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Terms & Conditions

Important Notice: The terms of use described below create a binding agreement between Templar Key and you.

BEFORE USING TEMPLARKEY.COM, ITS OTHER DIGITAL PROPERTIES AND ITS SOCIAL MEDIA WEB PAGES (THE “SITE”) OR THE SERVICE (AS DESCRIBED IN SECTION 2 BELOW), PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY DESCRIBE YOUR LEGAL RIGHTS AND OBLIGATIONS WHEN YOU USE THE SITE AND/OR THE SERVICE AND EVEN AFTER THIS CONTRACTUAL AGREEMENT HAS BEEN TERMINATED.

BEFORE USING ANY PORTION OF THE SITE OR SERVICE, YOU SHOULD ALSO READ OUR PRIVACY POLICY, WHICH DESCRIBES OUR OBLIGATIONS REGARDING ANY PERSONAL INFORMATION THAT YOU PROVIDE TO US.

Templar Key (“TK”, “we,” “our,” and “us” are used interchangeably), owns and operates the Site and is pleased to offer you access to the Service (as defined in Section 2 below) that we currently, or may in the future, provide through our Site, subject to these Terms of Use (the “Terms of Use”) and our privacy policy (the “Privacy Policy”), incorporated by reference herein (collectively, the Terms of Use and Privacy Policy are referred to as the “Agreement”).

1. ACCEPTANCE OF TERMS

By accessing the Site or otherwise using any portion of the Service, you agree to comply with the terms and conditions set forth in this Agreement.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE ANY PORTION OF THE SITE OR SERVICE.  Acceptance of the Terms of Use creates a binding legal contract between you and TK.

TK reserves the right to change, add or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately once posted to the Site, and your continued use of the Site or Service after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. Nonetheless, in the event that any portion of this Agreement is updated,  TK has the right, but not the obligation, to notify you of such update via an electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.

2. TK’S SERVICE

Through the Site, TK provides content on certain topics and offers certain products for purchase by users.  Collectively, these activities together with any other services provided by us through the Site shall be referred to as the “Service.”  The Service, whether offered through the Site or any other medium in the future, is only available for Users (defined in Section 3 below) who are thirteen (13) years of age or older, subject to the terms of the Privacy Policy for Users under the age of eighteen (18).  Unless we have permission from the legal guardian of a user who is under 18 years of age, we do not allow persons under age 18 to create a user account.

3. ACCOUNT REGISTRATION & RESPONSIBILITIES

The Service and certain areas of the Site may only available to users who create an account with TK (“Registered Users”). When you create an account through the Site, you may be required provide us with certain information, including, without limitation, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; (v) if an applicable purchase is made, your credit, debit card or PayPal account information; and (vi) a username and password chosen by you (the “Registration Data”).  If you login through Facebook, your Registration Data may include your profile picture in addition to the previously mentioned data. As indicated in Section 4 below, we do not store all of your Registration Data on our database.

Furthermore, you agree to provide accurate, current and complete Registration Data as may be prompted by any registration forms on the Site, and to keep the Registration Data current and complete, including updating such Registration Data immediately upon any change.  The Registration Data submitted by you to create your account will be used in accordance with our Privacy Policy. YOU HEREBY REPRESENT AND WARRANT THAT THE REGISTRATION DATA IS ACCURATE AND COMPLETE IN ALL MATERIAL RESPECTS.

Responsibilities

You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us.

Conduct

As a condition of use, you hereby agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TK (each an “Unauthorized Use”). By way of example, and not as a limitation, you agree not to:

  • provide false or inaccurate Registration Data;
  • complete, or attempt to complete, contractual obligations without all of the necessary licenses, permits or authority lawfully required pursuant to local, state or federal law, or reasonably required in the jurisdiction in which the contract was executed or the obligations are to be performed;
  • post or transmit, or cause to be posted or transmitted, any materials, including without limitation, ratings, comments or reviews regarding vendors, subcontractors, or other users that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, violate any law or right of any third party or are not based on the personal, first-hand experience of you;
  • use the Site or the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • engage in any activity that competes, or is intended to compete, with any of the Services. Additionally, you agree not that you will not advertise, or participate in an advertising or marketing scheme designed to promote, the Services of a competitor;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation, including without limitation User Submissions (defined in Section 5 below), designed or intended to obtain password, account, or private information from any TK user;
  • create or submit unwanted email (“Spam”) to any other TK users;
  • infringe upon the intellectual property rights of TK, its users or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, email, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
  • advertise to, or solicit, any user to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; OR
  • duplicate, copy, reproduce, sell, re-sell, or otherwise exploit the reviews and ratings and any content for any commercial purpose without the express written consent of TK.

