These “Terms of Service,” as amended from time to time, govern the agreement between you and Qeote LLC and its affiliates (“Company”) regarding your use of Company’s game application(s) for mobile devices (“Application”) and any related services and websites you access that are owned, controlled, or operated by Company (together, the “Services”). Use of the Services is also governed by Company’s Privacy Policy, which is incorporated herein by reference, and which you represent you have read. The Terms of Service and Privacy Policy, together, form a legally binding contract to which you agree to be bound. If you are under the age of 18, you represent that your parent or guardian has reviewed and consented to these Terms and your use of the Services.
Company may modify the Terms of Service at any time. Revisions shall be effective thirty (30) days after posting, except for new Services, which shall be effective immediately upon posting.
By accessing or using the Services, you accept and agree to these Terms of Service and the Privacy Policy. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. You are responsible for providing all equipment and software necessary to access the Services, including, but not limited to, a suitable mobile device, if applicable. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services. You acknowledge and agree that Company may update the Services at any time with or without notifying you. You understand that you may be required to accept any such updates and you may need to update third party software from time to time in order to use the Services.
Subject to your compliance with these Terms of Service and any other applicable Company policies, including the End User License Agreement-Application, Company grants you a limited, non-exclusive non-transferable, revocable license to access and use the Services for your non-commercial entertainment purposes. You agree not to use the Services for any other purpose. Company or its licensors retain all ownership rights to the Services and all rights not licensed herein are reserved solely for Company and its licensors.
Through the Services, you may be able to earn or purchase “Virtual Coins”, including without limitation, virtual currency or coins, cash, tokens, or points solely for use in the Services. You understand and acknowledge that Virtual Coins are not “real” currency and are not owned by you, but simply represent the scope of your license. Upon purchase, you are given a limited license to use the Services, including programs that occasionally manifest themselves as Virtual Coins. Virtual Coins may only be held in accounts belonging to legal residents of countries where access and use is permitted. The purchase and sale of Virtual Coins and the corresponding license is completed upon receipt of your direct payment or redemption of the applicable virtual currency. Company reserves the right to refuse or block your request(s) to acquire Virtual Coins for any or no reason.
Some Services may require you to register an account on our website or to have a valid account on the social networking service (“SNS”) through which you connect to the Services, or the applications provider for your mobile device (collectively, “Account”). When creating or updating an Account, you may be required to provide certain personal information, such as your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Company’s Privacy Policy and relevant notices, if any, provided when the information is collected or used. You agree that information you submit will be accurate and complete and updated promptly after it changes.
You are solely responsible for all activity on your Account. You should not reveal your Account password to others. Company will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions. If you are aware of or reasonably suspect any breach of security to your Account, you must immediately notify Company and modify your Login Information. Your Account may be terminated if it is used by anyone to engage in an activity that violates the Terms of Service or is otherwise improper or illegal. In addition, you acknowledge and agree to the following restrictions for your Account:
a. You must be at least 13 years old to create an Account or access the Services, and you shall prevent anyone under the age of 13 from accessing your Account;
b. You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
c. You accept full responsibility for all activity on your Account and for use of any credit card or other forms of payment on your Account, whether authorized or not;
d. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Coins associated with your Account to anyone without Company’s written permission (“Prohibited Transfers”), nor access or use an Account or Virtual Coins that has come from a Prohibited Transfer;
e. You shall not use your Account for any illegal or commercial activity, including without limitation to advertise, solicit, or transmit any commercial advertisements, including without limitation, spim, spam, or junk email, to anyone;
f. You shall not use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
g. You shall not have an Account or use the Services if your account to this or any other Company application has previously been terminated; and
h. If you access the Services from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
Any violation of these Rules of Conduct is strictly prohibited, can result in immediate revocation of your license, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING OPERATION OF ANY APPLICATION IS A VIOLATION OF COMPANY POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You must obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Services. Company reserves the right to terminate your Account and to prevent your use of any and all Company Services if your Account is used to engage in illegal activity or to violate this Terms of Service. If you engage in any of the following conduct, you may violate the Terms of Service, as determined by Company in its sole discretion:
a. Violate the laws of any jurisdiction including but not limited to copyright infringement (such as uploading content of which you are not the owner or authorized licensee), trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
b. Post, transmit, promote, or distribute Content that is illegal.
c. Post or transmit commercial communications or unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
d. Harass, threaten, embarrass, spam or do anything unwanted to another player.
e. Participate in any activity or group that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate.
f. Use abusive, offensive, vulgar or defamatory language, screen names, personas, or conduct in any area of the Services, including chat rooms.
g. Engage in disruptive behavior, as determined in Company’s sole discretion, in chat areas, game areas, forums, or any other area or aspect of the Services.
