Terms of Service
Last updated: March 10, 2022
Welcome to Anyweb, which is provided by Byteplus Pte. Ltd., (“ we ”, “ us ” or “ our ”).
These Anyweb Terms of Service (“ Terms ”) set forth the terms and conditions by which you may access and use the features, functions, content, templates, products and services of Anyweb in any form (web or otherwise) (collectively, the “ Services ”). For purposes of these Terms, “ you ” and “ your ” means you as the user of the Services. The Services are provided for the use of traders acting in a professional or commercial capacity. If you are not acting a professional or commercial capacity (i.e., you are a consumer), then you should not use the Services .
THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THESE TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING WITHOUT LIMITATION HOW YOU ACCEPT THESE TERMS, OUR RIGHTS TO TERMINATE YOUR ACCOUNT, OUR LIMITED WARRANTIES AND LIABILITY, YOUR INDEMNIFICATION OBLIGATIONS AND LIABILITIES, AND THE LAW APPLICABLE TO THESE TERMS.
Please take your time to read these Terms carefully!
1 Accepting these Terms
BY USING THE SERVICES OR CREATING AN ACCOUNT WITH US, YOU CONFIRM THAT YOU CAN FORM A BINDING CONTRACT WITH US AND YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. YOUR ACCESS AND USE OF THE SERVICES IS ALSO SUBJECT TO ANYWEB PRIVACY POLICY, THE TERMS OF WHICH CAN BE FOUND DIRECTLY ON THE SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SERVICES.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You should print off or save a local copy of these Terms for your records.
2 Changes to these Terms
WE MAY AMEND THESE TERMS FROM TIME TO TIME, TO REFLECT CHANGES TO THE SERVICES, OUR USERS’ NEEDS, OUR BUSINESS MODEL OR TO REFLECT CHANGES IN LAW. WE WILL NOTIFY ALL USERS OF ANY CHANGES TO THESE TERMS, SUCH AS THROUGH A NOTICE ON THE SERVICES. HOWEVER, YOU SHOULD ALSO LOOK AT THESE TERMS REGULARLY TO CHECK FOR SUCH CHANGES. WE WILL ALSO UPDATE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS, WHICH REFLECT THE EFFECTIVE DATE OF SUCH TERMS. YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER THE DATE OF THE NEW TERMS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU MUST STOP ACCESSING OR USING THE SERVICES.
3 Use of Anyweb
3.1 Introduction of Anyweb
Anyweb provides you with an easier way to create and build a website (“ Site ”) to operate your business or otherwise.
3.2 You are solely liable to your Site and your End Users
WE ONLY PROVIDE THE SERVICES TO YOU AS A TOOL TO DESIGN OR CREATE YOUR SITE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE THE OPERATOR OF YOUR SITE AND ALL PRODUCTS AND/OR SERVICES PROVIDED VIA YOUR SITE (“YOUR OFFERINGS”) ARE PROVIDED BY YOU, NOT US. THE PROVISION OF YOUR OFFERINGS TO ANY VISITOR, USERS, CUSTOMERS OF YOUR SITE (COLLECTIVELY, “END USERS”) IS BETWEEN SUCH END USER AND YOU (NOT US).
YOU SHALL BE SOLELY LIABLE FOR (A) COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH THE OPERATION OF YOUR SITE AND THE PROVISION OF YOUR OFFERINGS; (B) PROVIDING YOUR OFFERINGS TO YOUR END USERS; (C) RESOLVING ANY DISPUTE WITH YOUR END USERS IN CONNECTION WITH OR ARISING FROM USE OR ACCESS TO YOUR SITE OR PURCHASE, SALE OR PROVISION OF YOUR OFFERINGS.
YOU SHOULD HAVE YOUR OWN AGREEMENTS, CONTRACTS, POLICIES, GUIDELINES, INCLUDING WITHOUT LIMITATION TERMS OF SERVICE AND PRIVACY POLICY IN PLACE WHICH WILL GOVERN YOUR RELATIONSHIP BETWEEN YOU AND YOUR END USERS.
3.3 You must be at least certain age to use the Services
The Services are only for users who are of the legal age of majority in the jurisdiction in which you reside. By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms from that point onwards.
3.4 You need an account to use the Service
You will need to create an account or use your account with third parties (e.g., your Google account) (“ Third Party Account ”) to use the Services. We reserve the right to approve or disapprove your application to register an account or using a Third Party Account to use or access the Services.
You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account. You acknowledge and agree that we have no obligations related to your Third Party Account, and all matters relating to any Third Party Account of yours shall be resolved exclusively by you and the relevant third party.
It is important that you keep your account password confidential and that you do not disclose it to any third party.
We reserve the right to suspend or terminate your access to the Services at any time without any notice to you, including without limitation if you have failed to comply with any of the provisions of these Terms, if you have committed certain misconducts, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Suspension or termination of your account also entails the suspension or termination of the license to use the Services or your Site, or any part thereof.
