. Disclaimer. We are under no obligation to edit or control User Content that you Submit, and will not be in any way responsible or liable for any User Content available on or through the Site. ADV Online Company OU may, however, at any time and without prior notice, screen, remove, edit or block any User Content on the Site that in our sole judgment violates THESE TERMS AND CONDITIONS or is otherwise objectionable, such as, without limitation, User Content that ADV Online Company OU determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “Objectionable Content”). Further, we may, in our sole discretion, take any action we deem necessary and/or appropriate against any User who Submits Objectionable Content, including, but not limited to, warning the User or suspending or terminating the User’s Profile.
d. Respect of Third Party Rights. ADV Online Company OU respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Site.
b. Repeat Infringer Policy. ADV Online Company OU’s intellectual property policy is to (i) remove or disable access to material that ADV Online Company OU believes in good faith or upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Site; and (ii) remove any User Content uploaded to the Site by “repeat infringers.” ADV Online Company OU considers a “repeat infringer” to be any User that has uploaded User Content or Feedback (as defined in Section 12) to or through the Site and for whom ADV Online Company OU has received more than two takedown notices with respect to such User Content or Feedback. ADV Online Company OU has discretion, however, to terminate the Profile of any User after receipt of a single notification of claimed infringement or upon ADV Online Company OU’s own determination.
c. Contact Information. ADV Online Company OU’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
ADV Online Company OU
Pae tn 21, Harju Maakond, Tallinn, Estonia, 11415.
e-mail: [email protected]
9. Restrictions on Use of the Site.
Without limiting any other terms of THESE TERMS AND CONDITIONS, you agree not to (and not to attempt to):
- decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Site;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or any activity conducted thereon;
- delete or alter any material ADV Online Company OU makes available on the Site;
iv. frame or link to any of the materials or information available on the Site;
- use or exploit any Trademarks or ADV Online Company OU Content in any manner that is not expressly authorized by THESE TERMS AND CONDITIONS;
- access, tamper with or use non-public areas of the Site, ADV Online Company OU’s (and its hosting company’s) computer systems and infrastructure or the technical delivery systems of ADV Online Company OU’s providers;
- provide any false information to ADV Online Company OU;
- create a false identity or impersonate another person or entity in any way;
ix. restrict, discourage or inhibit any person from using the Site;
x. use the Site, without ADV Online Company OU’s prior express written consent, for any unauthorized purpose;
xi. gain unauthorized access to the Site, other Users’ Profiles or to other computers or websites connected or linked to the Site;
xii. transmit to the Site any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Site or communications equipment and computers connected thereto;
xiii. violate any federal, state or local laws or regulations or the terms of THESE TERMS AND CONDITIONS; or
xiv. assist or permit any person in engaging in any of the activities described above.
10. Third-Party Sites.
While our own staff works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending ADV Online Company OU or our employees any ideas for, by way of example and not limitation, products, services, features, modifications, enhancements, content, refinements, technologies, promotions, strategies, product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to ADV Online Company OU, you agree that:
a. ADV Online Company OU has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and ADV Online Company OU is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
c. You irrevocably grant ADV Online Company OU perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose throughout the universe and without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified
12. Dispute Resolution.
13. Limitation of Liability and Disclaimer of Warranties.
THE TERMS OF THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
a. NONE OF THE ADV ONLINE COMPANY OU OR AFFILLIATES MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR ANY CONTENT THEREON. ACCORDINGLY, THE SITE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE ADV ONLINE COMPANY OU OR AFFILLIATES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
b. WITHOUT LIMITING SECTION 14.a, THE ADV ONLINE COMPANY OU DO NOT WARRANT THAT THE SITE AND ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO ADV ONLINE COMPANY OU OR AFFILLIATE WILL BE RESPONSIBLE FOR THOSE COSTS.
c. IN NO EVENT WILL ANY ADV ONLINE COMPANY OU OR AFFILLIATE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE SITE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE ADV ONLINE COMPANY OU PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADV ONLINE COMPANY OU’S LIABILITY, AND THE LIABILITY OF ANY OF THE OTHER ADV ONLINE COMPANY OU OR AFFILLIATE, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING FROM THESE TERMS AND CONDITIONS IS LIMITED TO U.S. $100.
d. THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE SITE, AND NONE OF THE ADV ONLINE COMPANY OU OR AFFILLIATE MAKES ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. NONE OF THE ADV ONLINE COMPANY OU OR AFFILLIATE PROVIDES ANY GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. THE ADV ONLINE COMPANY OU OR AFFILLIATE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.
