Effective as of January 1st, 2020.
Your continuous usage and access to our Services (as specified below) are subject to these Terms of Service or related documents. Please read these Terms of Service carefully, as it informs you on (a) The Website’s reserved rights, (b) Basic Usage guidelines in respect to User Conduct and (c) Reserved rights in cases of breach of these Terms of Service, (d) The Services provided by Pony Geek Inc.
References in these documents to:
- „Pony Geek Inc.“, „Website“, „Service“, „We“, „Us“ means rustaddicted.com, or its Owner and Operator, where appropriate;
- “Website Users”, “User”, “You”, “Your” mean individuals or entities fulfilling Pony Geek Inc.’s eligibility criteria to enter into this Agreement with Pony Geek Inc.;
- “Authorized User”, “You” or “Your” (where appropriate) mean Users of Pony Geek Inc., with whom Pony Geek Inc. has provided product(s) or service(s) under the terms and conditions contained herein;
- “Participant” means a party that interacts with our Provided Services as a result of that party’s relationship with or in connection to You
- “Data”, “Personal Data”, “Information” or “Personal Information” means personally-identifiable information, such as (without exclusion) to: name, surname, address of residence, e-mail, telephone number etc.
- “Services”, “Website Services”, “Provided Services” means the product(s) and/or service(s) provided by Pony Geek Inc. towards Website Users.
General Eligibility Criteria
- In order to use our Services, you must have full capacity to enter into legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
- Without limiting the foregoing, the website is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User and/or availing our Services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities. Our Website reserves the right to terminate and/or refuse to provide you with access to the Website if it is brought to the Website’s notice or if it is discovered that you are under the age of 18 years.
- Our services may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time.
- Users grant us an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any content posted by them on a worldwide basis.
- Users shall not take any actions that may undermine, disrupt, or manipulate the integrity of the User feedback system on the Website.
2. Registration and User Account
- Users, for the purposes of visiting and browsing our services may or may not have a registered account. For the purposes of using the Services provided by (website name), registration will be necessary.
- You may register a User Account with the Service manually, or by using your valid account on a Social Network Platform such as Facebook, Twitter or Google accounts. Your consent to access the Service through a third-party Social Network Platform allows you to link your User Account on rustaddicted.com with the third-party account and thus allowing us to access the Personal Data contingent on your previous approval. The information accessed by us from your linked account shall serve for the purpose of filling out your general data, such as (without limitation): Name, Date of Birth, Country of Residence, Telephone Number (if applicable) etc. We use this information to enter such required details on our Service’s platform. You may deny us access of any of the aforementioned information by navigating to the “Settings” section on our Website or App.
- Account Creation
- Registration of the User Account is completed when the Personal Data such as e-mail address, name, contact number, and password have been entered by you or by using linked accounts as mentioned in section 2.2. Of these Terms of Service.
- Upon registration of your User Account, you hereby warrant and represent that all the information is precise, accurate, truthful, complete and non-misleading. You further represent that you shall maintain the accuracy, precision, and truthfulness of your Personal Data while using the Service. Please maintain the confidentiality of your login data, and use recommended safety features, to ensure safety from third-party breaches to your User Account. Your user credentials should not be shared with any third-party, published or otherwise made available to third parties, in order to prevent unauthorized access to your User Account.
- Under penalty of usage of discretional rights against you, please refrain from the following:
- Providing false information to the Service, without exclusion to your current Personal Data
- Usage of usernames that have legal deficits, are subjected to rights and claims from third parties, use an offensive, profound, obscene or unacceptable username
- Providing misleading Personal Data in order to impersonate certain individuals, or confuse potential Employees
Personal Usage of one User account means that the User Account that you have registered for yourself (regardless of whether in a capacity of a Job Seeker or Employee), shall not, by any means, under any condition or contingency, be transferred towards a third party other than yourself. One individual may have only one User Account at a time. Breach of these terms implies usage of discretional rights from the Service
3. Ownership and Content Policy
- All right, title, and interest in and to the website (excluding postings/content provided by the users) are and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of the US. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website. Any feedback, comments, and suggestions you may provide regarding the website (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
- You retain your rights to any Content you list, post, or upload on our website. By listing, posting, or uploading Content using our website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the website and in accordance with these Terms.
- You are solely responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
- You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following:
- your use of or access to our website;
- your provision of any Content or other information to or through the website;
- any third party claim that any Content you provide infringed, misappropriates, or otherwise violates any Rights;
- your violation of any of these Terms.
