Terms of Use
Effective Date: April 13, 2019
Welcome to RevoTrends! These "Terms" of Use apply to your access to, and use of our mobile applications
(collectively the "Apps"), and website located at www.revotrends.com ,
which
are owned and operated by
RevoTrends Limited ("RevoTrends", “we”, “us” or “our”). Please read these Terms carefully before using our
Services.
Note that section 16 of these terms contains a mandatory arbitration provision that requires
the
use of
arbitration on an individual
basis and limits the forum and/or remedies available to you in the event of certain disputes.
By clicking “i accept” or by accessing or using the services, you agree to be bound by these terms and all of
the
terms incorporated herein by reference. if you do not agree to these terms, including the mandatory arbitration
and class action waiver in section 16, you may not access or use the services.
Not intended for use in the event of emergencies. There are important differences between our
communication Apps and your mobile or fixed-line telephone and SMS services. Our Services do not provide access
to
emergency services, including police, fire departments, or hospitals or to otherwise connect you to public
safety
answering points. In the event of an emergency, please use your mobile or fixed-line telephone to contact
emergency service providers.
RevoTrends reserves the right to revise these Terms from time to time in our sole discretion. If we make
changes
to these Terms, we will provide notice of such changes, such as by sending an email notification, providing
notice
through the Services or updating the “Effective Date” date at the beginning of these Terms. By continuing to
access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated
herein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and
conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not
access or use the Services.
1. Privacy Policy
Please refer to our Privacy Policy from this link for
information about how
we
collect, use and disclose information about you.
2. Eligibility
The Services are not targeted toward or intended for use by anyone under the age of 13. By accessing or
using
the Services, you represent and warrant that you:
- Are 13 years of age or older.
- Are a legal resident of
the United States.
- Have not been previously suspended or removed from the Services, or engaged in any
activity that could result in suspension or removal from the Services.
- Have full power and authority to enter into these Terms and in so doing will not violate any other
agreement to
which you are a party.
3. Registration, Accounts and Communication Preferences
To access and use certain areas or features of the Services, you may need to register for a
RevoTrends
account
(“Account”). By creating an Account, you agree to :
- provide accurate, current and complete Account
information.
- maintain and promptly update, as necessary, your Account information.
- maintain the security
of your Account credentials.
- be responsible for the acts or omissions of any third party who has authority
to access or use the Services on your behalf.
You further understand and agree that RevoTrends may take actions we deem reasonably necessary to prevent,
respond to, pursue or remedy suspected or actual fraud
and abuse, including without limitation, termination or suspension of your Account.
By creating an Account, you also consent to receive electronic communications from RevoTrends (e.g., via
email
or by posting notices to the Services). These communications may include notices about your Account (e.g.,
password changes and other information) and are part of your relationship with us. You agree that any
notices,
agreements, disclosures or other communications that we send to you electronically will satisfy any legal
communication requirements, including, but not limited to, that such communications be in writing. You
should
maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We
may also send you promotional communications via email, including, but not limited to, newsletters, special
offers, surveys and other news and information we think will be of interest to you. You may opt out of
receiving
these promotional emails at any time by following the unsubscribe instructions provided therein.
By creating an Account, you also consent to receive electronic communications from RevoTrends (e.g., via
email
or by posting notices to the Services). These communications may include notices about your Account (e.g.,
password changes and other information) and are part of your relationship with us. You agree that any
notices,
agreements, disclosures or other communications that we send to you electronically will satisfy any legal
communication requirements, including, but not limited to, that such communications be in writing. You
should
maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We
may also send you promotional communications via email, including, but not limited to, newsletters, special
offers, surveys and other news and information we think will be of interest to you. You may opt out of
receiving
these promotional emails at any time by following the unsubscribe instructions provided therein.
4. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party
right or
commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services.
