Terms of Service
1.
Your itExamDumps.com Account and Site. If
you create a blog/site on the Website, you are responsible for maintaining the
security of your account and blog, and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords to your blog
in a misleading or unlawful manner, including in a manner intended to trade on
the name or reputation of others, and PremiumExam may change or remove any
description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause PremiumExam liability. You must immediately notify
PremiumExam of any unauthorized uses of your blog, your account or any other
breaches of security. PremiumExam will not be liable for any acts or omissions
by You, including any damages of any kind incurred as a result of such acts or
omissions.
2.
Responsibility of Contributors. If
you operate a blog, comment on a blog, post material to the Website, post links
on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, “Content”), You are
entirely responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By making
Content available, you represent and warrant that:
·
the
downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade
secret rights, of any third party;
·
if your
employer has rights to intellectual property you create, you have either (i)
received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a
waiver as to all rights in or to the Content;
·
you have
fully complied with any third-party licenses relating to the Content, and have
done all things necessary to successfully pass through to end users any
required terms;
·
the
Content does not contain or install any viruses, worms, malware, Trojan horses
or other harmful or destructive content;
·
the
Content is not spam, is not machine- or randomly-generated, and does not
contain unethical or unwanted commercial content designed to drive traffic to
third party sites or boost the search engine rankings of third party sites, or
to further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
·
the
Content is not pornographic, does not contain threats or incite violence
towards individuals or entities, and does not violate the privacy or publicity
rights of any third party;
·
your blog
is not getting advertised via unwanted electronic messages such as spam links
on newsgroups, email lists, other blogs and web sites, and similar unsolicited
promotional methods;
·
your blog
is not named in a manner that misleads your readers into thinking that you are
another person or company. For example, your blog’s URL or name is not the name
of a person other than yourself or company other than your own; and
·
you have,
in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether
requested to do so by PremiumExam or otherwise.
By submitting Content to PremiumExam for
inclusion on your Website, you grant PremiumExam a world-wide, royalty-free,
and non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting your blog. If
you delete Content, PremiumExam will use reasonable efforts to remove it from
the Website, but you acknowledge that caching or references to the Content may
not be made immediately unavailable.
Without limiting any of those
representations or warranties, PremiumExam has the right (though not the
obligation) to, in PremiumExam sole discretion (i) refuse or remove any content
that, in PremiumExam reasonable opinion, violates any PremiumExam policy or is
in any way harmful or objectionable, or (ii) terminate or deny access to and
use of the Website to any individual or entity for any reason, in PremiumExam
sole discretion. PremiumExam will have no obligation to provide a refund of any
amounts previously paid.
3.
Payment and Renewal.
·
General Terms.
By selecting a product or service, you agree to pay PremiumExam the one-time
and/or monthly or annual subscription fees indicated (additional payment terms
may be included in other communications). Subscription payments will be charged
on a pre-pay basis on the day you sign up for an Upgrade and will cover the use
of that service for a monthly or annual subscription period as indicated.
Payments are not refundable.
Unless you notify PremiumExam before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to PremiumExam in writing.
·
Automatic Renewal.
4.
Services.
·
Fees; Payment. By signing up for a Services
account you agree to pay PremiumExam the applicable setup fees and recurring
fees. Applicable fees will be invoiced starting from the day your services are
established and in advance of using such services. PremiumExam reserves the
right to change the payment terms and fees upon thirty (30) days prior written
notice to you. Services can be canceled by you at anytime on thirty (30) days
written notice to PremiumExam.
·
Support. If your service includes access to
priority email support. “Email support” means the ability to make requests for
technical support assistance by email at any time (with reasonable efforts by
PremiumExam to respond within one business day) concerning the use of the VIP
Services. “Priority” means that support takes priority over support for users
of the standard or free itexam24.com services. All support will be provided in
accordance with PremiumExam standard services practices, procedures and
policies.
5.
Responsibility of Website Visitors. PremiumExam
has not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for that
material’s content, use or effects. By operating the Website, PremiumExam does
not represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. PremiumExam disclaims any responsibility for
any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
6.
Content Posted on Other Websites. We
have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which
itexam24.com links, and that link to itexam24.com. PremiumExam does not have
any control over those non-PremiumExam websites and webpages, and is not
responsible for their contents or their use. By linking to a non-PremiumExam
website or webpage, PremiumExam does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. PremiumExam disclaims
any responsibility for any harm resulting from your use of non-PremiumExam websites
and webpages.
7.
