Terms of Service
Please read the following terms and conditions carefully. As they contain important information about the legal rights, obligations, and remedies available to you as a result of using the service.
These are the Terms of Service (“Terms”) for Aeezo that govern your access to and use of the Aeezo websites, our mobile applications, and all other digital and online services provided by Aeezo (collectively, the“Services”). Please note your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these terms.These include restrictions and exclusions, as described below.
1.Accounts & Registration
Registering for an Aeezo Account: In order to use or access certain Services or features of the Services, you may be asked to register for a user account (an“Aeezo Account”) and become a registered user of the Services (a“Registered User”). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Aeezo Account you register, and for any actions that arise from or take place using your Aeezo Account, whether or not you have authorized such actions or use; and (5) immediately notify Aeezo of any unauthorized use of your Aeezo Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Aeezo Account.
You agree that you shall be fully responsible for any activities or actions under your account, whether or not authorized to carry out such activities or actions.You will immediately notify us of any unauthorized use of your Aeezo Account.
Your Aeezo Account Information: You may not select or use an Aeezo Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Aeezo; or (4) that, in Aeezo’s sole discretion, is offensive, vulgar, or obscene. Aeezo reserves the right to refuse registration of an Aeezo Account, or cancel any account name, in its sole discretion.
Aeezo’s Access to the Services: Aeezo maintains the right to suspend or disable your access to the Services and any Aeezo Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if Aeezo otherwise determines such action is warranted. Aeezo reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established an Aeezo Account or are a Registered User.
Deleting Your Aeezo Account: You may delete and cancel your Aeezo Account and your access to the Services at any time by contacting Aeezo at the phone number or email address below and requesting that your account and the associated photos be deleted. Doing so will remove your photos from our servers and from any frames to which you have contributed them. Please note that merely deleting the Aeezo mobile application from your phone or tablet will not delete your photos from the Services and will not cancel your Aeezo Account. Once you request account deletion, we will no longer store or use your content or information. Please further note that certain information and content may persist for some time in caching, backup, and archival copies and in our internal records relating to use of our Services.
3.Eligibility To Use The Services
By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 16 years of age; (2) that you have not previously been suspended or removed from the Services; and (3) that your use of the Services is in compliance with any and all applicable laws and regulations.
- Your Statements And Assurances to Aeezo
By using the Services, you represent, warrant, and covenant:
(1)You will only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
(2)You will not use the Services to cause nuisance, annoyance or inconvenience;
(3)You will not impair the proper operation of the Services or any network which is used to support or access the Services;
(4)You will not try to harm the Services in any way whatsoever;
(5)You will not copy, or distribute the Services or other content without ownership of or all appropriate rights in such content or without written permission from Aeezo;
(6)You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
(7)You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
(8)You will provide us with whatever proof of identity we may reasonably request where required to comply with legal obligations.
- User Conduct Restrictions
As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by Aeezo as typical or expected use of the Services consistent with the purposes for which the Services were created. You specifically agree you will not do any of the following:
(1)Use the Services for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
(2)Abuse, harass, threaten, impersonate, or intimidate others;
(3)Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that Aeezo or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by Aeezo in its sole discretion;
(4)Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any User;
(5)Use the Services to create or submit unwanted email (“Spam”) to be sent to any other person or any URL;
(6)Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
(7)With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
(8)Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(9)Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
(10)Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services;
(11)Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (1) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (2) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (3) attempting to collect personal data about Users or third parties without their consent; or (4) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
(12)Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your Services login information, or password, or otherwise permit any other person to access the Services using your information, login, or password (excluding invitations to join the Services that you send to others);
(13)Use the Services, related content, or any component thereof, for any commercial purposes unintended by Aeezo, including advertising, offering for sale, or selling any item using the Services;Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in whole or part, without ownership of or all appropriate rights in such Content;
(14)Interfere with security features of the Services, including without limitation, by:(1)disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (2) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
(15)Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information;
(16)Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
6.Services & Suspension of Services
The Services are primarily for the display of Your Content in digital form in Aeezo products. Aeezo reserves the right to make enhancements or other modifications to the Services from time to time, without materially detracting from their overall functionality.
Aeezo may temporarily suspend (in whole or part) access to the Services: (1) for the purpose of performing maintenance and/or of updating the Services (whether on a scheduled or unscheduled basis); (2) due to a security threat or prejudicial use of the Services (perceived or actual); (3) to comply with any applicable law or the requirement of any Internet or, if applicable, telecommunication networks service provider upon whom Aeezo relies for the provision of the Services; or (4) to address, remedy or prevent any breach of this Agreement by You; and to minimize any period of interruption and restore the Services as soon as reasonably possible, except where the cause of suspension arises from Your breach and You have failed to take the necessary steps to remedy the breach.