h. Collect, harvest, post or communicate any other user’s personal information, passwords, or account information.
i. Improperly use in-game support or complaint buttons or make false reports.
j. Interfere with the ability of others to enjoy the Services or take actions that interfere with or materially increase the cost to provide a Service.
j. Unless expressly authorized by Company, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Company Services, Content or Virtual Currency, including by use of auction websites.
k. Impersonate another person (including celebrities), indicate falsely that you are a Company employee or representative, or attempt to mislead users by indicating that you represent Company or any of its partners or affiliates.
l. Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Services.
m. Promote, encourage, use or participate in any hacking, cracking, phishing, altering, use of exploits or cheats, and/or distribution of counterfeit software and/or virtual currency/adds.
n. Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
o. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Service.
p. Attempt to use Company software on or through any service that is not controlled or authorized by Company. Any such use is at your own risk and may subject you to third party terms.
q. Abuse or exploit bugs, undocumented features, design errors or game problems.
r. Attempt to modify any part of the Services without Company’s express authorization.
s. “Role–playing” is not an excuse for violating this or any other policy.
Company reserves the right, but is not obligated, to access or record any activity on the Services and you give Company your express consent to do so. Company reserves the right to remove any content at Company’s sole discretion. Company has no liability for your or any third party’s violation of this Agreement.
WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY, WITH OR WITHOUT NOTICE TO YOU, RESTRICT, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN COMPANY’S SOLE DETERMINATION, YOU FAIL TO COMPLY WITH THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU MAY FORFEIT YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, OR EARNED AND PURCHASED ITEMS, SUCH AS VIRTUAL COINS. YOU HAVE NO RIGHT TO BE COMPENSATED FOR ANY SUCH LOSSES.
WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY RESTRICT, TERMINATE, OR MODIFY THE SERVICE, ACCESS THERETO, OR USER ACCOUNTS OR PORTIONS THEREOF, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING INTELLECTUAL PROPERTY RIGHTS, OR ACTING INCONSISTENTLY WITH THE TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Company reserves the right to discontinue the Services at any time either permanently or temporarily, at which point your license is automatically terminated or suspended. If your Account is terminated or suspended for violation of these Terms of Service, you may not participate in the Services again without Company’s express permission. Company reserves the right to refuse to keep Accounts for, and provide Services to, any individual.
If your Account, or a particular Service associated with your Account, is terminated, suspended and/or if any Virtual Coins are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all of the Services, no refund will be granted, no Virtual Coins will be credited, converted to cash, or reimbursed in any way, and you will have no further access to your Account or Virtual Coins. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at feedback@qeote.com.
You have the right to cancel your Account at any time. If you do not agree to the Terms of Service, your sole remedy is cease using the Services and to cancel your Account. Contact customer service at feedback@qeote.com, to cancel your Account. Company reserves the right to collect fees or costs owed before you cancel your Account. You must pay third-party vendors or content providers any outstanding balances before your cancellation. You will not be able to establish a new account until all delinquent or unpaid fees are paid.
Company owns or is the licensee of any and all “Company Content” provided in the Services, including without limitation, software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or from the Services, as well as the design and appearance of our applications and websites. You have no right or title in or to any Company Content, including without limitation Virtual Coins, or any other features associated with an Account or stored on the Services. Company Content also includes User Content (“UC”), which includes without limitation, Account personas, forum posts, profile content and any other content contributed by users. Except as otherwise expressly stated below, all Company Content is owned by Company or its affiliates, subsidiaries, licensors or suppliers. Notwithstanding the foregoing, you bear the entire risk relating to any UC found on the Services.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an Account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Company. Accounts that have not otherwise been terminated or suspended will remain active until a user requests to deactivate or delete them. Company reserves the right to terminate any account that has been inactive for one hundred and eighty (180) days.
“User Content” or “UC” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a game or the Services, or that other users upload or transmit, including without limitation any chat text. You are entirely responsible for all UC you post or otherwise transmit via the Services. Company does not endorse or approve any UC and assumes no responsibility for the conduct of any user submitting any UC, nor for monitoring the Services for inappropriate or illegal content or conduct; however, we may do so at any time in our sole discretion, and you consent to any such monitoring or recording.
You represent and warrant that any UC you transmit or submit is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights and you have authorization to transmit it; and (c) free of viruses, adware, spyware, worms or other malicious code. You acknowledge and agree that any of your personal information within UC will at all times be processed by us in accordance with our Privacy Policy. Company reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UC for any reason in its sole and final discretion.
