.svg)
Get the app
Descărcați aplicația noastră gratuită și obțineți acces la o îngrijire optimă a
sănătății de oriunde, în orice moment.
sănătății de oriunde, în orice moment.
Avoid waiting rooms
Access to your medical history
To allow you to pay with your bank account on Link, we will ask you to link your bank account to enable us, and where identified, one of our Business Users (i.e., your merchant), to collect data from that bank account. For example, once you agree to link your bank account, a Business User may verify that your bank account is valid and check your balance to confirm there are sufficient funds for your purchase. Please refer to the Business User’s privacy policy to understand how it may use your bank account data. We may use your bank account data to, among other things, streamline your requested payments and assess your eligibility for and offer you End User Services that we or our affiliate provides. Please see the Linked Financial Account Terms below for more information.
Each time you use a linked bank account to pay one of our Business Users, you are authorising us to immediately debit that bank account for the amount you authorize the merchant to charge. You authorize us to retry a debit on your bank account if your bank rejects the original debit for any reason. You agree that your grant of the authorization in this paragraph complies with the National Automated Clearinghouse Association (NACHA) operating rules and has the same legal effect as if you had signed a paper mandate containing the same terms. Your use of your bank account as a payment method is also subject to the terms, benefits, and protections associated with your personal bank account. If you use your bank account as a payment method, and do not have sufficient funds to make a purchase, you could incur overdraft fees with your bank. If at any time you would like to revoke this authorisation or you no longer want your bank account to be a payment method saved to your Link account, you must disconnect your bank account from your Link account.
We provide an End User Service to create a Link account or to save your information for faster checkout at businesses that use our services, including Link. These Link Account Terms, along with the End User Terms of Service above, apply when you use this End User Service.
We may ask if you’d like us to “remember you” for future payments across our eligible merchants (i.e., our Business Users), including when you check out on their websites and applications. When you allow us to remember you, we will store certain identifying information, such as your email address or mobile phone number (“Log-In Credentials”), and the payment information you give us, such as credit card, debit card, or bank account numbers (“Payment Account Details”). As part of your Payment Account Details, we may also store information such as your name, billing address and shipping address. The advantage of us remembering you is that you may be able to pay more quickly and easily with the same Business User, as well as when you visit our other eligible Business Users’ sites or apps – this can be especially handy when you’re on a mobile device or don’t have your Payment Account Details in front of you.
If you allow us to remember you, we or the Business User will use cookies or similar technologies to link your web browser or device to your Log-In Credentials and to recognize you when you visit that Business User or another Business User on the same browser or device. You can then make purchases using your saved Payment Account Details across our eligible Business Users when you are logged in with us on the same browser or device. If we don’t recognize you (for example, because you’ve logged out of Link), we may provide a way for you to verify yourself (for example, by sending you a verification code via SMS text message) in order for your stored Payment Account Details to be used.
You may only save Payment Account Details with us that you are authorized to use. Link doesn’t change anything else about your relationship with the Business User. In addition, your relationship with your payment method (for example, your bank or your credit card company) remains unchanged. Removing a payment method from your Link account does not cancel or change any obligations or amounts you still owe to a Business User.
Debit and credit card payment methods
Please keep your payment card information current. We may update the details of your saved payment card, without any action on your part, based on proprietary and third-party sources available to us.
We will use reasonable efforts to keep your Payment Account Details secure. Learn more about our security here. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We encourage you to use a strong password and never share your password with anyone or use the same password on other sites or accounts. If you have reason to believe that the security of your account has been compromised, please contact us immediately at support@stripe.com
Linked Financial Account Terms
We provide an End User Service that allows you to link your financial accounts to easily share your financial data with us and others that you authorize so that you can receive better product experiences. These Linked Financial Account Terms, along with the End User Terms of Service above, apply when you use this End User Service.
When you obtain services from a merchant (i.e., a Business User) that has enabled this End User Service, we will ask you to link one or more of your financial accounts. If you agree to link your financial accounts with us, we and, where identified, your merchant (i.e., our Business User), will collect data from that financial account. For example, once you agree to link a financial account, our Business User may verify that your financial account is valid and check your balance. We may use your financial account data to, among other things, streamline your requested payments and assess your eligibility for and offer you End User Services that we or our affiliate provides.