If TK is notified, becomes aware of, or suspects that there is inaccurate Registration Data or an Unauthorized Use with respect to your account, it has the right, but not the obligation, in its sole discretion, to conduct an investigation. In the event TK elects to conduct an investigation, you hereby agree to cooperate in such investigation until TK determines the cause of the inaccuracy or the Unauthorized Use. If TK has reasonable grounds to suspect that you intentionally provided us with inaccurate Registration Data or participated in an Unauthorized Use, we may suspend or terminate your account, prevent you from using the Services indefinitely, and/or pursue any available remedy at law or in equity. The foregoing shall not in any way limit our ability to restrict your access to the Services for any reason or no reason at all, including without limitation a breach of any other provision of these Terms of Use.

4. DATA STORAGE

TK uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below.  These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not TK, store your credit or debit card information in their databases.

We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.

5. CONTENT AND USERS

By accessing the site OR using the service, you acknowledge that TK merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.

The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. TK does not guarantee the accuracy, quality or completeness of the Content.

6. PURCHASES

Prices

Any purchase of products from the Site or otherwise from TK shall be in accordance with the prices and purchase options set forth at the time of purchase.  Customer agrees to pay all fees listed at the time of purchase to TK. Customer agrees to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.

Risk of Loss

All products purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier. Please contact your carrier with any issues related to the delivery of the products.

Returns, Refunds and Title

From the date of your purchase of products from the Site or otherwise from TK, you have thirty (30) days to return the purchased products in unused condition to the return address listed on your product invoice. If we receive the returned product in a used condition, we have the right to reduce the amount returned to you by the damage done to the product, up to the full amount paid.   We do not take title to returned items until the item arrives at our office location. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

7. INTELLECTUAL PROPERTY RIGHTS

Subject to certain intellectual property rights governed by laws of England, foreign jurisdictions or international conventions, TK owns or has licensed the Site, Service and all content thereon, including, but not limited to, trademarks, service marks, logos, music, sounds, videos, text, software, scripts, graphics, interactive features or any downloadable content (collectively, the “Intellectual Property”). Pursuant to this Agreement, TK provides you with a limited, non-transferable, non-sublicensable, revocable license to use such Intellectual Property on an AS-IS basis. Furthermore, the license granted herein is personal and may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

TK reserves all rights not expressly granted in and to the Site, Service and the Intellectual Property.  By accessing the Site or using the Service, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of TK. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or Service or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein.

Some portions of the Site or Service may allow you to submit or transmit audio, video, text, photographs, images or other materials designated to be displayed to others (collectively, “User Submissions”) to or through the Site.  In the event that you provide User Submissions, you hereby grant to TK and partners a fully-paid, non-exclusive, non-revocable, worldwide, royalty-free, assignable and fully sublicenseable right to use, distribute, edit, incorporate, display, archive, publish, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, in any form, media, software or technology of any kind now known or developed in the future.  You hereby waive any moral rights you may have in your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our partners will be liable for User Submissions or any loss or damage resulting from User Submissions. You understand that by using the Site or Service, you may be exposed to User Submissions that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Submissions. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You are solely responsible for your interactions with other users of the Site and/or Service.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others, including without limitation, any User Submission containing personally identifiable information.

8. PRIVACY POLICY

 You agree to the terms of TK’s Privacy Policy, as may be updated from time to time, and that is made available online. Our Privacy Policy explains what data we collect from users of the Site and how we treat your personally identifiable information related to accessing and managing your user account and protect your privacy when you use the Site or the Service. By accessing the Site or using the Service, you may provide personally identifiable information to others, in which case the Privacy Policy shall not apply to such personally identifiable information.

9. TERMINATION AND EFFECT OF TERMINATION

This Agreement shall last until either you or TK elect to terminate your account. In addition to any other legal or equitable remedy, TK may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site and Service. In addition, TK may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site and Service. Any such action shall not affect any rights and obligations arising prior thereto. Sections 5 through 20, together with any definitions and provisions intended to survive, shall survive the termination of this Agreement.

TK may terminate your user account, this Agreement and/or otherwise prohibit you from using or accessing the Site or the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice.  Upon termination, you must stop all use of the Site and the Service, unless otherwise set forth herein. TK may take such further action as TK determines to be appropriate under the circumstances to eliminate or preclude repeat violations.  TK shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from TK’s exercise of its rights under this Agreement

10. THIRD PARTY LINKS

The Site may provide links and references to websites of others, including advertisements and promotions from third parties. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. Your business dealings, communications with or participations in promotions with advertisers (other than the Site) and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third parties.

We recommend that you review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites.  We do not review, approve, monitor, endorse, warrant or make any representations with respect to such websites or the products and services offered thereby.  We will not, under any circumstances, be responsible for the information displayed on such websites, their practices, for your use of or inability to use such websites or transmissions received from such websites.

