8. GUIDELINES
FOR REVIEWS
We may provide you areas on the
Services 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 hateful 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; and
(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 sublicensable right and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.
9. SOCIAL
MEDIA
As part of the
functionality of the Services, 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 Services; 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 Services 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 Services. 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 Services. You will have the ability to disable the connection between your account on
the Services 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, for 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 Services. You can deactivate the connection
between the Services 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.
10. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or you
may be sent via the Site) 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 Services or any Third-Party Content posted on, available through, or installed from
the Services, 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 Services 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 Legal Terms 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 Services or relating
to
any applications you use or install from the Services. 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
blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold
us blameless 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.
11. ADVERTISERS
We allow advertisers to display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements
or banner advertisements. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
12. SERVICES
MANAGEMENT
We reserve the right, but not
the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, 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 Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy:
https://ebbi.rocks/legal/privacy.html
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
Montenegro
and United States
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in
Montenegro
and United States
, then through your continued use of the Services, you are
transferring your data to
Montenegro
and United States
, and you expressly consent to have your data transferred to
and processed in
Montenegro
and 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 Services as quickly as is reasonably practical.
14. TERM
AND TERMINATION
These Legal Terms shall remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (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
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES 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.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right
to
change, revise, update, suspend, discontinue, or otherwise modify the Services 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 Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services
or to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING
LAW
These Legal Terms shall be
governed
by and defined following the laws of
Montenegro
. Karika Tech doo Podgorica and yourself irrevocably consent that the
courts of
Montenegro
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.
17. DISPUTE
RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the
legal relationship established by these Legal Terms to the jurisdiction of the
Montenegro
courts. Karika Tech doo Podgorica
shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the
country where you reside or, if these Legal Terms are entered into in the course of your trade or
profession, the state of your principal place of business.
18. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, 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 Services at any time,
without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES 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
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES 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 SERVICES, (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 SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, 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.
20. LIMITATIONS
OF LIABILITY
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 SERVICES, 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
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL 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.
21. INDEMNIFICATION
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 Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (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 Services with
whom you connected via the Services. 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.
22. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. 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 Services. 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.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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 SERVICES. 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.
24. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not
operate as a waiver of such right or provision. These Legal Terms 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 Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms 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 Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against
us
by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Karika Tech doo Podgorica
Podgorica
Podgorica
, Montenegro
81000
Montenegro
contact@karika.me