Your financial account data is provided directly by your financial institution or our third party partners that collect, store and use your login information (such as your username and password). We refer to these financial institutions and partners as “Data Sources.” Finicity Corporation is one of our Data Sources, and their terms are available here and incorporated into these Linked Financial Account Terms by this reference. This End User Service is not endorsed or sponsored by any third party whose account(s) are accessible through this End User Service, and we are not an agent of those third parties.
When you agree to link your financial account using this End User Service, you consent to the collection, use, disclosure, and retention of your financial data and personal data for that financial account until you choose to unlink the account. Once linked to your financial account(s), we and our Data Sources will regularly collect, use and store the following types of data from your selected accounts:
Account owner information, including contact information (such as your name and address);
Account balances, including current and pending balances;
Account details, including your account type and bank, and account and routing numbers;
Account transactions, including balance, transaction date, payee, location, transaction, description, and amount; and
In some cases, your financial institution login credentials, depending on the type of connection that we have with your financial institution. Learn more.
Among other things, we may use your data to:
Verify your bank account;
Facilitate the processing of your requested payments;
Mitigate fraud, financial loss, or other harm to you, our Business Users, and us;
Assess your eligibility for and offer you our other products or services;
Analyze, develop, and improve this End User Service and our other products and services;
Provide you customer support;
Comply with law, and enforce our Terms; and
For other purposes consistent with your consent and applicable law.
Please review the Linked Financial Accounts End User FAQs to learn more. We will use your personal data in accordance with our Privacy Policy. Please remember that our Privacy Policy covers our privacy practices, and not our Business Users’ privacy practices. We have implemented security controls that are designed to safeguard your personal data. To learn more, please visit https://stripe.com/docs/security/stripe.
You represent that you have the lawful right to authorize us and our Data Sources to access the data in your linked financial account(s). If you want to disconnect your bank account, you may do so through our disconnection form. You can also use that form to request that we delete the data we obtained from your financial account, and associated login credentials. If you would like to request our Business User to delete any copies of your data they obtained through this End User Service, please contact the Business User directly. Once we process your request to unlink your account, we and our Data Sources, along with that Business User, will not collect additional information from your unlinked bank account. Please also note that disconnecting your account or deleting your personal data may not cancel or stop payments (including recurring payments) that you have already authorized.
You may also choose for us to save your financial account information for future payments across our eligible merchants (i.e., our Business Users), including when you check out on their websites and applications. When you allow us to remember you, we will store certain identifying information, such as your email address or mobile phone number (“Log-In Credentials”) and the financial account information you give us (“Payment Account Details”). As part of your Payment Account Details, we may also store information from your financial account such as your name and address. The advantage of us remembering you is that you may be able to pay more quickly and easily with the same Business User, as well as when you visit our other eligible Business Users’ sites or apps. Please see the Link Account Terms above for more information.
We will use reasonable efforts to keep your Payment Account Details secure. Learn more about our security here. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We encourage you to use a strong password and never share your password with anyone or use the same password on other sites or accounts. If you have reason to believe that the security of your account has been compromised, please contact us immediately at support@stripe.com
If your default or selected payment method is unavailable or the transaction is unsuccessful using that payment method (for example, because your bank account has insufficient funds), we may charge one of your other payment methods saved to Link. In those instances, we will identify that a backup payment method applies before you complete the purchase (e.g., whether during a one-time checkout or for any subscription payments, during the initial subscription purchase). If you do not want us to charge a backup payment method, you must remove your other payment methods from your account.
When you purchase something from a Business User and the transaction is ultimately refunded, the money will be refunded to the original payment method you used for the transaction.
Debit and credit card payment methods
Please keep your payment card information current. We may update the details of your saved payment card, without any action on your part, based on proprietary and third-party sources available to us.
Bank account payment methods
To allow you to pay with your bank account on Link, we will ask you to link your bank account to enable us, and where identified, one of our Business Users (i.e., your merchant), to collect data from that bank account. For example, once you agree to link your bank account, a Business User may verify that your bank account is valid and check your balance to confirm there are sufficient funds for your purchase. Please refer to the Business User’s privacy policy to understand how it may use your bank account data. We may use your bank account data to, among other things, streamline your requested payments and assess your eligibility for and offer you End User Services that we or our affiliate provides. Please see the Linked Financial Account Terms below for more information.