- Content & Licenses
There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all images, photographs, video, text, links, graphics, music, software, audio, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services.“Aeezo Content”means Content that Aeezo makes available to you through the Services, including Content owned by Aeezo or licensed to Aeezo from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by a User, whether or not a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. Aeezo uploads User Content from Users phones to Aeezo’s servers, but Aeezo does not own this User Content. “Collective Content” collectively refers to all of the Content available through the Services.
The User Content you choose to upload to the Aeezo Services, including your photos may include personal data of others. You must obtain prior written consent from the person concerned before uploading and/or sharing personal data through our services.
All Aeezo Content is owned by Aeezo or its third-party licensing partners. Your use of the Services does not grant you any rights to the use or control of any of Aeezo Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Aeezo Content, including by caching, framing or any similar means, without the prior written consent of Aeezo is strictly prohibited.
The Services and the Aeezo Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Aeezo and its licensors exclusively own all right, title and interest in and to the Services and the Aeezo Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the Aeezo Content. Aeezo or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Aeezo Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the Services is common law and/or registered copyrights, trademarks, and/or trade dress of Aeezo.
You should assume that everything you read or see on the Services — other than your and your friends’ photographs — is copyrighted or otherwise protected and owned by Aeezo, or a third party who licensed the right to use such content to Aeezo. Unless otherwise expressly noted, nothing that you read or see on the Services or other Aeezo Content, or any of the source code or HTML code that Aeezo uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Aeezo or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Aeezo’s prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
Aeezo is not the publisher or speaker of User Content or any information on the Services provided by third-party content providers, and Aeezo is not liable for any claims related to such information. Any mention in the Services of products or websites provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Aeezo. Aeezo assumes no responsibility for those products or services.
Aeezo’s License to You
Subject to your compliance with these Terms, Aeezo grants you, to the extent, it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of Aeezo, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by Aeezo at any time without notice and with or without cause.
Aeezo grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Aeezo mobile application (the “Application”) and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application on an Apple-branded product that runs Apple iOS; and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Your License to Aeezo
The Aeezo Services allow Users to upload User Content to the services, primarily photographs. By uploading User Content to the Services you grant Aeezo a license to use the User Content to provide the Services and display your photographs via the Services. This license is an irrevocable, worldwide, perpetual, non-exclusive, and royalty-free license, to utilize the User Content, in whole or in part, solely for the purpose of providing the Services. These same rights are also granted to Aeezo’s subsidiaries, affiliates, successors, and assigns. Your grant of this license to Aeezo does not change your ownership of rights to that User Content, which you continue to own. Aeezo does not claim ownership rights in your User Content.
You agree that you are solely responsible for all User Content that you make available through the Services, including that you own or have the necessary rights to upload that User Content. By uploading User Content to the Services you represent and warrant that:
(1)you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant Aeezo the rights in such User Content contemplated under these Terms;
(2)neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or Aeezo’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and
(3)any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, do not submit the User Content to Aeezo.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.
- Copyright Policy
Aeezo respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Services who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Aeezo will also terminate a User’s account if the User is determined to be a repeat infringer.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.
Notifying Aeezo of Copyright Infringement
To provide Aeezo with notice of an infringement, you must provide a written communication to the attention of “Aeezo: DMCA Notification Department” at that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
(1)An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
(2)A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
(3)A detailed description of where the material that you claim is infringing is located or found on the Services;
(4)Your address, telephone number, and email address;
(5)A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6)A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner’s behalf.
Providing Aeezo with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “Aeezo: DMCA Counter Notification Department”at [email protected] that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
- Third Party Content
Some of the information and other content that appears in the service may be material from Aeezo’s third-party licensor, user, or vendor (“Third-party content”) . Third-party content does not include your content. In each case, the third party content is copyrighted andor trademark by the authorlicensor. You agree to display third-party content only on your computer or other display device for your personal or internal business use only. You acknowledge and agree that you have no right to download, cache, copy, modify, display, edit, modify, or enhance any third party content in any manner except with the permission of the third party content owner.
- Intellectual Property
Aeezo and its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, the “Aeezo IP”). The Aeezo IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the Aeezo IP, including use of any the Aeezo IP as part of third-party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by Aeezo. The Aeezo name, the Aeezo logos, and designs, and the product and service names associated with the Services are trademarks of Aeezo or its affiliated third parties, and no right or license is granted to you by this Agreement to use the Aeezo IP for purposes not directly related to your use of the Services.