- Software available for downloading through the Website or third-party websites or applications (the “Software”) is the copyrighted work of Pony Geek Inc. and our Third-Party Providers. You may not reproduce, distribute or otherwise commercially utilize our software for commercial purposes without prior written consent from us. We do not exclude bringing up civil and/or penal procedures against infringers of our rights to our software.
- You shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- You shall not create liability for us or cause us to lose (in whole or in part) the Services of our internet service provider (ISPs) or other suppliers;
- You shall not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other Authorized User, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
- You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of our website or sellers on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks or any systems or networks connected to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent someone else or impersonate any other individual or entity
- It is possible that any of the user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through groups of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- If you believe that any User, Authorized User or other Party to any engagement on the Pony Geek Inc. Gaming Service is attempting to commit actions as specified in sections 4.1. to 4.13, please contact us on our Authorized User Support e-mail.
- You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Website for violations of these Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Website (including without limitation for fraud prevention, risk assessment, investigation and Authorized User support purposes, analytics, and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body.
5. Privacy and Security
6. Payment Terms
- Subscription Plan – the individual prices, features and options of Services rendered by Pony Geek Inc. depend on the subscription plan an Authorized User selects and purchases from the Website. Pony Geek Inc. reserves the right to discontinue any offered services at any time, and reserves to change the prices and Terms of individual Subscription Plans in its own discretion, with or without prior notice.
- Refunds – Pony Geek Inc. does not provide any refunds, except as expressly provided in these terms. Charges for pre-paid subscription plans will be billed to the Authorized User in advance. Charges for per-use purchases and standard Subscription Plan charges shall be billed in arrears, unless explicitly stated otherwise within the Subscription Plan’s description
- Renewal of Subscriptions and Recurring Charges – Upon selection of an Authorized User’s specific Subscription plan, Pony Geek Inc. will ask you for your billing information, which will be used in order to timely pay your due amounts for the services rendered by Pony Geek Inc.. Authorized Users hereby agree that they will maintain their billing and contact information accurate and up to date in order to avoid late billing fees in cases of inability to collect the due amount within the due date. Upon submitting your billing information to Pony Geek Inc., you are hereby compliant that we may Pony Geek Inc. or an Authorized Agent thereof may charge recurring fees for used services for:
- The applicable Subscription Plan charges in accordance with the Subscription Plan’s term and billing terms
- Any and all applicable taxes
- Any auxiliary charges that may be incurred in connection with the Authorized User’s use of the Pony Geek Inc. Services
Such authorization for recurring fees shall continue for the duration of the Subscription Term and Renewal Term (as specified below)
- In the event of inability to receive payment from the payment method according to the billing information provided by the Authorized User, the Authorized User hereby agrees to pay all amounts due upon demand of Pony Geek Inc.. Provided that the Authorized User does not pay the demanded price, the due amount will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. Authorized User will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Pony Geek Inc. to collect any amount that is not paid when due. Pony Geek Inc. may accept payment in any amount without prejudice to Pony Geek Inc.’s right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to Pony Geek Inc. may not be withheld or offset by Authorized User for any reason against amounts due or asserted to be due from Pony Geek Inc..
- Invoicing – The Service will provide the Authorized User with usage and billing information in a format of Pony Geek Inc.’s choosing, which may, at sole discretion, change from time to time. Pony Geek Inc. hereby reserves the right to change or correct any identified errors or mistakes by issuing a supplemental invoice at any time, regardless of the date of issue or actual receipt of payment. The Authorized User has the right to inform Pony Geek Inc. of any problem(s) and/or discrepancy(ies) within thirty (30) days upon the delivery of the invoice. In the case that the Authorized User does not raise any objections in regards to discrepancies within the received invoice within the initial thirty (30) days, the Authorized User agrees to waive its right to dispute any such problem(s) and/or discrepancy(ies)
- Billing Terms (cycles) – The Term (cycle) of billing may change from time to time. In the cases that Billing Terms are shorter than a calendar month, Pony Geek Inc. may make any reasonable adjustment(s) and/or proration(s). The Authorized User Agrees that the Service may accumulate billing charges from multiple terms and bill the amount in aggregate, or that the Service may split a billing charge into several installments, if so expressly stated in the subscription and/or pay-per-use service’s description.
- Taxation – All payments stated on Pony Geek Inc. are inclusive of taxes unless expressly stated otherwise and/or required otherwise by Applicable Law provisions. Any taxation arising from any tax code(s) towards the Authorized User is the sole Authorized User’s responsibility
- Trial Versions
- Pony Geek Inc. may, from time to time and in sole discretion, issue special offers towards Users for promotional offers, free trials or other discounted or limited offers that may be contingent on additional terms, which will be expressly stated within the offers.