Each time you use a linked bank account to pay one of our Business Users, you are authorising us to immediately debit that bank account for the amount you authorize the merchant to charge. You authorize us to retry a debit on your bank account if your bank rejects the original debit for any reason. You agree that your grant of the authorization in this paragraph complies with the National Automated Clearinghouse Association (NACHA) operating rules and has the same legal effect as if you had signed a paper mandate containing the same terms. Your use of your bank account as a payment method is also subject to the terms, benefits, and protections associated with your personal bank account. If you use your bank account as a payment method, and do not have sufficient funds to make a purchase, you could incur overdraft fees with your bank. If at any time you would like to revoke this authorisation or you no longer want your bank account to be a payment method saved to your Link account, you must disconnect your bank account from your Link account
We provide an End User Service to create a Link account or to save your information for faster checkout at businesses that use our services, including Link. These Link Account Terms, along with the End User Terms of Service above, apply when you use this End User Service.
We may ask if you’d like us to “remember you” for future payments across our eligible merchants (i.e., our Business Users), including when you check out on their websites and applications. When you allow us to remember you, we will store certain identifying information, such as your email address or mobile phone number (“Log-In Credentials”), and the payment information you give us, such as credit card, debit card, or bank account numbers (“Payment Account Details”). As part of your Payment Account Details, we may also store information such as your name, billing address and shipping address. The advantage of us remembering you is that you may be able to pay more quickly and easily with the same Business User, as well as when you visit our other eligible Business Users’ sites or apps – this can be especially handy when you’re on a mobile device or don’t have your Payment Account Details in front of you.
If you allow us to remember you, we or the Business User will use cookies or similar technologies to link your web browser or device to your Log-In Credentials and to recognize you when you visit that Business User or another Business User on the same browser or device. You can then make purchases using your saved Payment Account Details across our eligible Business Users when you are logged in with us on the same browser or device. If we don’t recognize you (for example, because you’ve logged out of Link), we may provide a way for you to verify yourself (for example, by sending you a verification code via SMS text message) in order for your stored Payment Account Details to be used.
You may only save Payment Account Details with us that you are authorized to use. Link doesn’t change anything else about your relationship with the Business User. In addition, your relationship with your payment method (for example, your bank or your credit card company) remains unchanged. Removing a payment method from your Link account does not cancel or change any obligations or amounts you still owe to a Business User.
These Terms, together with the Privacy Policy, E-Sign Agreement, and the product-specific Terms below are the only agreement between you and us regarding the End User Services. In the event of an irreconcilable conflict or inconsistency between a provision in these Terms and any product-specific Terms below, the provision in the product-specific Terms will govern. These Terms do not create any partnership, joint venture, or other agency relationship between you and us. If we do not immediately exercise a right we have under these Terms, we do not waive that right. We retain our ability and right to enforce any part of these Terms at a later time. If any part of these Terms is found unenforceable, that part will be ignored, and all of the remaining terms will remain in effect.
Contact
If you have a question about the End User Services or how these Terms apply to you, please contact support.
You must not allow someone else to take on your obligations under these Terms. We may enable a third party, including an affiliate, to enforce or assume our rights and obligations under these Terms, but we will only do so if that third party is capable of performing these Terms competently.
You must not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and obligations under these Terms, at any time for any reason. Any Stripe affiliate may enforce any of these Terms in our place.
The End User Services may allow you to access or purchase products and services provided by businesses or persons unrelated to us. They may have their own terms for you to read. We don’t control those businesses or persons, so we aren’t responsible if something goes wrong with their products or services.
Our End User Services allow you to purchase products or services from people, businesses, or entities that are not a Stripe entity, employee, or agent.
You are responsible for the purchases you make, and the Business Users you choose to do business with are responsible for providing you the goods or services that you purchase. Contact the Business User if you are not satisfied with your purchase, or if you wish to return, refund, or exchange your purchase, or if you have any questions or issues regarding your purchase. We may display or link to Business Users’ terms or policies with respect to returns, refunds, and exchanges, but we are not responsible for their goods and services. The applicable Business Users determine the content of those terms and policies, and we do not control, or have any responsibility for, their compliance with their terms and policies. If you believe a Business User has not complied with its terms or policies, or any other obligation law imposes, please contact the Business User directly.
