Terms of Service
SupaDupa Terms of Service
1. Your Acceptance of Terms
Welcome to SupaDupa
The following Terms of Service (TOS) are between you and SupaDupa and constitute a legal agreement that governs your use of the SupaDupa product, software, services and websites (collectively referred to as the âServiceâ). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "SupaDupa" as used herein means SupaDupa Me Limited., located at 10 Malton Road, London W10 5UP, United Kingdom. Company Registration Number 7859186.
To use and/or register for the Service you must be: a) of legal age to form a binding contract with SupaDupa, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing. If you are under the required legal age, but at least 13 years old, you may still use the Service (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian (see Section 3 below for further details).
SupaDupa may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time at http://www.SupaDupa.me/legal/Terms-of-Service/. If SupaDupa makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if SupaDupa makes a change to the TOS that materially impacts your use of the Service, SupaDupa may post notice of any such change on our website and/or email you notice of any such change to your SupaDupa account.
2. Description of the Service
Use of the Service requires one or more compatible devices, certain software and internet access with compatible ISP (broadband required for web applications); separate fees may apply. Your use of the Service may be affected by certain combinations of hardware, software and/or internet access. High speed internet access is strongly recommended. Compatible device: Mac, PC.
Changing the Service
SupaDupa reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, SupaDupa may post on our website and/or send email to your SupaDupa account, notice of such changes to the Service. It is your responsibility to review our website and/or check your SupaDupa email address for any such notices. You agree that SupaDupa shall not be liable to you or any third party for any modification or cessation of the Service.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your SupaDupa account is allocated certain levels of storage capacity and features as described in the SupaDupa feature pages. Exceeding any applicable limitation of features or storage capacity is prohibited. To view your current storage and feature allocations, log in to your SupaDupa account page at https://secure.me.com/account. In addition, if there is Excessive Usage on your account or any Sub-account (as defined in Section 3 below) , SupaDupa reserves the right to temporarily disable access to information available from your account through a URL, or to "bounce" emails back to senders. âExcessive Usageâ as used herein, may apply to storage and/or bandwidth capacities, and means your usage within a given month or day (as applicable) greatly exceeds the average level of monthly or daily usage of SupaDupa's members generally. Repeated violations may result in termination of your account. SupaDupa reserves the right to modify these limitations on use at any time.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries and SupaDupa makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
a. From time to time, SupaDupa may choose to offer new and/or updated features of the Service (the âBeta Featuresâ) as part of a Public Beta Program (the âProgramâ) for the purpose of providing SupaDupa with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and SupaDupa, and that SupaDupa is not obligated to provide you with any Beta Features. SupaDupa may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that SupaDupa may collect and use certain information from your account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by these TOS and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an âAS ISâ and âAS AVAILABLEâ basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. SupaDupa strongly encourages you to back-up all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. SupaDupa may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that SupaDupa provides to you in order to receive any such support. SupaDupa reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that SupaDupa has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, SupaDupa will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, SupaDupa will be free to use any feedback you provide for any purpose.
3. Your Use of the Service
When you accept these TOS and complete the SupaDupa sign up process, you become the SupaDupa âMember Accountâ holder. You are required to select a unique name upon sign up that will be used for your account (your âAccount Emailâ). You may be permitted to purchase and add additional âSub-accountsâ (also known as âFamily Memberâ accounts) to your Member Account. You must select a separate Account Email for each Sub-account you create. You are responsible for all activity that takes place on your Member Account and any associated Sub-accounts.
If you use a Sub-account, the Member Account holder has full control over your Sub-account and may alter, close or end the Sub-account at any time, as well as request information related to your use of the Sub-account, including machine and service use information, without notice to you.
Upon creating your Account Email you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Account Email. If you suspect or become aware of any unauthorized use of your account please contact SupaDupa Support at http://www.SupaDupa.me/support/. Your further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual.
