Terms and conditions

Terms and Conditions

These Terms and Conditions (“Terms”) govern the use of www.adventurecapitalis.com (the “Site”), operated by Adventure Capitalis (“we” or “us”). By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site.

USE OF SITE

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • To impersonate or attempt to impersonate the Site, a Site employee, another user, or any other person or entity;
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.

We reserve the right to terminate or restrict your use of the Site, without notice or liability, for any reason or no reason whatsoever.

INTELLECTUAL PROPERTY

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes; and
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

USER CONTRIBUTIONS

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with these Terms and all applicable laws and regulations. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

By submitting or posting User Contributions, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Contributions in any form, format, or medium now known or later developed, for any purpose whatsoever, including without limitation, commercial purposes.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
  • All of your User Contributions do and will comply with these Terms and all applicable laws and regulations; and
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

We have the right to remove any User Contributions or other material that we deem to be in violation of these Terms or that we consider to be inappropriate in any way, in our sole discretion.

DISCLAIMER OF WARRANTIES

The Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Site are provided by us on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products (including software) or services included on or otherwise made available to you through the Site, unless otherwise specified in writing.

We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Site, or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

LIMITATION OF LIABILITY

In no event will we or our affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

GOVERNING LAW

These Terms and any disputes arising out of or relatedto these Terms or the Site will be governed by and construed in accordance with the laws of the jurisdiction in which our business is registered, without giving effect to any principles of conflicts of law.

DISPUTE RESOLUTION

Any dispute arising out of or related to these Terms or the Site shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as amended from time to time. The arbitration shall be conducted in the English language and held in the jurisdiction in which our business is registered. The arbitrator shall have the authority to award any legal or equitable relief that would be available in a court of competent jurisdiction. The prevailing party in any arbitration or court proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such proceeding.

If for any reason a dispute proceeds in court rather than in arbitration, each party waives any right to a jury trial and agrees to waive any right to participate in a class action against the other party.

TERMINATION

We may terminate or suspend your access to all or part of the Site, without notice, for any reason, including without limitation, breach of these Terms. Upon termination, your right to use the Site will immediately cease.

GENERAL PROVISIONS

These Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us. You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign these Terms, in whole or in part, at any time without notice to you. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms shall remain in full force and effect.

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