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from time to time if you do not read and accept these terms in its entirety you should not use or continue using the website you accept that in case you have not read and accepted the amended terms and continue to use the website the current version of the terms will be applicable to you we reserve the right to alter amend or modify these terms from time to time at our sole discretion we will provide you with a notice of such changes by appropriate means i e sending an email providing notice on the homepage of the website by posting the amended terms on the website and updating the last modified date at the top of these terms or any other option we deem appropriate and compliant with applicable legislation the amended terms will be deemed effective immediately upon posting on website it is your responsibility to check the website periodically for changes your continued use of or access to the website following any changes to these terms constitutes acceptance of those changes any updated or edited version supersedes any prior versions immediately upon posting and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect if you disagree with the amends made to the terms then please stop using the website and cease your access 16 indemnification and release 16 1 you hereby agree to indemnify us and hold us harmless from any and all damages and third party claims and expenses including attorney s fees arising from your use of the website or from your breach of the terms in the event that you have a dispute with one or more other users or any third parties you hereby release us our officers employees agents and successors in right from claims demands and damages actual and consequential of every kind or nature known and unknown suspected and unsuspected disclosed and undisclosed arising out of or in any way related to such disputes and or the website 17 disclaimer of warranties and limitations of liabilities read this section carefully as it limits our liability to the maximum extent permitted under applicable law 17 1 the website may contain links to third party websites which are independent of us we assume no responsibility for the content privacy policies or practices of and make no representation or warranty as to the accuracy completeness or authenticity of information contained in any third party websites we have no right or ability to edit the content of any third party websites you acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites 17 2 the website is provided as is and without any warranty or condition express implied or statutory we specifically disclaim to the fullest extent any implied warranties of merchantability fitness for a particular purpose non infringement information accuracy integration interoperability or quiet enjoyment we disclaim any warranties for viruses or other harmful components in connection with the website some jurisdictions do not allow the disclaimer of implied warranties therefore in such jurisdictions some of the foregoing disclaimers may not apply to you insofar as they relate to such implied warranties 17 3 under no circumstances shall we be liable for direct indirect incidental special consequential or exemplary damages even if we have been advised of the possibility of such damages resulting from any aspect of your use of the website whether without limitation such damages arise from i your use misuse or inability to use the website ii your reliance on any content on the website s iii the interruption suspension modification alteration or complete discontinuance of the website s or iv the termination of service by us these limitations also apply with respect to damages incurred by reason of other services or products received or advertised in connection with the website s some jurisdictions do not allow some limitations of liability therefore in such jurisdictions some of the foregoing limitations may not apply to you we do not warrant that i the website s will meet your requirements or expectations ii the website s will be uninterrupted timely secure or error free iii the results that may be obtained from your use of the website s will be accurate or reliable iv the quality of any products services information content or other material obtained through the website s will meet your requirements or expectations or v any errors in content will be corrected any content obtained through the use of the website s is obtained at your own discretion and risk you are solely responsible for any damage to your computer system or other device or loss of data that results from such content your sole and exclusive right and remedy in case of dissatisfaction with the website s or any other grievance shall be the termination of your use of the website s without limiting the foregoing in no case shall the maximum liability of us arising from or relating to your use of the website s or related to the terms exceed 50 eur 18 out of court dispute settlement arbitration provisions and governing laws 18 1 binding arbitration if there is a dispute between the parties arising out of or otherwise relating to this agreement the parties shall meet and negotiate in good faith to attempt to resolve the dispute if the parties are unable to resolve the dispute through direct negotiations then except as otherwise provided herein either party must submit the issue to binding arbitration in accordance with applicable arbitration ordinance claims subject to arbitration arbitral claims shall include but are not limited to contract and tort claims of all kinds and all claims based on any federal state or local law statute or regulation excepting only claims by us under applicable worker s compensation law unemployment insurance claims intellectual property claims including but not limited to claims involving copyrights trademarks patents unfair competition and or trade secrets along with actions regardless of the underlying cause of action seeking injunctions attachment garnishment and other equitable relief the arbitration shall be conducted in the republic of cyprus in a convenient location agreed to by the parties or absent such agreement selected by the arbitrator the arbitration shall be conducted by a single arbitrator knowledgeable in internet and e commerce disputes the arbitrator shall be willing to execute an oath of neutrality the arbitrator shall have no authority to award any punitive or exemplary damages certify a class action add any parties or vary or ignore the provisions of this agreement the arbitrators shall be bound by and apply cyprus law to any dispute submitted for arbitration hereunder and this agreement shall be interpreted in accordance with the laws of cyprus the arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty 30 days of the conclusion of the arbitration proceeding the parties hereby waive any rights they may have to trial by jury in regard to arbitral claims 18 2 no waiver of right to arbitration there shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party there shall be no implied waiver of this right to arbitration no acts including the filing of litigation shall be construed as a waiver or a repudiation of the right to