- Links to Third Party Sites
The Services may contain links to third-party websites or resources. You acknowledge and agree that Aeezo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Email Notifications
As part of your use of the Services, you may be asked to elect to receive certain email notifications from Aeezo and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Aeezo related to the Services. You may opt out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Services announcements or notifications even if you have opted-out from other messages.
You consent to receive from Aeezo all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Notices”) electronically. Aeezo may provide such Notices by posting them on or within the Services, by electronic mail to your email address on record in Aeezo’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Aeezo and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.
Aeezo may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. Aeezo may also impose limits on certain services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.
Aeezo may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
Aeezo may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any Aeezo account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact Aeezo using the information below. You are solely responsible for your interactions with other Users of the Services. Aeezo reserves the right but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Aeezo. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
- Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
- International Use
The Services are controlled and operated by Aeezo from within the United States. Aeezo makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
You shall indemnify and hold harmless Aeezo its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising (directly or indirectly) out of or related to the Services, use of the Services, the User Content, violation or breach of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
You acknowledge that Aeezo has no control over, and no duty to take any action regarding: (1) which Users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services; or (4) what actions you may take as a result of having been exposed to the Content or the Services.
You release Aeezo from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Aeezo makes no representations concerning any content contained in or accessed through the Services, and Aeezo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Aeezo makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Aeezo cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. Aeezo makes no representation or warranty of any kind with respect to the use of Services or the use or accuracy of the information on the Services.
The user is at his or her own risk of accessing the service. The services are provided on an“Existing, available”basis without any express, implied or statutory warranty, includes warranties in respect of the description, quality, merchantability, fitness for a particular purpose, non-infringement or completeness, or in respect of any other matter of this contract or any of the services referred to herein, and Aeezo hereby disclaims all such warranties. Aeeezo or any parent, subsidiary, affiliate, licensor, employee or agent shall not guarantee the uninterrupted or error free service or the result of the use of the service. This disclaimer applies to any damage or injury caused by negligence or omission of Aeezo, computer virus or other similar article, telecommunications error or unauthorised theft or any other way of obtaining or using user information. Aeeezo or any of its subsidiaries, agents, employees, assignees or third party content providers shall under no circumstances be held liable for any criminal, tortious, negligent or negligent act, or the unlawful acts of the service user.
- Limitation of Liability
To the maximum extent permitted by the applicable law, unless any exclusion or limitation of their liability by the applicable law is invalid, prohibited or unenforceable, Aeezo and its affiliates, employees, agents or third party content providers shall be liable for any loss or loss of use of information or content services that are not available, including but not limited to any loss of profits, loss of revenue, loss of use, loss of or damage to any data or information, damage to equipment, hardware or other property, personal injury arising out of this agreement or in connection with the use of services or content, or any indirect, special, consequential, compensatory or incidental damages (whether the claim is based on breach of contract, breach of warranty, strict liability, fault, tort or other Legal Doctrine) , or any direct damages (totalling more than $100) even if they have been informed of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. To the maximum extent permitted by law, the remedies set forth in this clause are your only remedies. If you have any other disputes with Aeezo, your only remedy is to stop using the services or any services provided by Aeezo.The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Aeezo as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
These Terms constitute the entire and exclusive agreement between You and Aeezo with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Skylight’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of Your rights in these Terms, and any such attempt is void, but Aeezo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Aeezo;and You are not legal partners or agents; instead, our relationship is that of independent contractors.
- Changes of Terms
Aeezo may modify these Terms of Service from time to time. The latest version of these terms will govern your use of the service and will be available in https://Aeezo.com/terms form. We will post a notice at the service counter to inform you of any significant change in these terms. By continuing to use or use these services after these changes take effect, you agree to be bound by the revised terms of service.
Neither party will be liable to the other for any breach of this Agreement which arises because of any circumstances which the defaulting party cannot reasonably be expected to control (which shall include but not be limited to, any act of god, fire, casualty, flood, war, labor disputes, governmental action, failure of public services, interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing but, for the avoidance of doubt, shall not include shortage or lack of available funds, provided it promptly notifies the other party of such circumstances. If performance has been interfered with, hindered, delayed or prevented for a period in excess of ninety (90) days, the party whose performance is not affected may terminate this Agreement immediately by written notice to the other party.
Last updated: Nov, 2021. Effective as of: Nov, 2021