You
agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and RevoTrends;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other
users
from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of
the
Services in any manner;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or
circumvent measures employed to prevent or limit access to any Content, area or code of the Services
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or
area
of
the Services that you are not authorized to access;
- Develop any third party applications that interact with User Content or the Services without our prior
written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated
means
or interface not authorized by us to access the Services, extract data or otherwise interfere with or
modify
the rendering of pages or functionality;
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any
activity
that violates these Terms.
To help support our community, we encourage you to report content in this info@the13app.com or conduct
that
you believe violates your rights (including intellectual
property rights) or our Terms and policies. If we determine that you have violated our terms or policies, we
may
take action against your account to protect our community and services, including by suspending access to
your
account, disabling it or terminating it. We may also suspend, disable or terminate your account if you
create
risk or legal exposure for us or when we are permitted or required to do so by law.
5. User Content
The Services may include interactive features and areas that allow users to create, post, share or
store
content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics,
code,
items or other materials (collectively, “User Content”). If you decide to share your User Content with
others
through the Services, you understand that this User Content will be viewable by others in accordance with
the
privacy settings you establish. You agree that you are solely responsible for your User Content and for your
use
of any interactive features and areas of the Services, and that you will comply with ourCommunity
Guidelines
, which are incorporated herein by reference.
By using the interactive features and areas of the Services, you further agree not to create, post, share
or
store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or
otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate
the
rights of any party or otherwise create liability or violate any local, state, national or international
law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest
views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity
- User Content that references or depicts RevoTrends or our Services but fails to disclose a material
connection to us, if you have one (for example, if you are a RevoTrends employee);
- User Content that contains any private or personal information of a third party without such third
party’s
consent;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files
or
content;
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person
from using or enjoying the Services, or that may expose RevoTrends or others to any harm or liability of
any
type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have
absolute
discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any
reason, and you are solely responsible for creating backup copies of and replacing any User Content you post
or
store on the Services at your sole cost and expense.
6. Rights in User Content
If you submit content you own, you retain your ownership of your intellectual property rights. We do
not
claim
any ownership interest in your User Content. However, by uploading, posting or submitting User Content to
the
Services or to our pages or feeds on third party social media platforms (e.g., RevoTrends’ Facebook page,
Instagram page or Twitter feed), you hereby grant RevoTrends a nonexclusive, royalty-free, worldwide,
perpetual,
irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and publicly display your User Content, in whole or in
part,
and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole
discretion, including, without limitation, for publicity, promotional, advertising, trade, business,
illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to RevoTrends through the Services or through our pages or
feeds on third party social media platforms, you represent and warrant that:
- Such User Content is
nonconfidential
- you own and control all of the rights to the User Content or you otherwise have all
necessary rights to post such User Content.
- you authorize RevoTrends to use such User Content for the
purposes described in these Terms.
- the User Content is accurate and not misleading or harmful in any manner.
- the User Content, and your use and posting thereof, does not and will not violate these Terms or any
applicable law, rule, regulation or third party right.
7. License to Access and Use Our Services and Content
Unless otherwise indicated in writing by us, the Services and all content and other materials contained
therein, including, without limitation, the RevoTrends logo and all designs, text, graphics, pictures,
information, data, software, sound files, other files and the selection and arrangement thereof
(collectively,
“Content”) are the proprietary property of RevoTrends or our licensors or users, as applicable, and are
protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use
the
Services and Content. However, such license is subject to these Terms and does not include any right to :
- sell, resell or use commercially the Services or Content.
- distribute, publicly perform or publicly display
any Content.
- modify or otherwise make any derivative uses of the Services or Content, or any portion
thereof.
- use any data mining, robots or similar data gathering or extraction methods.
- download (other
than the page caching) any portion of the Services or Content, except as expressly permitted by us
- use
the Services or Content other than for their intended purposes.
Any use of the Services or Content other than as specifically authorized herein, without our prior written
permission, is strictly prohibited and will terminate
the license granted herein. Such unauthorized use may also violate applicable laws, including, without
limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless
explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any
patent, trademark, copyright or other proprietary rights of RevoTrends or any third party, whether by
estoppel,
implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Services and Content may include software
components provided by RevoTrends or a third party that are subject to separate license terms, in which case
those license terms will govern such software components.