arbitrate no action regardless of form arising out of or in conjunction with the subject matter of this agreement except for claims involving intellectual property claims to recover outstanding amounts due to us and claims for indemnification may be brought by any party more than one 1 year after the cause of action arose 18 3 under article 21 of the dsa if you are located within the european union you also have the right to opt for out of court dispute resolution concerning decisions referred to in article 20 1 of the dsa including unresolved complaints per our internal complaint handling system appeal system you may select any certified out of court dispute settlement body established in the republic of cyprus capable of resolving disputes in the english or greek language the right to opt for out of court dispute resolution is without prejudice to your right to initiate proceedings in a court in accordance with applicable law 19 measures and protection against misuse under article 23 of the dsa in accordance with the provisions on article 23 of the dsa we may take appropriate action against users individuals or entities who frequently submit notices that are manifestly unfounded and are submitted in an unusually large number volume 19 1 suspension of services we reserve the right to suspend the provision of website and or company services for a reasonable period of time to users that provide manifestly illegal content such suspension shall occur after the issuance of a prior warning to the user depending on the severity of the violation 19 2 suspension of notice and complaint processing we reserve the right to suspend for a reasonable period of time the processing of notices and complaints submitted through website notice and action mechanisms available via contact us form and internal complaints handling systems appeal procedure which is also available via contact us form if they are frequently found to be manifestly unfounded prior to suspension a warning will be provided to the complainant depending on the severity of the violation 19 3 assessment criteria when determining whether suspension is warranted under paragraphs above the company will assess the behavior of the user on a case by case basis this assessment will be conducted in a timely diligent and objective manner taking into account the following circumstances 19 3 1 the absolute numbers of manifestly illegal content or manifestly unfounded notices or complaints submitted within the last year 19 3 2 the relative proportion thereof in relation to the total number of items of information provided or notices submitted within the last year 19 3 3 the gravity of the misuses including the nature of illegal content and its consequences 19 3 4 the intention of the user where identifiable 20 internal complaint handling system 20 1 under article 20 of the dsa you have the right to appeal decisions made by the company through our internal complaint handling system this system allows you to lodge complaints against decisions related to content removal or visibility service suspension account termination or monetization restrictions you can utilize the appeal system within six 6 months of receiving the statement of reasons about our decision using our contact us form once we receive your appeal a responsible team will review it and inform you promptly of its outcome 21 general terms 21 1 the terms as amended from time to time constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent 21 2 our failure to enforce any provision of the terms will not be construed as a waiver of any provision or right 21 3 if any part of the terms is determined to be invalid or unenforceable pursuant to applicable law then the invalid and unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect 21 4 nothing herein is intended nor will be deemed to confer rights or remedies upon any third party 21 5 the terms are not assignable transferable or sub licensable by you except with our prior written consent but may be assigned or transferred by us without restriction 21 6 nothing in this agreement shall be deemed to constitute create imply give effect to or otherwise recognize a partnership employment joint venture or formal business entity of any kind and the rights and obligations of the parties shall be limited to those expressly set forth herein 21 7 the section titles in the terms are for convenience only and have no legal or contractual effect 21 8 as used in the terms the term including is illustrative and not limitative 21 9 if the terms or any other documents between you and us are translated and executed in any language other than english and there is any conflict between the translation and the english version the english version shall prevail appendix 1 to the agreement special provisions of the agreement for users in australia this appendix applies to users who access or use the website from the territory of australia australian users the company is operated as a designated internet service under the australian online safety act 2021 online safety act act this appendix supplements the main agreement and applies specifically to australian users in addition to the provisions of the agreement australian users should be aware of and accept the following in full 1 definitions for the purposes of this appendix 1 1 australian user means a person accessing the website and using the services provided by the company from the territory of australia 1 2 class 1a material shall mean any material by any medium that depicts or otherwise contains child sexual exploitation child sexual abuse extreme crime and or violence or material that is in support of terror and or acts of terror 1 3 class 1b material means a person accessing the website and using the services provided by the company from the territory of australia 1 4 esafety commissioner means the australian esafety commissioner 2 compliance with australian online safety laws the company operates in accordance with the online safety act 2021 and any applicable online safety codes and standards registered under that act the company may implement policies systems and procedures designed to prevent the distribution of unlawful and harmful content and to promote the safety of australian users online 3 prohibited content per the provisions of the online safety act 2021 browsers members and content providers hereby must ensure and subsequently warrants that 3 1 the content uploaded or attempted to be uploaded to the website should be in adherence to our agreement and specifically to clauses 6 7 8 or 11 of the agreement 3 2 any audiovisual content uploaded to or attempted to be uploaded to the website must not contain class 1a or class 1b materials including child sexual exploitation material or terrorist propaganda nor must it contain content prohibited under the agreement 3 3 browsers members and content providers shall ensure to the extent possible that they comply with the provisions of this section 3 4 browsers members and content providers are prohibited to distribute any content that a promotes incites instructs in or depicts serious crime or extreme violence b includes non consensual intimate imag...
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