These Terms of Service (the “Terms”) are an agreement between you, a user of our website or applications and Axe Media B.V. (, “us”, “we”, or “our”).
We will periodically update or amend any of the terms in this agreement. Changes will be effective upon publishing the revised Terms of Service and End-User License Agreement on our website. If you do not wish to accept the amended agreement, you have to cancel your access to our products. Continuing to use our software accessed through the website in your personal account constitutes your acceptance of the terms of the modified agreement. Disclaimer of Warranty:
WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SOFTWARE ARE PROVIDED TO YOU AS IS AND AS RECEIVED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMS ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Our company AND ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR LOSS OF OR DAMAGE TO PROPERTY, LOSS OF DATA, LOSS OF INCOME, FAILURE OF PERFORMANCE, AND GOODWILL.
Indemnification by You: To the fullest extent permitted by law, you agree to defend and hold harmless our website from and against any and all claims, losses, charges, costs, and liability that may arise from your use of our software service.LICENSE GRANT Subject to the terms and conditions of this Terms, we grant you a non-exclusive, revocable, non-transferable, personal, limited license, to (a) download and install the most current available version of the Application and Services offered to you, and (b) use the Services solely for your personal, non-commercial purposes. The Services may not be used for any other purpose without Company’s prior written consent. If you are installing a version of the Application that includes third party features and functionalities or accesses third party content, such third-party features, functionalities and content are subject to such third party's terms of service and are not governed by these Terms.
Our website is only available to people who are at least 13 years old. Those under the age of 13 should have their parents or legal guardians review and discuss this agreement with them before using the website.
RESTRICTIONS OF USE:
You may not rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way transfer the Service or use the Application for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Application or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Application in any way. You do not have the right to and may not create derivative works of the Service. All modifications or enhancements to the Application remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our Services at any time, and we may at any time suspend or terminate any license hereunder and disable the Application or any of its component features. You represent and warrant that you are either the owner or an authorized user of the computer where the Application is installed. You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of our Services. You agree not to use the Services to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or by any contractual provision by which you are bound. You further agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of the Services, except to disable or remove our Application from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our Application. We reserve the right to investigate occurrences which may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
We reserve the right to add or remove features or functions to or from the Service. When installed on your computer, the Application periodically communicates with our servers to request automatic updates when we release a new version of the Application, or when we make new features available. you hereby agree that the company may automatically download and install updates to the Application, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. you agree to receive such updates as part of your use of the Application. In the event, we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to notify you. These updates shall be controlled by your device settings.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:
For any dispute you have with us, you agree to first contact us Contact Us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
Axe Media B.V.
3994 PH Houten