3.5 You can add Authorized Users
You may authorize one or more users of the Services (each, an “ Authorized User ”) to manage your account for accessing or using the Services in full or in part.
You must ensure that any and all of your Authorized User(s) are not minors (the definition is subject to the applicable laws) and have legal capacity to enter into a binding agreement and to act on your behalf. The engagement of such Authorized User is solely between you and your Authorized User, to which we are not a party and shall have no liability.
You may authorize, adjust the scope of authorization, terminate the authorization or otherwise manage the authorization granted to your Authorized User(s). Any act or omission by any of your Authorized User under your account shall be deemed as act or omission of you, and any breach by your Authorized User shall be deemed as a breach by you. You are fully responsible and liable for the access or use of the Services by your Authorized User(s).
Authorized User(s) shall abide by the Terms hereunder and you shall ensure such compliance. You shall notify us immediately if you are aware of any breach or violation of these Terms by any of your Authorized User(s). We reserve the right to suspend or terminate your Authorized User(s)’s access to your account and/or the Services with or without notice if we are aware of any breach or violation of these Terms, applicable guidelines or policies, or applicable laws or regulations by your Authorized User(s) without liability.
Any suspension or termination of your account will result in the suspension or termination of access to your account by any and all of your Authorized User(s).
4 Fees
We charge you no fee for your use of the Services at current stage but we reserve the right to charge a fee at a later stage. We will notify you of the charge of fee and if you do not agree to pay such fee for using the Service, we reserve the right to terminate your access to the Service.
5 Third Party Offerings
The Services include the ability for you to use certain third party products or services (each, a “ Third Party Offering ”). Examples of Third Party Offerings include, but not limited to, Google Ads, Facebook Pixel and Unsplash.
WE DO NOT CONTROL OR PROVIDE SUCH THIRD PARTY OFFERINGS AND ANY USE OF SUCH THIRD PARTY OFFERINGS IS SOLELY AT YOUR SOLE DISCRETION AND BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY OFFERING. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY SUCH THIRD PARTY OFFERING AND ARE NOT RESPONSIBLE FOR THE PERFORMANCE OR FAILURE OF PERFORMANCE OF THE PROVIDER OF THE THIRD PARTY OFFERING. YOUR USE OF THE THIRD PARTY OFFERING MAY BE SUBJECT TO ADDITIONAL TERMS (E.G., TERMS OF SERVICE AND PRIVACY POLICY OF SUCH THIRD PARTY OFFERING) BETWEEN YOU AND THE PROVIDER OF THE THIRD PARTY OFFERING, AND WE ARE NOT A PARTY TO ANY SUCH TERMS.
6 Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
·access or use the Services if you are not fully able and legally competent to agree to these Terms;
·except solely to the extent that you are permitted to do so under applicable laws, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services, or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services;
·distribute, license, transfer, or sell, in whole or in part, any of the Services;
·use the Services, without our express written consent, for any unauthorized purpose;
·interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
·use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;
·use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
·use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Services;
·use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful, or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
We reserve the right, at any time, to remove or disable your access to the Services, with immediate effect, at our discretion, for your breach of law, or any of these Terms. We will notify you of such removal or disabling. Some of the reasons for which we may remove or disable access to your Services may include without limitation finding that you have violated applicable law, these Terms, or that your actions are harmful to the Services or our users or End Users.
7 Content and Ownership
Anyweb Content
As between you and us, we own any and all rights, title and interest in and to the Services and any and all data and content made available by or for us in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, graphics, illustrations, logos, photographs, pictures, audio, sound effect, sound recording, videos, visual effect, templates, the selection and arrangement thereof and “look and feel” of the Services, and all intellectual property rights related thereto (the “ Anyweb Content ”).
We agree to grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and to access the Anyweb Content solely via the Services in compliance with these Terms. We reserve all rights not expressly granted herein in connection with the Services and Anyweb Content. You acknowledge and agree that we may terminate this license at any time for convenience subject to applicable law.
You acknowledge that your use of the Anyweb Content for any purpose not expressly permitted by these Terms is strictly prohibited.
User Content
You are permitted to upload or transmit photos, audios, videos or other materials or content (“ User Content ”) through the Services in connection with the creation of our Site. You acknowledge and agree that any User Content may be displayed on your Site and will be considered non-confidential and non-proprietary. When you upload User Content through the Service, you agree and represent that you own or has obtained necessary license, permissions, authorization, clearance of such User Content to upload the User Content through the Services and to display, publicly display, stream, adapt, use or other exploit such User Content in connection with your Site.
While you own your User Content, by uploading the User Content through the Service, you grant us an irrevocable, non-exclusive, royalty-free, transferable, sublicensable, perpetual and worldwide license to reproduce, modify, adapt, make derivative work of, publish, display, transmit, distribute or otherwise use the User Content and to make available such User Content in your Site available to third parties in any form and in any media, either now known or hereafter devised.