- Pony Geek Inc. reserves the right to, at sole discretion, change the terms of promotional offers, free trials or other discounted or limited offers, or end the aforementioned altogether without prior notice
- Please note that some limited, promotional or free offers may not include all features or functions provided by Pony Geek Inc.’s services. Upon expiration of a free trial, the Authorized User hereby understands that any data saved on the Authorized User’s User Account will be permanently lost unless:
- The Authorized User purchases a subscription plan of equivalent or greater options than the current one used by the Authorized User, or
- The Authorized User exports or saves locally any such data prior to the expiration of the Subscription Term
- All Free Trial, promotional or limited offers offered by Pony Geek Inc. are on an “as available” and “as is” basis, notwithstanding any other Terms as specified in these General Terms of Service. Pony Geek Inc. DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND Pony Geek Inc.’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO AUTHORIZED USER’S USE OF THE FREE TRIAL IS $100.
7. Term and Termination
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in the Agreement shall survive.
- Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend, or limit your access to your Account:
- If we determine that you have breached or are acting in breach of this User Agreement;
- If we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- If we determine that you have engaged or are engaging in fraudulent or illegal activities;
- You do not respond to account verification requests;
- You do not complete the account verification when requested within 3 months of the date of request;
- To manage any risk of loss to us, a User, or any other person;
- For other similar reasons at our own Discretion.
- Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may
- If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as ascertained by us.
- Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
- In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- The User may terminate this Agreement by means of deleting their respective User account either within the User Settings or by sending us a request e-mail on our contact e-mail address at (Authorized User Support e-mail). The Service retains the right to retain necessary data in regards to User identification, in case of any claims or inquiries of authorized bodies. This agreement may be transferred to third parties (without limitation to legal successors and/or heirs) under applicable law of probate. To be eligible for closing your account, you must not have any outstanding payment, dispute, listing, or any other matter unresolved with us or third parties through our website.
- We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left. We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.
- The Service upon personal or reported inquiry may terminate this Agreement without prior notice upon finding out about a repeated and serious material breach of this Agreement’s provisions. The Service shall effectively terminate this Agreement and the individual User’s user account, payments and subscriptions and shall further handle the matter as prescribed within these Terms of Service.
8. WARRANTIES AND DISCLAIMERS
- THE Pony Geek Inc. SERVICES, DOCUMENTATION, AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE Pony Geek Inc. SERVICES, DOCUMENTATION, AND SITE SHALL BE AT YOUR SOLE RISK. Pony Geek Inc. AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“Pony Geek Inc. PARTIES”): (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE Pony Geek Inc. SERVICES, DOCUMENTATION, OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE Pony Geek Inc. SERVICES, DOCUMENTATION, OR SITE.
- THE Pony Geek Inc. PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT Pony Geek Inc. SERVICES, DOCUMENTATION, AND SITE HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE Pony Geek Inc. SERVICES, DOCUMENTATION, AND SITE CONTENT AND ASSUMES NO RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Pony Geek Inc. SERVICES, DOCUMENTATION, AND SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY; (vi) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE; AND/OR (vii) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Pony Geek Inc. SERVICES, DOCUMENTATION, AND SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF Pony Geek Inc.G TO ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY, AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.
- THE Pony Geek Inc. PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND THE Pony Geek Inc. PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
- If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as in Section 9 or below in Section 11. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 9 and Section 11 specifically do apply to you.
9. LIMITATION OF LIABILITY
- YOU HEREBY AGREE TO INDEMNIFY AND HOLD Pony Geek Inc., IT’S OWNER COMPANY, REPRESENTATIVES AND PARTNERS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, AND EXPENSE, INCLUDING BUT NOT LIMITED TO: ATTORNEYS’ FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE Pony Geek Inc.’ WEBSITE, SOFTWARE OR SERVICES AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR RESTRICTION EXPLICITLY OR IMPLICITLY CONTAINED OR DERIVED FROM ANY RELEVANT LEGAL THEORY ARISING FROM THIS AGREEMENT, ITS AMENDING APPENDIXES OR OTHER LEGALLY-BINDING AGREEMENTS.
- YOU HEREBY AGREE AND FIND REASONABLE TO WITHHOLD FROM ANY GROUP ACTION IN FRONT OF ANY COURT AND EXPLICITLY AGREE THAT ALL AND ANY DISPUTES OR CONTROVERSIES WILL BE HANDLED ON A CASE-BY-CASE BASIS, THUS WITHHOLDING OF ANY CLASS ACTION OR SIMILAR LAWSUITS OR OTHER LITIGATION PROCEEDINGS AGAINST THE SERVICE.
