Last updated
January 01, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are Samarkand Business Project
LLC
, doing business as Eaten.uz
(
'Company', 'we', 'us', or 'our'
)
, a company registered in
Uzbekistan
at Spitamen Shoh
, KOICA
, Samarkand city
140100
.
We operate the
website
http://www.eaten.uz
(the 'Site'
)
,
the mobile application EATEN (the
'App' ) , as well as any other related products and services
that
refer or link to these legal terms (the 'Legal
Terms' ) (collectively, the
'Services' ).
You can contact us by
phone at +998972879991 , email at
Eaten.uz@gmail.com
, or by mail to
Spitamen Shoh
, KOICA
, Samarkand city
140100
,
Uzbekistan
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (
'you' ), and
Smarkand Business Project LLC , concerning your access to and use of the Services. You
agree
that by accessing the Services, you have read, understood, and agreed to be bound by all of these
Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any
scheduled
changes to the Services you are using. The modified Legal Terms will become effective upon posting
or
notifying you by Eaten.uz@gmail.com , as stated in the email message. By
continuing to use the Services after the effective date of any changes, you agree to be bound by the
modified terms.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Services
from
other locations do so on their own initiative and are solely responsible for compliance with local
laws,
if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual
property rights in our Services, including all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content' ), as well as the
trademarks,
service marks, and logos contained therein (the 'Marks' ).
Our Content and Marks are protected by copyright
and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through
the
Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the ' PROHIBITED
ACTIVITIES
' section below, we grant you a
non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in
our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request to: Eaten.uz@gmail.com . If we ever grant you the permission to
post,
reproduce, or publicly display any part of our Services or Content, you must identify us as the
owners
or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you
in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
and contributions
Please review this section and the ' PROHIBITED ACTIVITIES
' section carefully prior to using
our
Services to understand the (a) rights you give us and (b) obligations you have when you post or
upload
any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions' ), you agree to assign to us all intellectual property
rights
in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted
use
and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to chat,
contribute
to, or participate in blogs, message boards, online forums, and other functionality during which you
may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to
us
or through the Services, including but not limited to text, writings, video, audio, photographs,
music,
graphics, comments, reviews, rating suggestions, personal information, or other material ( 'Contributions' ). Any Submission
that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites .
When you post Contributions, you grant us a licence (including use of your
name,
trademarks, and logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and licence to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions
(including,
without limitation, your image, name, and voice) for any purpose, commercial, advertising, or
otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in
this
section. Our use and distribution may occur in any media formats and through any media
channels.
This licence
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us
Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all moral
rights
to any such Submission
and/or Contribution ; - warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible
for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and all
losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have
the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes
upon any copyright you own or control, please immediately refer to the
'
COPYRIGHT INFRINGEMENTS
' section below.
By using the Services, you represent and warrant
that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply
with these Legal Terms;
(4) you are not under the age of
13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services through
automated or
non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or
unauthorised purpose; and
(8) your use of the Services will not violate any
applicable law or regulation.
If you provide
any
information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or terminate your account and refuse any and all current or future use of the Services (or
any
portion thereof).
4. USER
REGISTRATION
You may be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the
right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and
accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will
be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments
shall be in UZS .
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any such
amounts
upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person,
per household, or per order. These restrictions may include orders placed by or under the same
customer
account, the same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgement , appear to be placed by dealers, resellers, or
distributors.
6. POLICY
All sales are final and no refund will be issued.
7. PROHIBITED
ACTIVITIES
You may not access or
use
the Services for any purpose other than that for which we make the Services available. The
Services
may not be used in connection with any commercial endeavours
except those that are specifically endorsed or approved by
us.
As a user
of
the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage
in
unauthorised framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that
acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats (
'gifs' 'spyware' or 'passive collection mechanisms' or 'pcms' ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use or launch any
unauthorised - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make
any
unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false . -
Use
the Services as part of any effort to compete with us or otherwise
use
the Services and/or the Content for any revenue-generating
endeavour -
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
8. USER
GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the
necessary
licences , rights, consents, releases, and permissions to use and to us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene, lewd,
lascivious,
filthy, violent, harassing,
libellous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of
the
Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the
Services.
9. CONTRIBUTION
LICENCE
By posting
your
Contributions to any part of the Services
or making Contributions accessible to the Services by
linking your account from the Services to any of your social networking
accounts
, you automatically grant, and you represent and warrant that you have the
right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and licence to host,
use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,
store,
cache, publicly perform, publicly display, reformat, translate, transmit, excerpt
(in
whole or in part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such Contributions,
and
grant and authorise sublicences of the foregoing. The use and distribution may occur
in
any media formats and through any media channels.
This licence will apply
to
any form, media, or technology now known or hereafter developed, and includes our
use of
your name, company name, and franchise name, as applicable, and any of the
trademarks,
service marks, trade names, logos, and personal and commercial images you provide.
You
waive all moral rights in your Contributions, and you warrant that moral rights have
not
otherwise been asserted in your Contributions.
We do not
assert any ownership over your Contributions. You retain full ownership of all of
your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You
are solely responsible for your Contributions to the Services and you expressly
agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any
Contributions; (2) to re-categorise any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at any
time
and for any reason, without notice. We have no obligation to monitor your
Contributions.