You must be at least 13 years of age to use the Service. Children between the ages of 13-18 (or older as required by local law) may be granted access to the Service but only if they are added as a Sub-account to a Member Account. By adding a child as a Sub-Account member under your Member Account, you certify that you are of legal age and are the parent and/or legal guardian of that child. By adding a minor to your Member Account, you give them permission to access and use the Service, and it is your responsibility to determine whether the Service and/or Content (as defined below in Section 5) provided via the Service is appropriate for a minor. Please also remind any minors that conversing with strangers on the internet can be dangerous and take appropriate precautions to protect your child including monitoring their use of the Service.
Sign Up Obligations
You agree that all information you provide to SupaDupa during the sign up process ("Sign Up Data") will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your account.
SupaDupa Me makes use of discreet part of the footer links for self accreditation in the form of a 'Badge' graphic and text to give credit to the platform the website was created on.
SupaDupa Me credits are settings that form part of the subscription plan's settings and may only be removed or amended if the active subscription plan permits it.
Unless otherwise stated only Caviar subscribers are explicitly granted permission to remove SupaDupa Me site accreditation.
Removal or making any effort to obscure site accreditation constitutes a violation of the TOS.
Nothing in these TOS shall be construed to convey to you any interest, title, or license in a Account Email, email address, domain name, or similar resource used by you in connection with the Service.
No Right of Survivorship
You agree that your SupaDupa account is non-transferable and that any rights to your Account Email or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all Content within your account deleted. Contact support at http://www.SupaDupa.me/support/ for further assistance.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
Use of Location-based Services
5. Content and Your Conduct
"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not SupaDupa, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. SupaDupa does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous,abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
stalk, harass, threaten or harm another;
if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
pretend to be anyone, or any entity, you are not â you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another SupaDupa subscriber, an SupaDupa employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (SupaDupa reserves the right to reject or block any Account Email which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (âspoofing");
upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
plan or engage in any illegal activity; and/or
gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that SupaDupa is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, SupaDupa reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
Backup Your Content
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. SupaDupa does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
Access to Your Account and Content
You acknowledge and agree that SupaDupa may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of SupaDupa, its users or the public as required or pemitted by law.
Copyright Notice - DMCA
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact SupaDupa's Copyright Agent as described in our Copyright Policy at http://www.SupaDupa.com/legal/trademark/claimsofcopyright.html. SupaDupa may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.
Violations of TOS
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to email@example.com.
You agree to pay all fees and charges specified when you signed up for the Service and any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.
Credit Card Authorization
You may be asked to provide SupaDupa with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to the Service. SupaDupa may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
SupaDupa will charge the monthly subscription fee and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing SupaDupa to charge a credit card for the fees associated with your subscription, you are authorizing SupaDupa to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs SupaDupa of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize SupaDupa, or any other company that acts as a billing agent for SupaDupa, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide SupaDupa updated information on your credit card upon SupaDupa's request and any time the information earlier provided is no longer valid. If payment is not received by SupaDupa from your credit card issuer or its agents, you agree to pay all amounts due upon demand by SupaDupa.
Free Trial Period
SupaDupa may offer you a one-time free trial period during which you can try out the Service for free (âFree Trial Periodâ). If you are participating in a Free Trial Period, you must cancel the Service by the end of the trial period to avoid incurring any charges. If you do not cancel the Service before the Free Trial Period expires, and we have informed you that the Service will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize us to charge your credit card the applicable fees as indicated at the time you signed up for the Service. During the Free Trial Period, you agree that SupaDupa will have the right (subject to applicable local law) to send you communications, notices and news about the Service to your SupaDupa email address and to any alternate email address you may have provided. Local law may allow you to revoke your consent to receiving these communications at any time during the Free Trial Period. Upgrades to a Member Account (e.g. Pro, Enterprise or other such upgrade) are only available upon purchase of a monthly subscription and are therefore not available to subscribers during the Free Trial Period. SupaDupa reserves the right to modify, cancel and/or limit this Free Trial Period offer at any time.
You may cancel your account at any time during the Free Trial Period by going to the Account Options section at http://yourname.mysupadupa.com/admin/users/1/edit . Upon cancelling your account, you will lose all access to the Service and any data or information stored within your account. (See "Effects of Terminationâ below for additional details.)