e.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF THE ADV ONLINE COMPANY OU OR AFFILLIATE OR OTHERWISE THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. Third Party Disputes.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY, INCLUDING OTHER USERS, IN CONNECTION WITH YOUR USE OF THE SITE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE ADV ONLINE COMPANY OU PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the ADV Online Company OU from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of THESE TERMS AND CONDITIONS; or (b) your access to, use or misuse of the ADV Online Company OU Content, Trademarks or any part of the Site; or (c) any false, inaccurate or misleading information you provide to ADV Online Company OU. ADV Online Company OU will provide notice to you of any such claim, suit or proceeding. ADV Online Company OU reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter which is subject to indemnification under this Section at your sole expense if ADV Online Company OU believes that you are unwilling or incapable of defending ADV Online Company OU’s interests. In such case, you agree to cooperate with any reasonable requests assisting ADV Online Company OU’s defense of such matter at your sole expense. Notwithstanding the foregoing, nothing contained in THESE TERMS AND CONDITIONS shall constitute a waiver by any investor of any of his, her or its legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
16. Term and Termination of the Terms and Conditions.
a. Term. As between you and ADV Online Company OU, the term of THESE TERMS AND CONDITIONS commences on your first use of the Site and continues until the termination of THESE TERMS AND CONDITIONS by either you or ADV Online Company OU.
b. Suspension, Termination and Cancellation. You may terminate THESE TERMS AND CONDITIONS by sending written notification to us at [email protected] and terminating your use of the Site. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or to terminate THESE TERMS AND CONDITIONS at any time without prior notice or liability if you breach any provision of THESE TERMS AND CONDITIONS or violate the rights of any third party on or through the Site. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
c. Survival. Sections 1.b, 1.c, 2.b, 3, 4.a, 5, 6, 7.b, 7.c, 7.d, 8, 10, 11, 12, 13, 14, 15, 16, 17.c, 18, 19 and all defined terms used therein will survive the termination of THESE TERMS AND CONDITIONS indefinitely.
17. Consent to Electronic Communications.
18. Prohibited Content
We don't allow any content to be distributed or produced through our services that violates the law, markets illegal products or services, or is sexually explicit or pornographic.
•Content protected by copyright law copied, posted or displayed without any necessary legal rights to use that content;
•Drug, alcohol, and tobacco-related content;
•Hacking and cracking content;
•Violent content (excluding sports and news information content);
•Any other illegal content;
We do allow affiliate links to be used in our related platforms or pages, but not to blacklisted URLs.
You agree that no joint venture, partnership, employment or agency relationship exists between you and ADV Online Company OU as a result of THESE TERMS AND CONDITIONS or use of the Site. If any provision of THESE TERMS AND CONDITIONS is found to be invalid by any court or arbitrator having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of THESE TERMS AND CONDITIONS, which will remain in full force and effect. Failure of ADV Online Company OU to act on or enforce any provision of THESE TERMS AND CONDITIONS will not be construed as a waiver of that provision or any other provision in THESE TERMS AND CONDITIONS. No waiver will be effective against ADV Online Company OU unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. THESE TERMS AND CONDITIONS constitutes the entire Terms and Conditions between you and ADV Online Company OU with respect to the subject matter hereof, and supersedes all previous or contemporaneous Terms and Conditions, whether written or oral, between the parties with respect to the subject matter hereof. The Section headings are provided merely for convenience and will not be given any legal import. THESE TERMS AND CONDITIONS will inure to the benefit of our successors and assigns. You may not assign THESE TERMS AND CONDITIONS or any of the rights or licenses granted hereunder without the prior express written consent of ADV Online Company OU. “Assignment” as used in the prior sentence includes any changes of control or sale of stock or assets of any Organization. ADV Online Company OU may assign THESE TERMS AND CONDITIONS, including all its rights hereunder, without restriction. THESE TERMS AND CONDITIONS may only be amended in a writing signed by you and an authorized representative of ADV Online Company OU, except as provided in Section 1.b. You acknowledge and agree that you have had the opportunity to consult legal counsel in connection with THESE TERMS AND CONDITIONS even if you chose not to do so, and THESE TERMS AND CONDITIONS will not be construed against you or ADV Online Company OU as drafter.
21. Contact Us.
ADV Online Company OU
Pae tn 21, Harju Maakond, Tallinn, Estonia, 11415.
e-mail: [email protected]