Latest updated on: 14-10-2024
Our company Dummy corp ("we," "us," or "our"), and you, our customer ("you" or "your"), are the parties to these Terms and Conditions (the "Agreement"). Your use of our website, mazefunzone.com (the "Website") and all applications and services related hereto (collectively, the "Services") is governed by this Agreement.
Please note this Website is only intended for private use by individuals of the age of majority in their jurisdiction - we do not accept customers who are entities, using our Services for commercial purposes or from individuals who are considered minors in their jurisdiction.
THESE Terms and Conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. Please read Section L below carefully.
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Agreement
If you create an account on our Website, viewing its content, use our service and or make a purchase on the Website you automatically also accept this Agreement. If you do not agree to these Terms and Conditions in this Agreement, kindly instantly refrain from using our Services and the Website.
Our service is only available to individuals, and we will not accept entities or similar customers other than a natural person.
Please note that our Privacy Policy, and our Cookie Policy are both an integrated part of this Agreement.
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Services
You will only have access to our Services if you purchase a subscription (please see more about payment and our plans below in Section D).
With a subscription you will have access to full our digital library.
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Account
To use our Services you will have to create an Account on our Website. You will need an email address and a password to be able to create an Account with us, we might also, in our sole discretion, require other relevant information - such as payment details and billing address - for you to be able to create an Account.
If you choose to create an Account you also accept this Agreement and to receive electronic messages to the email address you have provided. It is therefore of utmost importance that you at all times keep your email address updated in your Account.
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Your responsibility: All activity that occurs under your Account, including unauthorised activity, is your responsibility. It is your responsibility to maintain the privacy of your Account credentials and are not permitted to disclose them to any third party. After each session while using a computer that is accessible to others, you are required to log out of your Account. If you discover unauthorised access to your Account, you are obligated to promptly change your password and inform us.
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Acceptance: When creating an Account, you agree and accept that you grant us permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your Account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may withdraw the foregoing permission by deleting your Account. We shall have the right to identify public profiles in our marketing and investor materials.
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Age of Majority: we have an age restriction and do only offer our Services to individuals which are at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater.
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Subscription fees and Payment
- You shall pay the subscription fees to us in accordance with the subscription plan chosen by you upon sign-up.
- By utilizing our services, you consent to be enrolled in a trial period for a nominal fee. The specifics of the trial duration and fee may vary based on the membership plan selected
- Upon the expiration of the trial period, a paid subscription commences (barring any cancellations) and the complete subscription fee becomes due. You are required to pay the fee for the initial subscription period (or any subsequent period) if you agreed to do so upon sign-up, upon renewal, you are required to pay the complete fee.
- We might provide discounted or complimentary trial subscriptions at our sole discretion.
- Unless stated otherwise or agreed in writing by us all subscription fees shall be payable in advance.
- Unless stated otherwise, all subscription fees and other amounts referred to in this Agreement are (a) non-cancellable and non-refundable; (b) and are inclusive of value added tax (if applicable).
- If you fail to make payment of any sum due to be paid to us under this Agreement by the due date for payment, then without prejudice to any other rights and remedies available to us: (a) we may, without liability to you, disable your access to and/ or use of the Service (or any part of it) and we shall be under no obligation to provide any or all of the Service while the outstanding amounts concerned remain unpaid.
- We will be entitled to change the subscription fees at the start of each renewal period upon giving at least 30 days' prior notice to you and this Agreement shall be deemed to have been amended accordingly. In accordance with this Agreement, you may terminate your subscription if you do not desire to accept a change in fees.
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Recurring billing
Unless cancelled in advance, subscriptions automatically renew at the conclusion of each subscription period. Every plan renews for a fixed period. The duration of each renewal period depends on the specific membership plan chosen. The applicable subscription fee is due at the commencement of each renewal period.
Notifications of payments will be transmitted via [email protected]; the transaction will be displayed as mazefunzone.com on your bank statement.
In the event that an attempt is made to process a recurring payment associated with your subscription fails, an administrative fee of USD3.00 and USD9.99 may be added to your Account. This fee is intended to preserve the subscription's status until the complete subscription fee can be processed successfully.
- At the end of your subscription, your Account will be deleted or reverted to a free membership, at our discretion. We might remove any content within your Account.
- You may terminate your subscription prior to the conclusion of your present period, subject to the policies outlined in this Agreement. No refunds are issued for partially utilised subscriptions.
- We are conducting a comprehensive investigation into all chargebacks; submitting a chargeback could potentially impede your ability to purchase our Services in the future.
- In the event that a fraud claim is made against your Account, we may initiate communication with you or your bank to safeguard your interests and avoid any subsequent fraudulent charges to your credit card.
- Unless expressly authorised by us in writing, you are not permitted to sell, resell, rent, lease, or distribute any subscription or other component of our Services to a third party. Violations hereof may result in the suspension or termination of the Accounts.
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Cancellation of membership and refund
To cancel your membership, you shall inform us of your wish to cancel no later than seven (7) days prior to the conclusion of the present term - or during the trial period if your current membership period is a trial.
You agree that we shall automatically and without further notice renew your membership, unless you notify us about your wish to cancel as described above. We will do so with the full authorization you hereby grant.
You may terminate your subscription prior to the conclusion of your present period, subject to the policies outlined just above, no refunds are issued for partially utilised subscriptions.
Please reach out to our Customer Support department if you have any questions or concerns in relation to a transaction to your membership.
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Your acceptance
In using our Services, you accept and agree not to:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute "spam" in any form or use misleading metadata;
- Collect personal information about others without their authorization;
- Access another's Account except as permitted herein;
- Use or export any of our Services in violation of any EU law;
- Act in a manner that would subject us to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
- Engage in any unlawful activity;
- Cause or encourage others to do any of the above.