To the maximum extent law allows, we will not be responsible or liable for any loss you suffer in connection with your purchase or use of any third-party products or services.
If you have a complaint or dispute, we hope you contact us first.
If you reside in the United States, California law will govern any claim or dispute between you and us that arises out of these Terms, regardless of conflict of law principles. You and we each submit to exclusive personal jurisdiction, and will bring all suits and actions under or in connection with these Terms exclusively, in the federal courts of the Northern District of California and the state courts located in San Mateo County, California.
If you reside outside of the United States, your governing law is specified here.
This section limits the amount of liability we have and the types of damages you can seek from us. Read it carefully. We will not be liable for more than $200 in damages that occur through the End User Services.
The Disclaiming Entities will not be liable to you for any failure to perform our obligation under these Terms due to any abnormal or unforeseeable event outside our reasonable control, such as an act of terrorism, weather-related event, labor conditions, Internet disturbance, or pandemic.
The Disclaiming Entities will not be liable to you for any failure to perform our obligations under these Terms where performance of that obligation would have put us in violation of applicable law.
The Disclaiming Entities will not be liable to you in any circumstances for: - Loss of business, loss of goodwill, loss of opportunity, or loss of profit; or - Any loss that we could not have reasonably anticipated.
Subject to the specific product Terms below, in no event will the Disclaiming Entities’ liability arising out of or in connection with these Terms exceed $200 USD.
You and we agree that the other has relied on the disclaimer of warranties and limitation of liability stated above in entering into these Terms, the limitation and disclaimer are essential to the agreement between you and us under these Terms, and they will apply to the fullest extent allowed by law.
Some laws restrict our ability to disclaim or limit our liability. In those cases, this section will apply to the maximum extent law allows.
While we try to make End User Services that consistently work great for you, we provide them as-is, without any warranty. That means we don’t promise that they’ll always work, and we don’t promise that they’ll work in the way you expect. We are not responsible for any products or services you buy from others through the End User Services.
The End User Services are provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We, our affiliates, and our respective agents, contractors, and Business Users (together, the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever with respect to the End User Services or the content, materials, information and functions we make accessible, and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the End User Services will be uninterrupted, error-free or secure.
The Disclaiming Entities do not control or make any warranties regarding the products or services others provide in connection with the End User Services. In other words, we do not have control over the businesses from which you’re purchasing when using the End User Services, and we do not promise or imply that the products or services you buy using the End User Services will work as promised or be safe to use.
Some laws limit or prohibit disclaiming the warranties referred to in the previous paragraphs, or impose obligations on us that we can’t eliminate with these Terms. In those cases, this section (Disclaimer of Warranties) will apply to the maximum extent law allows.
We may cancel these Terms at any time, and you may close your account at any time. We can suspend or change your access to the End User Services at any time for any reason, but we’ll try to notify you first unless it is unreasonable to do so.
Termination by Us: We may terminate these Terms, and we may limit, suspend, change, or remove your access to any or all End User Services, including any feature or aspect of the End User Services, at any time for any reason. We will take reasonable steps to notify you through the End User Services or an email or phone number associated with you before taking any action that restricts your access to the End User Services, unless law prevents us from doing so, or we decide that your continued use of the End User Services creates a risk of loss or harm to us or any other person.
Termination by You: Subject to any product-specific Terms below, you may terminate any End User Service at any time and for any reason by terminating the End User Service or closing your account as described here. Termination will be effective on the date that your account is closed.
Effect of Termination. Upon termination, you will not have any further use of or access to the End User Services. Subject to applicable law, you will also not have any use of or access to any information you submitted through the End User Services, and all rights granted to you under these Terms will end. Termination does not relieve you of your obligations to pay amounts owed to us or others or to indemnify us. Termination does not revoke any third-party payment authorizations. The following provisions will survive even after these Terms terminate: Our Intellectual Property, End User Content, Feedback, Disclaimer of Warranties, Limitation of Liability, Third Party Services, Assignment and Third Party Beneficiaries, and Miscellaneous. To the maximum extent law allows, we will not be responsible for any loss, damage, harm or consequence, including any delay or inconvenience, you may suffer as a result of termination.