Copyright Infringement and DMCA Policy. As
PremiumExam asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that
material located on or linked to by itexam24.com violates your copyright, you
are encouraged to notify PremiumExam in accordance with PremiumExam Digital
Millennium Copyright Act (“DMCA”) Policy. PremiumExam will respond to all such
notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. PremiumExam will
terminate a visitor’s access to and use of the Website if, under appropriate
circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of PremiumExam or others. In
the case of such termination, PremiumExam will have no obligation to provide a
refund of any amounts previously paid to PremiumExam.
8.
Intellectual Property. This Agreement does not
transfer from PremiumExam to you any PremiumExam or third party intellectual
property, and all right, title and interest in and to such property will remain
(as between the parties) solely with PremiumExam. PremiumExam, itexam24.com,
the itexam24.com logo, and all other trademarks, service marks, graphics and
logos used in connection with itexam24.com, or the Website are trademarks or
registered trademarks of PremiumExam or PremiumExam licensors. Other
trademarks, service marks, graphics and logos used in connection with the
Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any PremiumExam or
third-party trademarks.
9.
Advertisements. PremiumExam reserves the right to
display advertisements on your blog unless you have purchased an ad-free
account.
10. Attribution. PremiumExam reserves the right to display attribution links such as
‘Blog at itexam24.com,’ theme author, and font attribution in your blog footer
or toolbar.
11. Partner
Products. By activating a partner product
(e.g. theme) from one of our partners, you agree to that partner’s terms of
service. You can opt out of their terms of service at any time by de-activating
the partner product.
12. Domain
Names. If you are registering a domain
name, using or transferring a previously registered domain name, you acknowledge
and agree that use of the domain name is also subject to the policies of the
Internet Corporation for Assigned Names and Numbers (“ICANN”), including
their Registration Rights and Responsibilities.
13. Changes. PremiumExam reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. PremiumExam may also, in the future, offer new
services and/or features through the Website (including, the release of new
tools and resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement.
14. Termination. PremiumExam may terminate your access to all or any part of the Website at
any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your itexam24.com account (if you
have one), you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a paid services account, such account can only be terminated
by PremiumExam if you materially breach this Agreement and fail to cure such
breach within thirty (30) days from PremiumExam notice to you thereof; provided
that, PremiumExam can terminate the Website immediately as part of a general
shut down of our service. All provisions of this Agreement which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
15. Disclaimer
of Warranties. The Website is provided “as is”.
PremiumExam and its suppliers and licensors hereby disclaim all warranties of
any kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither
PremiumExam nor its suppliers and licensors, makes any warranty that the
Website will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise obtain
content or services through, the Website at your own discretion and risk.
16. Limitation
of Liability. In no event will PremiumExam, or
its suppliers or licensors, be liable with respect to any subject matter of
this agreement under any contract, negligence, strict liability or other legal
or equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to PremiumExam under this agreement during the
twelve (12) month period prior to the cause of action. PremiumExam shall have
no liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable
law.
17. General
Representation and Warranty. You represent and
warrant that (i) your use of the Website will be in strict accordance with the
PremiumExam Privacy Policy, with this Agreement and with all applicable laws
and regulations (including without limitation any local laws or regulations in
your country, state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
18. Indemnification. You agree to indemnify and hold harmless PremiumExam, its
contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Website, including
but not limited to your violation of this Agreement.
19. Miscellaneous. This Agreement constitutes the entire agreement between PremiumExam
and you concerning the subject matter hereof, and they may only be modified by
a written amendment signed by an authorized executive of PremiumExam, or by the
posting by PremiumExam of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the Phnom Penh, excluding its conflict
of law provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts located in
Cambodia. Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any competent
court without the posting of a bond), any dispute arising under this Agreement
shall be finally settled in accordance with the Comprehensive Arbitration Rules
of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three
arbitrators appointed in accordance with such Rules. The arbitration shall take
place in Cambodia, in the English language and the arbitral decision may be
enforced in any court. The prevailing party in any action or proceeding to enforce
this Agreement shall be entitled to costs and attorneys’ fees. If any part of
this Agreement is held invalid or unenforceable, that part will be construed to
reflect the parties’ original intent, and the remaining portions will remain in
full force and effect. A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. You may assign your rights
under this Agreement to any party that consents to, and agrees to be bound by,
its terms and conditions; PremiumExam may assign its rights under this
Agreement without condition. This Agreement will be binding upon and will inure
to the benefit of the parties, their successors and permitted assigns.
