TERMS OF SERVICE
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Legally Binding Agreement; Amendments
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These Terms of Service ("Terms") govern your relationship
with the Lap mobile application ("Service") operated by Atom
Operations Limited ("us", "we", or
"our").
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE
SERVICE.
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Your access to and use of the Service is conditioned on your
acceptance of and compliance with these Terms. These Terms apply to
all visitors, users and others who access or use the Service.
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You agree that by accessing the Service, you have read, understood,
and agree to be bound by all of these Terms. If you do not agree with
all of these Terms, then you are expressly prohibited from using the
Service and you must discontinue use immediately.
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Supplemental terms, policies or documents that may be posted at the
Service from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms at any time and for any
reason.
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We will alert you about any changes by updating the "Last
updated" date of these Terms and you waive any right to receive
specific notice of each such change.
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It is your responsibility to periodically review these Terms to stay
informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any
revised Terms by your continued use of the Service after the date such
revised Terms are posted.
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Use of Service; Age Restrictions
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The Service is a tool that you can use to locate your family and
friends in real time, browse through their travel history and get
timely notifications when they arrive at a certain place or leave
it.
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You use the Service at your own risk and responsibility and are
solely and exclusively responsible for the use of the Service. We will
not be liable for any of your actions done using the Service.
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The Service may be modified, updated, interrupted or suspended at any
time without notice or liability to you.
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The Service is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us
to any registration requirement within such jurisdiction or country.
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Those persons who choose to access the Service from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
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The Service is intended for users who are at least 16 years of age.
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Service.
If you are a minor, you must have your parent or guardian read and
agree to these Terms prior to you using the Service.
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Intellectual Property Rights; License
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Unless otherwise indicated, the Service is our proprietary property
and all source code, databases, functionality, software, designs,
audio, video, text, photographs, and graphics at the Service
(collectively, "Content") and the trademarks, service marks,
and logos contained therein ("Marks") are owned or
controlled by us or licensed to us, and are protected by law. The
Content and the Marks are provided at the Service "AS IS"
for your information and personal use only.
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Except as expressly provided in these Terms, no part of the Service
and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
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Provided that you are eligible to use the Service, we grant you a
revocable, non-exclusive, non-transferable, limited right to install
and use the Service on wireless electronic devices owned or controlled
by you, and to access and use the Service on such devices strictly in
accordance with these Terms.
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The license granted to you for the Service is limited to a license to
use the application on a device that utilizes the iOS operating system
and in accordance with the usage rules set forth in the applicable
Apple App Store terms of service.
- User Representations
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By using the Service, you represent and warrant that:
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you have the legal capacity and you agree to comply with these Terms;
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you are not under the age of 16;
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you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Service;
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you will not access the Service through automated or non-human means,
whether through a bot, script or otherwise;
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you will not use the Service for any illegal or unauthorized
purpose;
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you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a
"terrorist supporting" country;
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you are not listed on any U.S. government list of prohibited or
restricted parties; and
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your use of the Service will not violate any applicable law or
regulation.
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If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to refuse any and all
current or future use of the Service (or any portion thereof).
- Prohibited Activities
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You may not access or use the Service for any purpose other than that
for which we make the Service available. The Service may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
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As a user of the Service, you agree not to:
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systematically retrieve data or other content from the Service to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us;
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make any unauthorized use of the Service;
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make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the Service;
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use the Service for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended;
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make the Service available over a network or other environment
permitting access or use by multiple devices or users at the same
time;
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use the Service for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute
for the Service;
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use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or
devices for use with the Service;
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circumvent, disable, or otherwise interfere with security-related
features of the Service;
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engage in unauthorized framing of or linking to the Service;
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interfere with, disrupt, or create an undue burden on the Service or
the networks or services connected to the Service;
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decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the
Service;
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attempt to bypass any measures of the Service designed to prevent or
restrict access to the Service, or any portion of the Service;
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upload or distribute in any way files that contain viruses, worms,
trojans, corrupted files, or any other similar software or programs
that may damage the operation of another’s computer;
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use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Service, or using or launching any
unauthorized script or other software;
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use the Service to send automated queries to any website or to send
any unsolicited commercial e-mail;
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exploit children in any way, including audio, video, photography and
any other digital content;
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disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Service;
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use the Service in a manner inconsistent with any applicable laws or
regulations; or
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otherwise infringe these Terms.
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Subscriptions; Billing and Refunds
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The Service is supported by advertising and sponsorship revenue.
Therefore, the basic functionality of the Service is provided without
an additional fee unless you have activated the ad-free premium
features by purchasing a subscription. The subscriptions function as
an "in-app" purchase options, which will disable advertising
served through the Service and allow you to obtain premium
benefits.