8. Trademarks
“RevoTrends”, the RevoTrends logo and any other RevoTrends product or service
names, logos or
slogans that
may
appear on the Services are trademarks of RevoTrends and may not be copied, imitated or used, in whole or in
part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing
“RevoTrends” or any other name, trademark or product or service name of RevoTrends without our prior written
permission. In addition, the look and feel of the Services, including, without limitation, all page headers,
custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of RevoTrends
and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other
trademarks, registered trademarks, product or service names and company names or logos mentioned on the
Services
are the property of their respective owners and may not be copied, imitated or used, in whole or in part,
without the permission of the applicable trademark holder. Reference to any products, services, processes or
other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation by RevoTrends.
9. Third Party Links
RevoTrends makes no claim or representation regarding the quality, content,
nature or reliability
of third
party websites accessible by hyperlink from the Services or of websites linking to the Services. RevoTrends is
not responsible for the privacy practices or the content of any off-site pages or any other sites linked to
the
Services, whether or not they are affiliated with RevoTrends. Such linked sites are for your convenience only
and you access them at your own risk. Hope RevoTrends makes no representations or warranties as to the
accuracy
or functioning of any such link. That another web site is linked to our Services does not constitute
endorsement
by RevoTrends of the owner of the other site, the content of its site, or its products or services. You should
review the applicable terms and policies, including privacy and data gathering practices, of any site to which
you navigate from the Services.
10. Third Party Content
We may display content, advertisements and promotions from third parties through
the Services
(collectively,
“Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no
representations or warranties of any kind regarding such Third Party Content, including, without limitation,
regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties
providing Third Party Content are solely between you and such third parties.
11. Feedback
Separate and apart from User Content, you can submit questions, comments,
suggestions, ideas,
original or
creative materials or other information about RevoTrends or the Services (collectively, “Feedback”). Feedback
is
nonconfidential and shall become the sole property of RevoTrends. RevoTrends shall own exclusive rights,
including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled
to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
12. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless
RevoTrends,
and our respective past, present and future employees, officers, directors, contractors, consultants,
equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents,
representatives, predecessors, successors and assigns (individually and collectively, the “RevoTrends
Parties”),
from and against all actual or alleged RevoTrends Party or third party claims, damages, awards, judgments,
losses,
liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever,
whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law
or
equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to,
damages
to
property or personal injury, that are caused by, arise out of or are related to:
- any use or misuse of the
Services or Content by you or any third party you authorize to access or use such Services or Content.
- any
User Content you create, post, share or store on or through the Services or our pages or feeds on third
party
social media platforms.
- any Feedback you provide.
- your violation of these Terms.
- your violation
of
the rights of another.
You agree to promptly notify RevoTrends of any third party Claims, cooperate with the
RevoTrends Parties in defending such Claims and pay all of RevoTrends fees, costs and expenses associated
with
defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of
settlement and costs of pursuing indemnification and insurance). You further agree that the RevoTrends
Parties
shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to,
and
not in lieu of, any other indemnities set forth in a written agreement between you and RevoTrends.
13. Disclaimers
The services and content are provided on an “as is” basis without warranties of any kind, either express or
implied. revotrends disclaims all other warranties, express or implied, including, without limitation,
implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the
services
and content, any warranties that arise from trade usage or custom, and any warranties that the services will
be
free and clear from any adverse lien or security interests.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the
Services (or any features or functionality of the Services) at any time without notice and without
obligation
or
liability to you. Reference to any products, services, processes or other information by trade name,
trademark,
manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by us.