By accessing the Site or using the Service, you expressly relieve us from any and all liability arising from your use of any third-party website.  We encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of each other website that you visit.

11. CONSENT TO ELECTRONIC COMMUNICATION

By creating a Registered Account, you acknowledge that TK may need to send you communication or data, via email, regarding the Services, including, but not limited to, notices about your use of the Services, updates to the Services and promotions regarding additional products and services offered by us. By using the Services, you consent to the receipt of electronic messages from us. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided in such message. All newsletters sent by TK are opt-in only and include instructions on how to unsubscribe from such newsletters.

12. COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY; NOTIFICATION PROCEDURES

TK does not own the User Content. All User Content is posted by Registered Users, each of whom or which (as the case may be) has represented and warranted to TK that, among other things, the User Content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.

Since TK is not in a position to determine who has the prevailing claim to use any particular User Content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Registered User(s) allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Registered Users about allegations of infringement which pertain to them.

For matters of suspected copyright infringement and to provide us with notifications of infringement under the Digital Millennium Copyright Act (DMCA).

13. PUBLIC FORUMS AND PRIVATE COMMUNICATIONS

The Site may contain certain features that enable Registered Users to interact directly with each other, including by sending private messages to other Registered Users and posting comments and exchanging useful and helpful information with other Registered Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content.

You should be sceptical about information provided by others, and you acknowledge that the use of any Submissions posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm.

We cannot be responsible for the accuracy of any Submissions contained in a Public Forum, and she shall not be responsible for any decisions made or actions taken based on such information or content. Please respect and interact with other users as you would in any public arena. Do not reveal information that you do not want to make public.

We encourage you to report to us any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behaviour or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the membership accounts of such violators or suspending or terminating their right to use and access the Site.

We reserve the right to, in our sole discretion, adopt, modify and post additional rules in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us in our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time, in our sole discretion.

14. REPRESENTATIONS AND WARRANTIES

By accessing the Site or using the Service, you represent and warrant that you: (1) have the legal right and authority to enter into these Terms of Use; (2) have submitted accurate and complete Registration Data; (3) if applicable, have the requisite licenses, permits and authority lawfully required by local, state or federal law, or reasonably required by the jurisdiction in which the obligations are to be performed or the agreement will be executed; (4) will not, either alone or in collusion with another party, attempt to decompile, reverse engineer or hack the Site, or attempt to circumvent any encryption implemented with respect to the data stored on the Site or through the Service; (5) will only use the Site and Service for lawful purposes; (6) have the right, title, interest, and authority to grant the rights related to the User Submissions, as described herein; and (7) are at least eighteen (18) years old, or are at least thirteen (13) years old in compliance with the Privacy Policy.

15. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE OR THROUGH THE SERVICE, ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. TK MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICE; (C) THE INTELLECTUAL PROPERTY, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICE; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE. TK DOES NOT WARRANT THAT THE SITE, SERVICE OR ANY OF THEIR RESPECTIVE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FURTHER, TK AND ITS AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.

TK, AND ITS AGENTS SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INTELLECTUAL PROPERTY AND CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

16. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT TK LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL TK, ITS AGENTS, OR MEMBERS (COLLECTIVELY, TK ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, INCLUDING THE INTELLECTUAL PROPERTY OR CONTENT THEREON, THE SERVICE OR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO ACCESS OR USE, OR PERFORMANCE OF THE SITE AND SERVICE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY TK OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR SERVICE; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS RELATED TO THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF TK OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE OR SERVICE).

IN NO EVENT WILL TK ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.

IN NO EVENT SHALL TK ENTITIES AND INDIVIDUALS BE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE FEES PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS OR ONE HUNDRED POUNDS (£100).

TK ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR RISK.

IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY TK. ITS AGENTS, OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER SUBMISSION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

17. INDEMNIFICATION

By ACCESSING THE SITE, OR OTHERWISE USING the SERVICE, you hereby  RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR  AGENTS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEYS’ FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SITE OR THE SERVICE; AND (III) YOU ENTERING INTO AN AGREEMENT WITH ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, OWNERS, VENDORS AND OTHER USERS OF THE SERVICE, AND (IV) WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE OR USE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

18. RELEASE

If you have a dispute with one or more users, you release us (and our agents) 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. Accordingly, you agree to waive the benefit of any law that might limit your waiver of such claims.

19. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and TK regarding your use of the Site and the Service, superseding any prior agreements between you and TK relating to the same.  The Agreement shall be governed by the substantive laws of England, without regard to conflict of laws principles. Any claim or dispute between you and TK that arises from your use of the Site, Service, or any agreement between you and TK shall be decided exclusively by a court of competent jurisdiction located in England. You hereby expressly consent to the personal jurisdiction of the courts located in England and waive any objections to the laying of venue in such courts.

Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and TK.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TK’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.

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