1. About us
1.1
The website ipsumagency.com (hereinafter referred to as the “Website”) is managed by Ipsum Limited (the “Ipsum”). These Terms of Use apply to Website’s user’s (“you”, “your”) use of Ipsum web other
offered content, websites and any related services (including servers, software and infrastructure) (hereinafter the “Service”). Use of the Service is also governed by Ipsum’s Privacy Policy.
1.2
Please read these Terms of Use carefully before you use the Service. By installing, using or otherwise accessing the Service you agree with the applicability and content of these Terms of Use as well as the applicable privacy policy. Certain parts of
the Service, such as webpages or portals may include additional terms and conditions from us or our suppliers, licensors or other third parties, that supplement these Terms of Use. By using those services, you agree to comply with such additional
terms and conditions. If you do not agree to the Terms of Use, the applicable Privacy Policy or additional terms and conditions, do not to use the website.
2. Registration and account
2.1
Subject to your agreement and continuing compliance with these Terms of Use and any other relevant policies and terms and conditions, Ipsum grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations
below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. Ipsum offers information on its products on its website. Please note that you are solely responsible
for any costs you may incur using the Service through any wireless or other communication service. Any of the content placed on the Ipsum’s website should not be threaten as a public offering. For the processing of any payments on the Ipsum
or any other platform, Ipsum may use third party payment providers on Ipsum’s own discretion.
2.2
Without limiting any other remedies, Ipsum may limit, suspend terminate, modify, or delete accounts or access to the Service or portions thereof if you are, or Ipsum suspects that you are failing to comply with the Terms of Use or for any actual or suspected
illegal or improper use of the Service, without notice to you. Ipsum is under no obligation to compensate you for any losses or results related to this, including but not limited to any benefits, privileges or virtual items associated with
your use of the Service.
3. Advertisements and third party content
3.1
When providing you with information about our products on the website we may display advertising. Any dealings you engage in with any advertisers via our Service are between you and the advertiser, and subject to additional terms and conditions from such
advertiser (if any). Ipsum is not liable for any loss or claim you may have against any advertiser.
3.2
The Service may include links to websites of third parties, including links provided as automated search results. The existence of such links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not
responsible or liable for any content or other materials on these third-party sites.
4. Conduct on the service
4.1
You may use the Service offered on it only for lawful, personal, non-commercial purposes. To the extent any content is available for downloading, such content may only be downloaded for personal use, and may not be further reproduced or distributed. Any
download is subject to the rules that accompany that particular content.
4.2
You may not:
4.3
You may not submit or transmit through the Service any information, content, or material or otherwise engage in any conduct that:
Ipsum reserves the right to determine what conduct it considers to be in violation of the Terms of Use or otherwise outside the intent or spirit of these Terms of Use. Ipsum reserves the right to take action as a result, which may include terminating
your Account and prohibiting you from using the Service in whole or in part.
5. Proprietary Rights
5.1
The Service includes a variety of content, marks, data, works, and material of Ipsum and third parties (hereinafter together referred to as the “Content”), including but not limited to logo’s, trademarks, look & feel, trade names, software, layouts, information,
text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Ipsum or its licensors. All Content is copyrighted
under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The Trademarks, the logos and designs may not be used without Ipsum express written permission. You agree not to copy, redistribute, publish
or otherwise exploit any Content in violation of the intellectual property rights of Ipsum or any other third party. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary
rights in the Account. All right in and to the Account are and shall remain owned and inure to the benefit of Ipsum.
5.2
We may make Content available for you to download or use. Such Content will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the Content, then the following license, in addition
to the other terms of these Terms of Use, shall govern your use of such Content. We grant you a personal, nonexclusive, nontransferable, limited license to install the Content on any single computer or device. The Content is protected by copyright
and other intellectual property laws and treaties and is owned by us or our licensors. You may not sell or redistribute the Content. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile,
or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software.
You agree to abide by all laws and regulations regarding your use of the Content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Content
and update it to improve its performance and capabilities. If you shut down the Content during an automatic update or otherwise interfere with the installation of the update, the content may be damaged and/or cease to operate.
