Last update: July 5th, 2018
These terms and conditions (hereinafter collectively referred to as the “Terms”) constitute a legal and binding agreement between Anton Gudkov, business registration no. 316774600512492 (hereinafter referred to as “We”, “Us” or “Our”) and the users and their heirs, agents, successors and assigns (hereinafter singularly and collectively referred to as “You” or “Your”) that use our website www.profitsuperstars.com and its entire contents, features, services and functionalities (hereinafter collectively and indistinctly referred to as the “Site”) and/or access, purchase, download and use the products offered by Us through the Site (hereinafter collectively referred to as the “Products”).
IMPORTANT NOTICE: Your continued use of the Site constitutes Your expressed acceptance of and agreement to be bound by these Terms, as in force from time to time. You further understand and acknowledge that also by downloading, accessing or using any Products You agree to be bound by these Terms. If You do not accept such Terms in their entirety, You must not download, access, or use the Site and/or the Products. If You agree to these Terms on behalf of an entity, You represent and warrant that You have the authority to bind that entity to these Terms. In such event, “You” and “Your” will refer and apply to that entity or agency.
1.1 Scope and purposes. Subject to these Terms, We will provide the access to the Site. You are granted a personal, non-assignable, non-sublicensable, non-transferable and non-exclusive license to download and use the Products.
1.2 Age limit. You represent and warrant that You are eighteen (18) years old or older.
1.3 Reservation of rights. We reserve any and all rights not expressly granted to You in these Terms, including, without limitation, the right to begin charging for any Products available for free in the past and/or any Site’s features or services at any time, as well as the right to reduce any functionality thereof.
2. YOUR RESPONSIBILITIES
2.1 Your responsibilities. You are entirely responsible for the use of the Products and the Site and, to such purpose, You shall not use (or induce others to use) any Products and/or the Site for any activity that violates any applicable local, state, national, and international law, statute, rule, ordinance or regulation (hereinafter singularly and collectively referred to as the “Laws”). Examples of such prohibited uses include, without limitation: (i) uploading viruses or malicious codes, or take any other action on the Site that could anyway compromise any functionality thereof; (ii) accessing the Site using any robot, spider, scraper, or other automated means for any purpose; (iii) facilitating or encouraging any violations of these Terms.
2.2 Indemnification. To any third party’s claim arising out of a violation of Your obligations under these Terms, Sect. 9 (Indemnification) shall apply, in addition to any other rights or remedies afforded to Us under these Terms and/or as per the applicable Laws.
3. AVAILABILITY, UPDATES AND SUPPORT
3.1 Availability. We will use commercially reasonable efforts to make fully available the Site and/or Products, but We have no control or liability over the availability thereof on a continuous or uninterrupted basis, so that from time to time the Site and/or the Products may be inaccessible or inoperable for several reasons, including, without limitation: (i) equipment malfunctions, periodic maintenance procedures or repairs; (ii) causes beyond Our reasonable control or that are not reasonably foreseeable (including, without limitation, threat to security, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures); (iii) limitations due to Your particular device or hardware; (iv) Your violation of any relevant provision of these Terms.
3.2 Maintenance and updates. We are not obligated to maintain the Site and/or Products, or to maintain them in their present form. We, in Our sole discretion, reserve the right to add additional tools, utilities, third-party applications, features or functions, or to provide bug fixes, updates and upgrades, to the Site and/or the Products, in order to improve and enhance the features and performance thereof.
3.3 Support. We will use commercially reasonable efforts to provide You with email support within 2 (two) business days from Your support request.
4. TERM AND TERMINATION
4.1 Obligations surviving termination. Notwithstanding the termination events mentioned in Sect. 5.1), provisions related to limitation of liability, indemnification, intellectual property and others which by their nature are intended to survive will survive the termination or the expiration of these Terms.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Our ownership. We hold and retain all an any title and interest in and to the Site and the Products, as well as in any Intellectual Property Right associated therewith and, therefore, nothing in these Terms will be interpreted as a transfer, in whole or in part, of rights to You or any other third party with reference to the Site and the Products, other than those specified herein. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property and other similar proprietary rights in any jurisdiction, whether owned or held for use under license, whether registered or unregistered, including such rights in and to: (i) trademarks, service marks, certification marks, logos, trade names, and the goodwill associated with the foregoing; (ii) patents and patent applications, and any and all divisions, continuations, reissues, reexaminations, and extensions thereof; (iii) writings and other works of authorship; (iv) trade secrets, business, technical and know-how information, business processes, non-public information, proprietary information and confidential information, and rights to limit the use or disclosure thereof by any person; (v) software, including data files, source code, object code, application programming interfaces, databases and other software-related specifications and documentation; (vi) domain names, uniform resource locators, and Internet addresses; (vii) any and all technical information, software, specifications, drawings, records, documentation, ideas, knowledge, invention disclosures or other data; (viii) claims, causes of action and defenses relating to the enforcement of any of the foregoing.