Further, you agree and confirm that you will not:
- Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
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Users who are restricted from using our Services
You may not use our Services if you:
- are considered a minor in your jurisdiction;
- are a terror or hate group or a member thereof;
- are subject to sanctions such that we would be required to block your videos in a substantial number of countries in which we provide service.
Should the procurement of our products or Services contravene any EU sanctions, then you are prohibited from doing so. You hereby affirm that you are and will continue to comply with the aforementioned restrictions.
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Indemnification
You hereby indemnify, defend, and hold harmless Dummy corp and its subsidiaries, parents, and affiliates, as well as their and our respective directors, officers, employees, and agents, against any and all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses (including attorney fees) that may arise from or are related to the following: allegations of your actions or omissions that would constitute a breach of this Agreement(regardless whether proven).
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Term and termination
This Agreement is in effect from the moment you utilise our Services for the first time and, and/or for as long as you maintain an Account with us or continue to use our Services. Paid Accounts will persist for the duration of the subscription and will be renewed in accordance with the conditions of this Agreement and the subscription plan you selected at the time of registration. We reserve the right to terminate this agreement at any time with thirty (30) days' written notice, should the need arise.
In the event that you violate this Agreement, we reserve the right to: (a) promptly terminate this Agreement, with or without prior written notice; (b) restrict, disable, or suspend access to your Account (and any other Accounts you control) or any content contained therein; and (c) retain any amounts owed to you, to the extent permitted by applicable law, in addition to any amounts forfeited. Reinstatement is not permitted in the event that your Account is deleted due to a breach.
The following sections shall remain enforceable in the event of any termination or expiration: Section M(General Provisions), Section H (Indemnification), Section J (Disclaimers), Section K (Limitation of Liability), and Section L (Disputes and Arbitration).
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Disclaimers
WE PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, we make no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- That we will host, make available, or remove any specific piece of content;
- Concerning any content submitted by or actions of our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or any other industry-specific privacy obligations;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
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Limitation of liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL LIABILITY TO YOU, EXCEPT FOR OUR CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED US DOLLARS (USD $100), WHICHEVER IS GREATER.
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Disputes and Arbitration
Prior to seeking external assistance, if you are in any way dissatisfied with our services, you agree to first contact our Customer Support department so that we may endeavour to resolve your concerns. Our Customer Support can be reached via phone at or email us at [email protected].
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Choice of Venue for Litigation; Jury Trial Waiver
You and we hereby relinquish any right to a jury trial in any action or proceeding to enforce or defend any rights (a) under this Agreement, any amendment, instrument, document, or agreement delivered, or which may be delivered in connection with this Agreement, or (b) any banking relationship existing in connection with this Agreement, with the exception of matters that are subject to arbitration (as specified below). We mutually consent to have such actions and proceedings tried by a court in Country, and not before a jury.
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Arbitration of Privacy Claims; Class Action Waiver
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Binding Arbitration
All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. No award or procedural order made in the arbitration shall be published. The parties agree that the findings of the expert shall be contractually binding upon them.
It is agreed that;
- The place of arbitration shall be Country.;
- The language to be used in the arbitral proceedings shall be English".
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Limitation
Under no circumstances may any dispute pertaining to the Website, brought by any Party, be initiated more than a year (1) following the emergence of the cause of action.
The Parties acknowledge and agree that the arbitration will only address the particular dispute between them. To the maximum extent allowed by law, the following rules apply: (a) no arbitration may be combined with another action; (b) no dispute may be arbitrated through class action procedures or on a class action basis; and (c) no dispute may be brought in an alleged representative capacity on behalf of the public at large or any other party.
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Exceptions
The parties agree that the following disputes are not covered by the above provisions regarding binding arbitration: (a) disputes pertaining to the validity, enforcement, or protection of any Party's intellectual property rights; (b) disputes pertaining to or resulting from claims of theft, piracy, unauthorised use, or invasion of privacy; and (c) disputes pertaining to any claim for injunctive relief. In the event that this provision is determined to be unlawful or unenforceable, neither Party shall choose to have any dispute pertaining to the illegal or unenforceable portion of this provision arbitrated; instead, the Parties agree to submit to the personal jurisdiction of the court that has competent jurisdiction over the matter.
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General provisions
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Reservation of Rights, Severability
All rights reserved are those not expressly granted herein. Our entitlements and remedies are cumulative. Failure or delay on our part to exercise a right shall not result in the waiver of any subsequent exercise of that right. In the event that a court of competent jurisdiction declares any provision of this Agreement invalid or unenforceable, that provision shall be severed or limited.
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Force Majeure
We shall not be held responsible for any failure or delay caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within our reasonable control, whether or not foreseeable (each a "Force Majeure event"). In the event of a force majeure event, we shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
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Choice of Law
Without regards of principles of conflicts of law, any disputes arising from this Agreement or your use of our Services shall be governed by the laws of Country.
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Entire Agreement
This Agreement with below incorporated policies regulates the understanding and entire agreement between you and us regarding the object thereof
This Agreement incorporates the following documents (and no others) by reference:
- Privacy Policy
- Cookie Policy
- Return & Refund Policy
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Changes
This Agreement my be updated by posting a revised version on this page on our Website. By continuing to use our Services, you accept any revised Agreement.
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Notices
You must send any notices of a legal nature to us by e-mail at [email protected] or at:
Dummy corp
Random street 14, Random block
Fictive Town, ABC-123
Country
Phone:
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