By posting User Content to or through the Services, you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Services.
We have the right to remove, disallow, block or delete any User Content you make on our Services if, in our opinion, your User Content does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you upload to or through the Services in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. You are solely responsible for your User Content.
We also have the right to disclose your identity to any third party who is claiming that any User Content uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
Feedback
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, Services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “ Feedback ”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
·We have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
·Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
·You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
8 Indemnity
You agree to, at your sole cost, defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your Feedback; (iii) your access to or use of, or activities in connection with, the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, “ Claims ”).You will cooperate as fully required by us in the defense of any Claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims. We reserve the right to assume the exclusive defense and control of any Claims at our own cost. You will not settle any Claims without, in each instance, the prior written consent of an officer of the indemnified party.
9 Exclusion of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
· ANYWEB CONTENT OR THE SERVICES IS NON-INFRINGING;
· YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
· YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
· ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
· DEFECTS IN THE FEATURES PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS.
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
10 Limitation of Liability
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY OR BUSINESS OR GOODWILL; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. OUR AGGREGATE LIABILITY RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED FIVE HUNDRED US DOLLARS.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
· ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING (IF ANY), OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
· ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY UNAVAILABILITY OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
· THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
· YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
· YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
IF DEFECTIVE ANYWEB CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR ANYWEB CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
TO USE THE SERVICES, YOU MAY NEED CERTAIN HARDWARE, SOFTWARE, CAPABILITIES AND OTHER RESOURCES (INCLUDING A SUITABLE CONNECTION TO THE INTERNET). YOU ARE SOLELY RESPONSIBLE FOR PROCURING AND MAINTAINING SUCH RESOURCES AT YOUR OWN COST. YOU ARE RESPONSIBLE FOR ANY INTERNET CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICES PROVIDER BEFORE USING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.
11 Updates, Interruption and Termination of the Services
From time to time, we have the right (but not obligation) to provide updates (new features, etc.) to the Services for free or for a fee. You may be required to update your equipment (e.g., a new version of your web browser) to use the new version of the Services. In such case, you are solely responsible for any necessary equipment to continue to access the Services.
You acknowledge that the Services or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will be un-interrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the Services may be unavailable depending on geographic location.
To the maximum extent permitted by applicable law, we reserve the right to discontinue the Services at any time in our sole discretion, for any reason, or for no reason, with or without notice.
You may terminate the use of the Services at any time by notifying us. Before you terminate the use of the Services, please save a copy of the content and data you need. We will not be able to retrieve the data from your account or your Site after we terminate your account.
12 Data Privacy
You also acknowledge that our Privacy Policy will also apply to your use of our Services. Privacy Policy can be found directly on the Services and are incorporated herein by reference.
13 Other Terms
· Copyright Claims . If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement to info@anyweb.com.
· Beta Version. We may make available a beta version of the Services (“ Beta Service ”) prior to an official release of the Service. To the maximum extent permitted by applicable law, the Beta Service is provided for testing on an “as is” and “as available” basis and we make no warranty, expressly or by implication, to you of any kind. You understand and agree that the Beta Service may not operate correctly, the Beta Service may contain defects, and using the Beta Service is at your own risk. We have no obligations to you with respect to Beta Service, including without limitation any obligation to provide an official version of the Services in the future. You acknowledge that the change or modification of the Beta Service may cause a loss of data, function or utility related to the Beta Service. You agree that we are not liable to you for such loss to the maximum extent permitted by applicable law.
· Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
· Sanctions . You agree to comply with all applicable trade, economic, and financial laws and regulations (collectively, “ Sanctions ”), and agree not to cause us to violate any of the Sanctions. You represent that you are not: (a) operating, organized, or resident in a country or territory that is the target of comprehensive Sanctions (presently, Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine); (b) identified on a Sanctions-related list of designated persons maintained by the People's Republic of China, the United States, European Union, United Kingdom, United Nations or other applicable government authorities, including OFAC's Specially Designated Nationals and Blocked Persons List; or (c) owned or controlled by, or acting for or on behalf of, one or more persons described in above items (a) or (b). You shall procure that your subsidiaries, directors, officers, employees and affiliates comply with this clause. Should we reasonably determine that you are in violation of this clause, or that we cannot perform our obligations under this Agreement due to Sanctions-related prohibitions, we may terminate these Terms effective immediately.
· Class Action Waiver . Any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.
· Entire Agreement. These Terms and the terms referenced herein constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.
· Links. You must not establish a link to our Services in such a way as to suggest any form of association, approval or endorsement on our part where no such association, approval or endorsement exists.
· No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
· Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are solely responsible for configuring your information technology and computer programs to access our Services. You should use your own virus protection software.
· Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
· Any Questions? Get in touch at info@anyweb.com.