5.2 Your feedbacks and suggestions. We may freely use Your feedbacks, suggestions, or ideas in any way, including in future modifications of the Site, the Products, or of any other products or services, advertising or marketing materials. To such purpose, You grant Us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback You provide to Us in any way. Notwithstanding the preceding, We will not sell, publish or share Your feedback in a way that could identify You without Your explicit permission.
6. PRIVACY AND DATA PROTECTION
6.3 Our right to access data. To the maximum extent permitted by the applicable Law, We expressly reserves the right to access, read, preserve, and disclose any information as we may reasonably believe necessary to: (i) satisfy any applicable Law or any Authority request; (ii) enforce these Terms (including investigation of potential violations thereof) or Our Intellectual Property Rights; (iii) detect, prevent, or otherwise address fraud, anti-piracy, security or technical issues; (iv) conduct internal statistics and analytics on an anonymized basis, including tracing the use of the Site for the purpose of correctly provide updates, functionalities and improvements, or for security reasons.
7. WARRANTY AND LIABILITY
7.1 DISCLAIMER OF WARRANTY. THE SITE AND THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW AND WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT WARRANT THAT THE SITE AND/OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SITE AND/OR THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
7.2 DISCLAIMER OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS AND EXCEPTION MADE FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY THE APPLICABLE LAWS, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE PRODUCTS ANR/OR THE SITE, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
7.3 EXCLUSIVE REMEDY. IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND WE BECOME LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU IN RELATION TO THE PRODUCTS FROM WHICH AROSE OUR LIABILITY. NOTWITHSTANDING THE PRECEDING, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE AND/OR THE PRODUCTS SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE AND/OR THE PRODUCTS.
8.1 Indemnification. You shall indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arose by any claim made by any third party (including, without limitation, any agency, public administrations, entities, etc.) against Us in connection with any of Your: (i) violation or breach of any term of these Terms; (ii) violation of any applicable Laws, whether or not referenced herein; (iii) violation of any rights of any third-party; (iv) use or misuse of the Site.
8.2 Remedies. You expressly agree and acknowledge that any violation of Your obligations pursuant to these Terms may cause Us irreparable harm and damage, which may not be recovered at law. Therefore, You agree that Our remedies for breach of these Terms may be in equity by way of injunctive relief, as well and any other relief available, whether in law or in equity.
9.1 Discontinuation policy. The Products are subject to Our discontinuation policy, so that We reserve the right to discontinue all support for such Products, and/or for any features, online or other services or content accessible through the Site, in accordance with such discontinuation policy.
9.2 Independent entities. We are an independent contractor, so no partnership, joint venture, or agency relationship exists between Us and You. You and Us are each responsible for paying their own employees, including employment related taxes and insurance.
9.3 Force majeure. We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, We will be excused from such performance to the extent it is delayed or prevented by such cause.
9.4 No implied waiver. Any tolerance or silence by Us, even if on a continuous and reiterated basis, in relation to any breach or default by You of any provision of these Terms shall not be considered as a consent to such breaches and defaults and shall not affect the validity of the clause breached nor shall be construed as a waiver to any of the rights pertaining to Us pursuant to these Terms and/or the applicable Laws.
9.5 Governing law and exclusive jurisdiction. These Terms are governed by the substantive and procedural Laws of the Russian Federation, without regard to conflict of law provisions. Any dispute arising out of, or relating to, these Terms shall be submitted to the exclusive jurisdiction of the competent Russian Courts.
9.6 Severability. Should any part of these Terms be declared illegal or unenforceable, the remaining portion will remain in full force and effects.
9.7 Amendments. We may, in our sole discretion, amend these Terms at any time by posting a revised version thereof on Our website at https://profitsuperstars.com, providing reasonable advance notice of any amendment that includes a change that reduces Your rights or increases Your responsibilities. Your continued use of the Software following changes to the Terms after the effective date of a revised version thereof constitutes Your expressed acceptance of and agreement to be bound by these Terms as in force from time to time.