5.3
The Service is continuously evolving and Ipsum may require that you accept updates to the Content and the Service. Such update may take place with and without notification.
6. Disclaimer of warranties and limitation of liability
6.1
We provide the Service ‘AS IS’, with all faults and as available. We and our licensors make no express warranties or guarantees about the Service. Ipsum is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers
disclaim implied warranties that the Service is merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, and non-infringing. We do not guarantee that the Service will meet your requirements or will be
error-free, reliable, without interruption, or available at all times. We do not guarantee that the results that may be obtained from the use of the Service (including any support services) will be effective, reliable, or accurate or will
meet your requirements. We do not guarantee that you will be able to access or use the Service (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative
of Ipsum shall create a warranty. We may discontinue or change any service or feature of the Service at any time and without notice. You may have additional consumer rights under your local laws that this contract cannot change and that Ipsum
will adhere to.
6.2
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Service. In no event shall our liability (or the liability of our parent company or our suppliers) for any and all claims relating to the use of the Service exceed
the total amount of 500 EUR (euros five hundred) immediately preceding the event giving rise to the dispute. You acknowledge and agree that if you have not paid anything to Ipsum during such time period, your sole remedy (and Ipsum exclusive
liability) for any dispute with Ipsum is to stop using the Service. IPSUM, ITS AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO AND USE OF THE SERVICE
AND YOUR RIGHTS UNDER THESE TERMS OF USE OR ANY APPLICABLE ADDITIONAL TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IPSUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some countries, states,
or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states, or jurisdictions, our liability (and the liability of our parent and suppliers) shall be limited
to the extent permitted by law.
6.3
We make no representation that any Service is appropriate or available for use in locations outside of Cayman Islands. If you choose to access the Service from a location outside Cayman Islands, you do so on your own initiative and you are responsible
for compliance with local laws. The foregoing does dot prejudice the limitations of liability and the indemnifications, elsewhere in these terms and conditions.
6.4
If in your view any copyright or other intellectual property right (“IP right”) that you may have is being infringed by/on the Service, please inform us of hereof immediately, thereby providing us with:
7. Indemnifications
Except for, and without prejudice to your full liability and indemnification obligations set forth in this Agreement, Ipsum shall not be liable for any lost profits, or any form of special, incidental, indirect, consequential or punitive damages arising
out of or related to this agreement. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from
all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with us in asserting any available defenses.
8. Termination
Ipsum may terminate or suspend access to its Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Links to other websites
Ipsum may contain links to third-party web sites or services that are not owned or controlled by Embrla. Ipsum has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that Ipsum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services
available on or through any such web sites or services.
10. Miscellaneous
10.1
This contract and any supplemental terms, policies, rules, and guidelines posted on the Service constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid
or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10.2
You agree that we may electronically provide to you required notices, agreements, and other information concerning the Service. If you no longer agree to receive notices electronically, please cease using the Service and/or expunge the Service from your
computer or device.
10.3
We may change these Terms of Use and will provide notice thereof via the Service. The most recent version of these terms shall at all times be accessible via the Service. You are responsible for checking these Terms of Use periodically for changes. If
you continue to use the Service after the changes to these Terms of Use have come into force, you are signifying your acceptance of the new terms.
10.4
These terms and conditions are governed by law of Cayman Islands. Any claims or dispute that may arise in connection with these terms and conditions or the use of the Service will be submitted to the competent court in Cayman Islands, unless otherwise
agreed upon by Ipsum and/or another dispute resolution forum is available pursuant to mandatory consumer law. If a dispute arises between you and Ipsum, we strongly encourage you to first contact us directly to seek a resolution.
10.5
Ipsum shall not be deemed in default hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to: earthquake, flood, or other natural disaster, act
of God, labor controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any
change in or the adoption of any law, regulation, judgment or decree (each a “Force Majeure Event”).
10.6
You acknowledge that the rights granted and obligations made under these Terms of Use to Ipsum are of a unique and irreplaceable nature, the loss of which shall irreparably harm Ipsum and which cannot be replaced by monetary damages alone so that Ipsum
shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive
or other equitable relief, or to enjoin or restrain the operation of the Service or any of Ipsum’s products, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or
other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.