- IF ANY LITIGATION IS TO OCCUR, YOU HEREBY EXPRESSLY AGREE THAT YOUR ACTION SHALL NOT SURPASS THE AMOUNT OF 100 U.S. DOLLARS, OR THE EXPENSES MADE WHILST USING THE SERVICE, BASED ON WHICHEVER IS GREATER.
- THE USER SHALL WAIVE ALL RIGHTS ARISING FROM DISPUTING ANY LIMITATIONS SET FORTH IN THIS AGREEMENT TO THE GREATEST EXTENT AS PERMITTED BY APPLICABLE LAW>
- You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from or related to, as applicable:
- your access to and use of the Website;
- violation of these Terms by you or Authorized Users, as applicable; (c) infringement of any intellectual property or other rights of any person or entity by you;
- the nature and content of all Authorized User Data processed by the Pony Geek Inc. Services; or
- any product(s) or service(s) purchased or obtained by you in connection with the Website.
- Pony Geek Inc. retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Independent Allocations of Risk. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.
- The Service’s failure to act in a particular circumstance does not waive the ability to act with respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of the law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect.
- The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Pony Geek Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- The parties understand that absent this mandatory arbitration section, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
12. CHOICE OF LAW AND PERSONAL JURISDICTION
- THE PARTIES AGREE TO SOLVE ALL DISPUTES OR CONTROVERSIES, INCLUDING THOSE ARISING FROM TERMINATION OF EMPLOYMENT IN A MANNER OTHER THAN FILING COURT ACTIONS. THE PARTIES AGREE TO ARBITRATION PROCEEDINGS ARISING OUT OF OR RELATING TO THE EXISTENCE, BREACH, TERMINATION, INTERPRETATION OR ENFORCEMENT OF THESE TERMS OF SERVICE, AS WELL AS YOUR ACCESS TO THE PLATFORM AT ANY TIME AS OF YOUR BINDING ACCESS TO THESE TERMS OF SERVICE.
- THE PARTIES AGREE THAT THE ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH, WITH AN ARBITRATOR CHOSEN BY MEANS OF CONSENSUS BETWEEN THE PARTIES FROM THE LIST OF ARBITRATORS BY THE AMERICAN ARBITRATION ASSOCIATION. THE SEAT OF ARBITRATION SHALL BE CHOSEN BY THE PARTIES BY MEANS OF CONSENSUS.
- THE USER HEREBY ACKNOWLEDGES AND AGREES TO HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS EXPLICITLY AGREED WITH THE COMPANY, IN WRITING, THE USER SHALL RESOLVE ALL DISPUTES BY MEANS OF BINDING ARBITRATION ON AN INDIVIDUAL, CASE-TO-CASE BASIS, AND SHALL WITHHOLD OF A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. ANY CONTRACTUAL PARTY TO THIS AGREEMENT MAY REQUEST INJUNCTIVE RELIEF ON THE BASIS OF APPLICABLE LAW.
- ALTERNATIVE DISPUTE-RESOLUTION PREVENTS STATUTE BARRING OF THE RIGHTS AND OBLIGATIONS ARISING FROM THIS AGREEMENT. IF THESE DISPUTE-RESOLVING METHODS PROVE UNSUCCESSFUL, THEY ARE TO COMMENCE COURT PROCEEDINGS. IF ANY PROVISION OF THIS AGREEMENT IS, OR IS TO BE FOUND BY AN APPROPRIATE AUTHORITY, UNENFORCEABLE UNDER GOVERNING LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF ANY OTHER PROVISIONS OF THIS AGREEMENT.
13. Continuity of the Service
- In the event that Pony Geek Inc. goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with Pony Geek Inc.). You will be notified via e-mail of any such change of ownership of your personal information.
- You may not assign your rights or obligations under these Terms without Pony Geek Inc.’s prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. Pony Geek Inc. may freely assign its rights, duties, and obligations under these Terms.
15. Vis Major
- Except for any payment obligations, neither you nor Pony Geek Inc. will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
- If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
17. Contact Us
Company Name: Pony Geek Inc.
Place of Business: 4995 Buford Hwy, STE 106, 30071 Norcross, GA, USA
Company E-Mail: email@example.com
Data Protection Officer E-Mail: firstname.lastname@example.org
You may contact us in any of the manners you deem fit, as described below:
- Using our Website Contact form, found at https://www.rustaddicted.com
- By Post to the Company’s Place of business, located at 4995 Buford Hwy, STE 106, 30071 Norcross, GA, USA
- Contacting our Customer Support e-mail at: email@example.com.
Your requests shall be assigned with a request order number and may take some time to process, depending on the queue of requests before you.
We may take up to 5 or more business days to process your request.