14. Limitations on RevoTrends’s Liability
To the fullest extent permitted by applicable law, in no event shall the revotrends parties be liable for
any
indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of
revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or
damages
for business interruption) arising out of or in any way related to the access to or use of the services or
content (including, but not limited to, user content, third party content and links to third party sites),
or
otherwise related to these terms (including, but not limited to, any damages caused by or resulting from
reliance on any information obtained from any revotrends party, or from events beyond the revotrends
parties’
reasonable control, such as service interruptions, deletions of files or emails, errors or omissions,
defects,
bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or
not
resulting from acts of god, communications failure, theft, destruction or unauthorized access to the
revotrends
parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort
(including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or
equitable theory (even if the party has been advised of the possibility of such damages and regardless of
whether such damages were foreseeable).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the
revotrends parties (jointly) arising out of or in any way related to access or use of the services or
content,
exceed the greater of $100 or the amount you paid to us in the one (1) month period immediately preceding
the
date on which your claim arose. The foregoing limitations shall apply even in the event your remedies
hereunder
fail of their essential purpose, and the foregoing shall constitute the revotrends parties’ sole liability
and
obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including,
but
not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable
theory.
The limitations set forth in this section 14 will not limit or exclude liability for personal injury or
property damage directly and proximately caused by our fraud, gross negligence, or intentional, willful,
malicious or reckless misconduct.
15. Release
To the fullest extent permitted by applicable law, you, on behalf of your
heirs, executors,
administrators,
legal and personal representatives, hereby release, waive, acquit and forever discharge the RevoTrends Parties
from and against, and covenant not to sue any such RevoTrends Party for, all claims you have or may have
arising
out of or in any way related to these Terms. If you are a california resident, you hereby waive your rights
under california civil code 1542, which states “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 or her settlement with the debtor.”
16. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND
CLAIMS
WITH REVOTRENDS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, INCLUDING A CLASS ACTION WAIVER.
16.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively,
“Disputes”) in which either party seeks to bring an individual action in small claims court or seeks
injunctive
or other equitable relief for the alleged unlawful use of intellectual property, including, without
limitation,
copyrights, trademarks, trade names, logos, trade secrets or patents, you and RevoTrends agree :
- to waive
your
and RevoTrends’ respective rights to have any and all Disputes arising from or related to these Terms,
or
the
Services or Content, resolved in a court.
- to waive your and RevoTrends’ respective rights to a jury
trial.
Instead, you and RevoTrends agree to arbitrate Disputes through binding arbitration (which is the
referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and
binding
determination to resolve it instead of having the Dispute decided by a judge or jury in court)
16.2. No Class Arbitrations, Class Actions or Representative Action
You and RevoTrends agree that any Dispute arising out of or related to these Terms or the Services, or
Content
is personal to you and RevoTrends and that such Dispute will be resolved solely through individual
arbitration
and will not be brought as a class arbitration, class action or any other type of representative
proceeding.
You
and RevoTrends agree that there will be no class arbitration or arbitration in which an individual
attempts
to
resolve a Dispute as a representative of another individual or group of individuals. Further, you and
RevoTrends
agree that a Dispute cannot be brought as a class or other type of representative action, whether within
or
outside of arbitration, or on behalf of any other individual or group of individuals.
16.3. Federal Arbitration Act
You and RevoTrends agree that these Terms affect interstate commerce and that the enforceability of this
Section
16 shall be both substantively and procedurally governed by and construed and enforced in accordance with
the
Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable
law.
16.4. Notice; Informal Dispute Resolution
You and RevoTrends agree that each party will notify the other party in writing of any arbitrable or
small
claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good
faith
to
resolve the Dispute informally. Notice to RevoTrends shall be sent by certified mail or courier to 1209
Orange Street, Wilmington, Delware 19801. Your notice must include :
- your name, postal address,
telephone number, the email address you use
or used for your Account and, if different, an email address at which you can be contacted.
- a description
in reasonable detail of the nature or basis of the Dispute.
- the specific relief that you are seeking.
Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our
name,
postal address, telephone number and an email address at which we can be contacted with respect to the
Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the
specific
relief that we are seeking.
If you and RevoTrends cannot agree how to resolve the Dispute within thirty (30)
days after the date notice is received by the applicable party, then either you or RevoTrends may, as
appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent
specifically provided for in Section 16.1, file a claim in court.