Automatic Renewal of Monthly Subscription
When you sign up online for the Service, your annual subscription will be set to automatically renew upon its expiration. This means that unless you cancel your account or change its renewal settings prior to its expiration, your account will automatically renew for another month. At the time of renewal, we will charge your credit card the then-current fees to renew the Service. You may change your renewal settings at any time by going to http://yourname.mysupadupa.com/admin/users/1/edit.
Account Information and Billing Inquiries
You may consult your SupaDupa account management page at http://yourname.mysupadupa.com/admin/users/1/edit for details on your account information including payment method and billing currency. SupaDupa shall send an electronic invoice to your SupaDupa email address whenever any Service fees are charged to your account. If you believe you have been billed in error for the Service please notify us within 7 days of the billing date by contacting SupaDupa Support at http://www.SupaDupa.me/support/
Cancellations and Refunds
All fees and charges paid by you in relation to the Service are nonrefundable, except as otherwise stated herein. SupaDupa shall refund the applicable fees paid by you upon initial online sign up or renewal of the Service provided SupaDupa receives such refund request within seven (7) days of the billing date for any such fees. To request a refund as described herein go to http://www.SupaDupa.me/support/ for more details. Applicable local law may vary this policy.
Changes in Price
SupaDupa may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
7. Content Submitted or Made Available by You on the Service
License from You
Except for material we may license to you, SupaDupa does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public, you grant SupaDupa a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or SupaDupa remove such Content from the public area. By submitting or posting such Content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.
Changes to Content
You understand that in order to provide the Service and make your Content available thereon, SupaDupa may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits SupaDupa to take any such actions.
8. Trademark Information
SupaDupa, the SupaDupa logo and other SupaDupa trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of SupaDupa Ltd. in the UK and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
SupaDupa's Proprietary Rights
You acknowledge and agree that SupaDupa and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the âSoftwareâ), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
License From SupaDupa
SupaDupa grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by SupaDupa as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any UK. embargoed countries or (b) to anyone on the UK. Treasury Department's list of Specially Designated Nationals or the UK. Department of Commerce Denied Person's List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by English law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your SupaDupa account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
As part of the Service, you may from time to time receive updates to the Software from SupaDupa which will be automatically installed to your Account. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that SupaDupa may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
Termination by You
You may terminate your account and/or stop using the Service at any time. To terminate your account contact SupaDupa Support at http://www.SupaDupa.me/support/. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by these TOS), including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
Termination by SupaDupa
SupaDupa may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by SupaDupa in its sole discretion, without any refund to you of any prepaid fees or amounts, and SupaDupa will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Effects of Termination
Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Member Account (any Sub-accounts thereunder), Account Email, domains and all other related services. In addition, SupaDupa shall delete all information and data stored in or as a part of your account(s) including, but not limited to, data files, email, albums and preferences. Any individual components of the Service that you may have used subject to separate software license agreements (e.g. Backup software) will also be terminated in accordance with those license agreements.
11. Links and Other Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because SupaDupa may have no control over such third party sites and/or materials, you acknowledge and agree that SupaDupa is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that SupaDupa shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Google Maps Service
Use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service available at http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices at http://maps.google.com/help/legalnotices_maps.html.
12. Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SupaDupa AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, SupaDupa AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SupaDupa OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SupaDupa AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF SupaDupa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold SupaDupa, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, including any use by Sub-accounts, and that these TOS apply to any and all usage of your account, including any use by Sub-accounts. You agree to comply with these TOS and to defend, indemnify and hold harmless SupaDupa from and against any and all claims and demands arising from usage of your account or any Sub-account, whether or not such usage is expressly authorized by you.
SupaDupa may provide you with notices regarding the Service, including changes to these TOS, by email to your SupaDupa email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
16. Governing Law
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and SupaDupa shall be governed by English law. You and SupaDupa agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom, to resolve any dispute or claim arising from these TOS.If (a) you are not a UK citizen; (b) you do not reside in the UK.; (c) you are not accessing the Service from the UK.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these TOS shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of: Any European Union country
Governing law and forum: English Law
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
These TOS constitute the entire agreement between you and SupaDupa, govern your use of the Service and completely replace any prior agreements between you and SupaDupa in relation to the the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of SupaDupa to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Last revised: December 5th, 2011
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