Except as expressly stated otherwise herein or in the applicable End User License Agreement, you own your UC. You hereby grant Company and its Affiliates a perpetual, irrevocable (other than as provided below), worldwide, royalty free, transferable and sub-licensable, non-exclusive license to your UC and all versions or derivative works thereof, including without limitation the right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any manner or method now known or hereafter discovered, in connection with our Services, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any UC. This UC license (excluding any content you submit in response to a specific request from us or for promotions and competitions) ends when you delete your UC or you close your Account unless your UC has been shared with others, and they have not deleted it. You acknowledge and agree that Company may maintain removed content in back-up copies for a reasonable period of time.
In the Services you may purchase, with “real world” money, a license to use Virtual Coins and or other goods or services. You may also earn Virtual Coins by participating in occasional special offers from the Company. You can license Virtual Coins by visiting the purchase page in our game. When you purchase a license from our Services, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please confirm the details as soon as possible and maintain a copy for your records. We keep records of transactions to answer any questions. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Company is not a party to the transaction. Purchases or redemptions of third party virtual currency are non-refundable by Company.
Your order for any Virtual Coins constitutes an offer to purchase a license for the relevant service(s). The offer will be deemed accepted only when the Virtual Coins are made available in your Account or when We process and receive payment, whichever comes first. Your license to any Virtual Coins begins upon acceptance by Company of your purchase or redemption of third party virtual currency.
If you reside in the European Union and you purchase a product or service from Company, you may have the right to withdraw from a purchase within seven (7) calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Coins or other items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Company may change the pricing for its goods and services at any time. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL COINS WHEN AN ACCOUNT IS CLOSED, REGARDLESS OF WHETHER THE CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
The Services may feature advertisements from Company or third parties, which may include links to third party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Company does not control and is not responsible for the linked sites or their collection or use of information you provide them. Company makes no endorsement, representation, or warranty regarding any content, goods and/or services provided by any third party even if linked to or from our Services, and will not be liable for any claim relating to any third party content, goods and/or services.
Company responds to all notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please go to our Copyright Page.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (EXCEPT AS PROHIBITED BY APPLICABLE LAW) INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO WARRANTY IS GIVEN THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY OR ITS LICENSORS ARISING OUT OF OR RELATING TO THE SERVICES IS TO STOP USING IT, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT COMPANY OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY OF THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. IN NO CASE SHALL COMPANY’S OR COMPANY’S AFFILIATES’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY FOR THE SERVICES IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, EVEN IF THE AMOUNT IS ZERO.
IN NO CASE SHALL COMPANY OR COMPANY AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ACCOUNTS. WHILE COMPANY USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, COMPANY AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY COMPANY SERVICE OR CONTENT ON YOUR COMPUTER AND/OR DEVICE.
SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, COMPANY AND COMPANY’S AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You are solely responsible for your interactions with other users of the Services. Company reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
You agree to indemnify, save, and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The terms of this paragraph shall survive any termination of your Account(s) or of the Services.
In the event of any dispute between you and Company, we strongly encourage you to first contact Customer Support to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures.
These Terms of Service and any dispute arising out of or related to it or the Services shall be governed by the laws of the United States, the State of California, without regard to conflicts-of-law, and you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License or your use of the Application shall be the federal or state courts located in Los Angeles County, California, USA, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. All disputes or controversies arising out of or relating to this License (including validity and enforceability), shall be submitted to binding arbitration in Los Angeles, California, USA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Upon either party’s election, and approval of the arbitrator, the arbitration may be conducted telephonically or remotely, in which case no parties shall appear in person before the arbitrator. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to the Services or to any dispute or transaction arising out of them.
Company may assign these Terms of Service, in whole or in part, at any time with or without your consent. You may not assign any rights or obligations hereunder without Company’s prior written consent, and any unauthorized assignment by you is void and ineffective.
Company may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
If any provision of this Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this Terms of Service shall continue in full force and effect.
Company’s failure to, or delayed, exercise any right or remedy under these Terms of Service shall not be construed as a waiver. Company’s express waiver of any provision, condition, or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly set forth herein, the Terms of Service may not be modified except in a writing signed by the Company.
We may notify you via e-mail or any other means using contact information you provide to us.
If you have questions, comments, or concerns regarding our Terms of Service, please write to us at:
Qeote LLC
10560 Wilshire Blvd. #2004
Los Angeles, CA 90024
Notices not complying with this provision shall have no legal effect.
You acknowledge that the rights granted and obligations made under these Terms of Service are of a unique and irreplaceable nature, the loss of which shall irreparably harm Company and which cannot be replaced by monetary damages alone. Accordingly, Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Company game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 11 (if any).
Company shall not be liable for any delay or failure to perform resulting from causes outside the Company’s reasonable or foreseeable control, including without limitation due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Company’s Privacy Policy), contain the entire understanding between the parties regarding the subject matter hereof, and supersede all prior understandings of the parties, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, with respect to the Services.