We may use any feedback, ideas, or suggestions you give us without payment to you.
You may choose to submit feedback, ideas and suggestions about the End User Services, but it is never required. You agree that we may use and share all feedback, ideas, and suggestions you submit for any purpose and without compensation or obligation to you.
We and others we work with may use content you provide while using the End User Services without payment to you.
You are responsible for all of the content (for example, any images and messages) that you provide, upload, submit, or send through the End User Services or to us. By doing so, you grant us a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license (with the right to sublicense to the third parties we work with) to use that content in connection with our End User Services, including to update the End User Services and to create other products and services.
These Terms and Conditions and any policies or operating rules posted by us on the platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the platform. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Visiting the platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the platform, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE platform.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We will maintain certain data that you transmit to the platform for the purpose of managing the platform, as well as data relating to your use of the platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the platform.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your contributions], (2) use of the platform, (3) breach of these Terms and Conditions, (4) any breach of your representations and warranties set forth in these Terms and Conditions, (5) your violation of the rights of a third party, including but not limited to intellectual property rights, or (6) any overt harmful act toward any other user of the platform with whom you connected via the platform.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE platform, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
[NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$_________]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE Platform IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE platform AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE platform AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE platform’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE platform AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE platform, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE platform, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE platform BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE platform. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE platform, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
There may be information on the platform that contains typographical errors, inaccuracies, or omissions that may relate to the platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the platform at any time, without prior notice.
Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Romania, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in courts.
Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the parties agree to first attempt to negotiate any dispute (except those Disputes expressly provided below) informally for at least 150 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Binding Arbitration
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Romania.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Romania, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
In no event shall any Dispute brought by either Party related in any way to the Platform be commenced more than _____ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Romania. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in courts located in Romania, and the parties hereby consent to, and waive all defences of lack of, personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any dispute brought by either party related in any way to the platform or services be commenced more than ______ years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 4: Restrictions
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Option 5: Exceptions to [Informal Negotiations and] Arbitration
The Parties agree that the following disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party, (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use, and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
These Terms and Conditions and your use of the platform are governed by and construed in accordance with the laws of the European Union applicable to agreements made and to be entirely performed within the European Union, without regard to its conflict of law principles.
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the platform.
We cannot guarantee the platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the platform, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the platform during any downtime or discontinuance of the platform.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the platform or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions shall remain in full force and effect while you use the platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE platform (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE platform OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We respect the intellectual property rights of others. If you believe that any material available on or through the platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your notification will be sent to the person who posted or stored the material addressed in the notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the platform infringes your copyright, you should consider first contacting an attorney.
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the platform infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the platform infringes your copyright, you should consider first contacting an attorney.
All notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the platform are covered by the notification, a representative list of such works on the platform.
(3) 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.
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
(5) A statement that the complaining party has 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.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the platform as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).
To be an effective counter notification under the DMCA, your counter notification must include substantially the following:
(1) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
(2) A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located.
(3) A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
(4) Your name, address, and telephone number.
(5) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
(6) Your physical or electronic signature.
If you send us a valid, written counter notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false counter notification constitutes perjury.
We care about data privacy and security. Please review our Privacy Policy. By using the platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised that the platform is hosted in the United States.
If you access the platform from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Platform as quickly as is reasonably practical.
We reserve the right, but not the obligation to:
(1) Monitor the platform for violations of these Terms and Conditions.
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities.
(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof.
(4) In our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
(5) Otherwise manage the platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the platform.
We allow advertisers to display their advertisements and other information in certain areas of the platform, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the platform and any services provided on the platform or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
The platform may contain (or you may be sent via the platform) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the platform or any Third-Party content posted on, available through, or installed from the platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party websites or the Third-Party content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party websites or any Third-Party content does not imply approval or endorsement thereof by us. If you decide to leave the platform and access the Third-Party Websites or to use or install any Third-Party content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the platform or relating to any applications you use or install from the platform. Any purchases you make through Third-Party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party content or any contact with Third-Party websites.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
As part of the functionality of the platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the platform, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the platform.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the platform. You will have the ability to disable the connection between your account on the platform and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the platform.
