Effective Date: May 24, 2017
Last Modified: May 24, 2017
Please review these terms and conditions of use carefully before using ТЕСOМ LТD’s Website(s), including, without limitation, the following Website(s):
This document states the terms and conditions (“Terms”) upon which ТЕСOМ LТD, a limited liability Company registered in Cyprus, with company registration number: ΗΕ 365144, owner and/or operator of the Website(s) (“we” or “us”) will provide service to you on its website(s), including, without limitation, the above listed website(s) (the “Website(s)”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using” or “use”) the Website(s), you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the (s) and cease using it.
Electronic Signatures / Assent Required: Nobody is authorized to access the Website(s) or accepted as a User unless they have signed these Terms. Such signature does not need to be a physical signature, since electronic acceptance of these Terms is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures and other similar state, national, international and country laws. You manifest Your agreement to this contractual Terms by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Website(s)’s interface, then you have legally agreed to all of the terms and conditions of these Terms. Additionally, by using any of Our Website(s)’s features or Services in any manner, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in these Terms.
1. Grant of Use and Termination
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website(s), including all content available therein (the “Content”) on your computer or mobile device for noncommercial purposes and otherwise consistent with these Terms.
This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Website(s), and/or (iii) remove and/or delete any of your Content. You agree not to use or attempt to use the Website(s) after said termination. Upon termination, the grant of your right to use the Website(s) shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
2. Studio & Model/Performer Supplement
Since you are a Studio and/or Model/Performer and/or or content producer whose content is being uploaded and made available on the Website(s), you must sign up for a special account specifically for Studios and/or Model/Performer and you must agree to be bound by the Studio Supplement and Model/Performer Supplement respectively in addition to these Terms. You must further provide all the information and documents requested by us. The provisions of the Studio Supplement and Model/Performer Supplement respectively are incorporated herein by reference and these Terms are incorporated by reference into the Studio Supplement and Model/Performer Supplement respectively. As used herein, “Account” includes a special Studio
Account and/or Model/Performer Account respectively.
4. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended Terms to the Website(s). No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE(S) FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
5. Indemnification and Release
You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Website(s) or from your breach of these Terms.
In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website(s).
6. Choice of Law and Venue
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Republic of Cyprus without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN THE REPUBLIC OF CYPRUS. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT AND CONSENT TO PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN THE REPUBLIC OF CYPRUS AND ANYWHERE ELSE YOU CAN BE FOUND.
7. General Terms
These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website(s).
The section titles in these Terms are for convenience only and have no legal or contractual effect.
As used in these Terms, the term “including” is illustrative and not limitative.
If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.