16.5. Process
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR
SEEKS
INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING,
WITHOUT
LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND REVOTRENDS AGREE
THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR REVOTRENDS WITHIN ONE (1) YEAR OF THE DATE THE
DISPUTE
AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND REVOTRENDS WILL NO
LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and REVOTRENDS agree that :
- any
arbitration will occur in the State of Delaware, County of Wilmington.
- arbitration will be
conducted confidentially by a single arbitrator in accordance with the rules of the Judicial
Arbitration
and
Mediation Services (“JAMS”), which are hereby incorporated by reference.
- that the state or federal
courts of the State of Delaware and the United States, respectively, sitting in the State of
Delaware, County of Wilmington, have exclusive jurisdiction over any appeals and the enforcement of
an
arbitration award.
You may also litigate a Dispute in the small claims court located in the county of your
billing address if the Dispute meets the requirements to be heard in small claims court.
16.6. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have :
- the exclusive
authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute,
including
the
determination of whether a Dispute is arbitrable.
- the authority to grant any remedy that would
otherwise be available in court; provided, however, that the arbitrator does not have the authority to
conduct
a class arbitration or a representative action, which is prohibited by these Terms.
The arbitrator may only
conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over
any
type of class or representative proceeding or preside over any proceeding involving more than one
individual.
16.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be
bound by these Terms, you either :
- acknowledge and agree that you have read and understand the rules of
JAMS.
- waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair
or should not apply for any reason.
16.8. Severability
If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held
to
the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will
remain
valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other
provisions
of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
16.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first
accepted
the terms of this Section 16 by writing to: 1209 Orange Street, Wilmington, Delware 19801 . In order to
be effective, the opt
out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.
By
opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
17. Governing Law and Venue
These Terms, and your access to and use of the Services shall be governed by and
construed and
enforced in
accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles
(whether of the State of Delaware or any other jurisdiction) that would cause the application of the
laws
of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be
heard
in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of
Delaware and the United States, respectively, sitting in the State of Delaware, County of Wilmington.
18. Digital Millennium Copyright Act Compliance.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the
intellectual property rights of others. If you believe that anything on our Site infringes any copyright
that
you own or control, you may notify RevoTrend’s Designated Agent as follows:
Designated Agent: Revotrends
Address: 1209 Orange Street, Wilmington, Delaware 19801
Email: info@revotrends.com
Telephone: +212 5222-98398
Please see 17 U.S.C. §512(c)(3) for the
requirements of a proper notification. You should also
note that if you
knowingly make any material misrepresentation in your notification that the material or activity is
infringing,
you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us
or
the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling
access
to the material or activity claimed to be infringing.
19. Modifications to the Services
We reserve the right in our sole discretion to modify, suspend or discontinue,
temporarily or
permanently,
the
Services (or any features or parts thereof) at any time.
20. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without
notice and in our
sole
discretion, to terminate your right to access or use the Services at any time and for any or no reason, and
you
acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not
be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by
applicable law.
21. Severability
If any term, clause or provision of these Terms is held invalid or
unenforceable, then that term,
clause or
provision will be severable from these Terms and will not affect the validity or enforceability of any
remaining
part of that term, clause or provision, or any other term, clause or provision of these Terms.
22. Survival
The following sections will survive the expiration or termination of these
Terms and the
termination of your
Account: all defined terms and Sections 1, 3, 4, 5, 6, 7 (first paragraph) and 8 through 23.
23. Miscellaneous
These Terms, and any other terms and policies incorporated herein, constitute the
entire agreement
between
you
and RevoTrends relating to your access to and use of the Services. These Terms, and any rights and licenses
granted hereunder, may not be transferred or assigned by you without the prior written consent of RevoTrends.
No
waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or
subsequent circumstance, and RevoTrends’ failure to assert any right or provision under these Terms shall not
constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended
solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any
other person or entity.