You can deactivate the connection between the platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the platform:
(1) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions.
(2) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each app distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
(3) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable app distributor, and the app distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the app distributor will have no other warranty obligation whatsoever with respect to the mobile application.
(4) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
(5) You acknowledge and agree that the app distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each app distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
Use License
If you access the platform via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall not:
(1) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
(2) Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
(3) Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
(4) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
(5) Use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended.
(6) Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
(7) Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
(8) Use the application to send automated queries to any webPlatform or to send any unsolicited commercial e-mail.
(9) Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
We may provide you areas on the platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed.
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) your reviews should not contain references to illegal activity.
(5) you should not be affiliated with competitors if posting negative reviews.
(6) you should not make any conclusions as to the legality of conduct.
(7) you may not post any false or misleading statements.
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
By posting your contributions to any part of the platform [or making contributions accessible to the platform by linking your account from the platform to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the platform.
You are solely responsible for your contributions to the platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any contributions, (2) to re-categorize any contributions to place them in more appropriate locations on the platform, and (3) to pre-screen or delete any contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.
The platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Platform and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you thereby represent and warrant that:
(1) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the platform, and other users of the platform to use your contributions in any manner contemplated by the platform and these Terms and Conditions.
(3) You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the platform and these Terms and Conditions.
(4) Your contributions are not false, inaccurate, or misleading.
(5) Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(6) Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
(7) Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(8) Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
(9) Your contributions do not violate any applicable law, regulation, or rule.
(10) Your contributions do not violate the privacy or publicity rights of any third party.
(11) Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
(12) Your contributions do not violate any country law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
(13) Your contributions do not include any offensive comments concerning race, national origin, religion, gender, sexual preference, or physical handicap.
(14) Your contributions do not violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
(15) Any use of the platform in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Platform.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
(1) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(2) Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
(3) Use a buying agent or purchasing agent to make purchases on the Platform.
(4) Use the Platform to advertise or offer to sell goods and services.
(5) Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the platform and/or the content contained therein.
(6) Engage in unauthorized framing of or linking to the Platform.
(7) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(8) Make improper use of our support services or submit false reports of abuse or misconduct.
(9) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(10) Interfere with, disrupt, or create an undue burden on the platform or the networks or services connected to the platform.
(11) Attempt to impersonate another user or person or use the username of another user.
(12) Sell or otherwise transfer your profile.
(13) Use any information obtained from the Platform in order to harass, abuse, or harm another person.
(14) Use the platform as part of any effort to compete with us or otherwise use the platform and/or the content for any revenue-generating endeavour or commercial enterprise.
(15) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the platform.
(16) Attempt to bypass any measures of the platform designed to prevent or restrict access to the platform, or any portion of the platform.
(17) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the platform to you.
(18) Delete the copyright or other proprietary rights notice from any content.
(19) Copy or adapt the platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(20) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the platform.
(21) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(22) Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
(23) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the platform.
(24) Use the platform in a manner inconsistent with any applicable laws or regulations.
You may be required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By using the Platform, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary.
(3) you have the legal capacity and you agree to comply with these Terms and Conditions.
(4) you are not under the age of 18.
(5) not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Platform.
(6) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise.
(7) you will not use the Platform for any illegal or unauthorized purpose.
(8) your use of the Platform will not violate any applicable law or regulation.
(9) the data received from any online consultations (video, audio or messaging) will be kept for 1 year (365 days) from the day of creation. Before the 365 days end, the users of the platform will receive a new request to acquire their consent to retain their data for an added year (365 days).
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). If you knowingly give any false statement or claim as part of any application, you may be subject to criminal, civil, or administrative liability.
Unless otherwise indicated, the platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics on the platform (collectively, the “Content”), the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the European Union, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
The following Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Willow Care S.R.L (“we,” “us” or “our”), concerning your access to and use of all the Willow Care platforms as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the platform, you have read, understood, and agree to be bound by all of the mentioned Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using our platform and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Willow Care platform after the date such revised Terms and Conditions are posted.
The information provided on the platform 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, regulation, or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