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Payments for the subscriptions (which may be, for example, monthly or
yearly) will be processed by Apple App Store. You may access the
applicable "in-app" purchase rules and policies directly on
Apple App Store.
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Some of our subscriptions might offer a discounted or free trial. You
are free to cancel such trial at any time in your iTunes Account
Settings. PLEASE NOTE: YOUR FREE (DISCOUNTED) TRIAL WILL AUTOMATICALLY
RENEW AS A PAID SUBSCRIPTION UNLESS AUTO-RENEW IS TURNED OFF AT LEAST
24 HOURS BEFORE THE END OF THE TRIAL PERIOD.
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SUBSCRIPTIONS WILL BE AUTO-RENEWED WITHIN 24-HOURS PRIOR TO THE END
OF THE CURRENT SUBSCRIPTION PERIOD UNLESS AUTO-RENEWAL IS TURNED OFF.
You can cancel a recurring subscription from your iTunes Account.
Cancelled subscriptions will not be refunded for the unused part of
the ongoing service period. Additional terms or conditions may apply
to a subscription at the time of order or renewal.
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Subscriptions purchased via Apple App Store are subject to Apple App
Store refund policies. This means we cannot grant refunds. You will
have to contact the Apple App Store support.
- Third-Party Content
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The Service may contain (or you may be sent via the Service) links to
other mobile applications and websites ("Third-Party
Resources") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from
third parties ("Third-Party Content").
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Such Third-Party Resources and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Resources accessed through the Service or any Third-Party Content
posted at, available through, or installed from the Service, including
the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Resources or the Third-Party Content.
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Inclusion of, linking to, or permitting the use or installation of
any Third-Party Resources or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to access the
Third-Party Resources or to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Terms no
longer govern.
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You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you
navigate from the Service or relating to any applications you use or
install from the Service. Any purchases you make through Third-Party
Resources will be through other mobile applications or websites and
from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the
applicable third party.
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You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Resources and you shall hold us
harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party
Resources.
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We allow advertisers to display their advertisements and other
information in certain areas of the Service. We simply provide the
space to place such advertisements, and we have no other relationship
with advertisers.
- User Data
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We care about data privacy and security. Please review our Privacy Policy. It contains information that you should review prior to using the
Service.
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By using the Service, you agree to be bound by the Privacy Policy, which is incorporated into these Terms.
- Term and Termination
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These Terms shall remain in full force and effect while you use the
Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICE, WITHOUT WARNING, IN OUR SOLE DISCRETION.
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In addition, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive
redress.
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Modifications and Interruptions
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We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Service at any time or for any reason without
notice to you.
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We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Service.
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We cannot guarantee the Service will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Service, resulting in
interruptions, delays, or errors.
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You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Service
during any downtime or discontinuance of the Service.
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Nothing in these Terms will be construed to obligate us to maintain
and support the Service or to supply any corrections, updates, or
releases in connection therewith.
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Governing Law and Dispute Resolution
These Terms are governed by, and construed in accordance with the law
of the British Virgin Islands. The parties submit to the exclusive
jurisdiction of the British Virgin Islands courts for any proceedings in
connection with these Terms.
- Corrections
There may be information at the Service that contains typographical
errors, inaccuracies, or omissions that may relate to the Service,
including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies,
or omissions and to change or update the information at the Service at
any time, without prior notice.
- DISCLAIMER
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THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
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WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SERVICE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS WE
USE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICE.
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WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
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AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
- LIMITATION OF LIABILITIES
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IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS,
AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.
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CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Indemnification
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You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, contractors and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by any third party due to or
arising out of: (1) use of the Service; (2) breach of these Terms; (3)
any breach of your representations and warranties set forth in these
Terms; or (4) your violation of the rights of a third party, including
but not limited to intellectual property rights.
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Notwithstanding the foregoing, 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, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of
it.
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Electronic Communications, Transactions, and Signatures
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Using the Service, sending us emails, and completing online forms
constitute electronic communications, you consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and at the Service, satisfy any legal
requirement that such communication be in writing.
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YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICE.
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You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
- Miscellaneous
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These Terms and any policies or operating rules posted by us at the
Service constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of
these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control.
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If any provision or part of a provision of these Terms is determined
to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms and does not affect the
validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms or use of the Service.
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You agree that these Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms and the lack of
signing by the parties hereto to execute these Terms.
- Contact Details
ATOM OPERATIONS LIMITED
Arch. 116 Main Street, P.O. Box 3324, Road Town, Tortola, BVI
Contact email: hello@atomoperations.tech
Last updated: November 20, 2018