10. GUIDELINES
FOR REVIEWS
We may provide you areas on
the
Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
(3)
your reviews should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if posting
negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post
any
false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject,
or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to
review.
11. MOBILE
APPLICATION LICENCE
Use Licence
If you access the Services
via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install
and
use the App on wireless electronic devices owned or controlled by you, and to access and use the App
on
such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal
Terms.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable
laws,
rules, or regulations in connection with your access or use of the App; (4) remove, alter, or
obscure
any proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of
the App; (5) use the App for any revenue-generating endeavour , commercial enterprise, or other purpose for which it is not designed
or
intended; (6) make the App available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the App for creating a product, service, or
software
that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use
the
App to send automated queries to any website or to send any unsolicited commercial email; or (9) use
any
proprietary information or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications, accessories, or devices
for
use with the App.
Apple and Android
Devices
The following terms apply
when
you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor' ) to access the
Services: (1) the licence granted
to
you for our App is limited to a non-transferable licence to use the application on a device that
utilises the Apple iOS or Android operating systems, as
applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of
service;
(2) we are responsible for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
licence contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to
furnish
any maintenance and support services with respect to the App; (3) in the event of any failure of the
App
to conform to any applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for
the App, and to the maximum extent permitted by applicable law, the App Distributor will have no
other
warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you
are
not located in a country that is subject to a US government embargo, or that has been designated by
the
US government as a 'terrorist supporting'
country and (ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g.
if you have a VoIP application, then you must not be in
violation of
their wireless data service agreement when using the App; and (6) you acknowledge and agree that the
App
Distributors are third-party beneficiaries of the terms and conditions in this mobile application
licence contained in these Legal
Terms,
and that each App Distributor will have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application
licence
contained in these Legal Terms against you as a third-party
beneficiary
thereof.
12. SOCIAL
MEDIA
As part of
the
functionality of the Services, you may link your account with online accounts you
have
with third-party service providers (each such account, a
'Third-Party Account' ) by either: (1) providing
your
Third-Party Account login information through the Services; or (2) allowing us to
access
your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and
warrant
that you are entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your
use
of the applicable Third-Party Account,
and
without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access
to
any Third-Party Accounts, you understand
that
(1) we may access, make available, and store (if applicable) any content that you
have
provided to and stored in your Third-Party
Account (the 'Social Network Content' ) so that it is available on and through the Services
via
your account, including without limitation any friend lists and (2) we may submit to
and
receive from your Third-Party Account
additional information to the extent you are notified when you link your account
with
the Third-Party Account. Depending on the
Third-Party Accounts you choose and
subject
to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable
information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please note
that
if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available
on
and through the Services. You will have the ability to disable the connection
between
your account on the Services and your Third-Party Accounts at any time. PLEASE
NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or non-infringement,
and
we are not responsible for any Social Network Content. You acknowledge and agree
that we
may access your email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of identifying
and
informing you of those contacts who have also registered to use the Services. You
can
deactivate the connection between the Services and your Third-Party Account by contacting us using
the
contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through
such
Third-Party Account, except the username
and
profile picture that become associated with your account.
13. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain
(or
you may be sent via the Site or App
) links to other websites ( 'Third-Party Websites' ) as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items belonging to or
originating from third parties ( 'Third-Party Content' ). Such Third-Party Websites
and
Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed
from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting
the use or installation of any Third-Party Websites or
any
Third-Party Content does not imply approval or
endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you
should
be aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Services
or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and
from
other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not
endorse
the products or services offered on Third-Party Websites
and
you shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
14. SERVICES
MANAGEMENT
We reserve the right, but not
the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
15. COPYRIGHT
INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a 'Notification'
). A copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable law you may be held
liable
for damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that
material located on or linked to by the Services infringes your copyright, you should consider first
contacting an attorney.
16. TERM
AND TERMINATION
These Legal Terms shall
remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your
account for any reason, you are prohibited from registering and creating a new account under your
name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of
the
Services without notice at any time. We will not be
liable
to you or any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or
need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services
at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in
connection
therewith.
18. GOVERNING
LAW
These Legal Terms shall be
governed by and defined following the laws of
Uzbekistan
. Smarkand Business Project LLC and yourself irrevocably consent
that
the courts of
Uzbekistan
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes' ) brought by either you or us
(individually, a
'Party' and collectively, the 'Parties'
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided
below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding
Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this
clause.
The number of arbitrators shall be three (3) . The seat, or legal place, or
arbitration shall be
Samarkand city ,
Uzbekistan
. The language of the proceedings shall be Uzbekistani . The governing
law
of these Legal Terms shall be substantive law of
Uzbekistan
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or
authority
for any Dispute to be brought in a purported representative capacity on behalf of the general public or
any
other persons.
20. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT
WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL
AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set
forth
in these Legal Terms; (5) your violation of the rights of
a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at
your
expense, to assume the exclusive defence
and control of any matter for which you are required to indemnify us, and you agree to
cooperate,
at your expense, with our defence
of
such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which
is subject to this indemnification upon becoming aware of it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits
by any means other than electronic means.
26. MISCELLANEOUS
These Legal Terms and any policies or operating
rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others
at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
27. CONTACT
US
In order to resolve a complaint regarding the
Services
or to receive further information regarding use of the Services, please contact us at:
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