Last updated / effective date: 27th December 2016
Please read these Terms of Service (also referred to as "Terms") carefully before using the Service of Axis Entertainment Limited or its affiliates ("Axis"). These Terms govern and apply to all persons who access or use ("Users") Axis-operated internet service, including but not limited to babyhazel.com, the Axis-operated social media channels, and mobile/in-browser downloads and apps, (all collectively referred to as the "Service").
1. Acceptance of Terms
You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified at any time. All such modifications will be effective immediately upon posting. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Service, in the manner described in the Termination and Survivability portion of these Terms of Service. Your continued use of the Service after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.
2. Ownership of Axis Content
"Content" shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, virtual items and/or in-game purchases, and any and all other material and information You see on the Service, whether provided by Axis or by users of the Service. ALL USE OF CONTENT IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF AXIS AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY AXIS, YOU, OR ANOTHER USER OF THE SERVICE.
You acknowledge that the Content and Service are protected by copyrights, trademarks, and other proprietary rights owned by Axis, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, Axis and its licensors do not grant You any express or implied rights, and all right, title and interest that Axis has in the Service, that are not expressly granted by Axis to You are retained by Axis. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Axis's prior written permission, except that the foregoing does not apply to Your own posted submission.
You acknowledge and agree that any feedback, comments or suggestions You may provide regarding the Service ("Feedback") is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Axis and Axis will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as Axis sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
3. Limitations on Use of Axis Content
ANY USE OF THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF AXIS'S COPYRIGHT RIGHTS IN AND TO THE CONTENT.
4. Community Guidelines
The Axis Service has interactive elements. The following rules of conduct apply to the Axis Service.
- A. You must be 13 years or older to use these Services or have parental consent.
- B. You may not publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.
- C. You are responsible for any activity that occurs under Your registered screen name.
- D. You may not impersonate another person or represent Yourself as affiliated with Axis or Axis's staff.
- E. You are responsible for keeping Your password secure.
- F. You must not abuse, harass, threaten, impersonate, or intimidate other Axis users.
- G. You may not restrict or inhibit any other user from using and enjoying the Service, including but not limited to by disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text).
- H. You may not use web URLs in Your name or posts without prior written consent from Axis
- I. You may not use the Axis Service for any illegal or unauthorized purpose or promote or encourage illegal activity. International users agree to comply with all local laws regarding online conduct and acceptable content.
- J. You are responsible for verifying the safety, suitability, and functional state of any items or Service given, shared, sold, or received via Axis.
- K. You may not intentionally misrepresent any items or Service given, shared, or sold via Axis.
- L. You are responsible for ensuring and being able to verify that You have legal standing to offer items (whether giving, selling, exchanging, sharing, or otherwise) posted on or using Axis.
- M. You are responsible for Your conduct and any data, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, Your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that You submit, post, and display on Axis.
- N. Axis does not control, is not responsible for and makes no representations or warranties with respect to any user content.
- O. You are responsible for Your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
- P. In compliance with COPPA, if You find someone 13 years old or younger using the service without parental consent, please contact Axis.
This list is an example and is not intended to be complete or exclusive. Axis doesn't have an obligation to monitor Your access to or use of the Service or to review or edit any information posted to Axis, by the user. However, Axis has the right to do so for the purpose of operating the Service, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Axis reserves the right, at any time and without prior notice, to remove or disable access to any data submitted by a user, that Axis considers, in its sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by Axis in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Axis encourages You to maintain Your own backup of Your Content. Axis will not be liable to You for any modification, suspension, or discontinuation of the Axis Service, or the loss of any Content.
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. Axis makes no representations, warranties, or guarantees in connection with the Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.
4. Rules of Conduct
Axis' Service has or may have interactive elements. By way of examples and not as limitations, You agree that:
- A. You may not access or try to access non-public areas of the Service, Axis computer systems, or the technical delivery systems employed by the Service.
- B. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the Service any content from Axis including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
- C. You may not publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
- D. You may not Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Service.
- E. You may not Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Service or the Content in any manner.
- F. You may not institute an attack upon any server used in connection with the Service or any portion thereof or otherwise attempt to disrupt such servers.
- G. You may not gather and use information, such as users' name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
- H. You may not publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Service, other users' access to the Service and/or other users' computers.
- I. You may not, in the use of Axis Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
- J. Violation of this agreement can result in the termination of Your Axis account. You agree to indemnify and hold Axis harmless as indicated below in the section titled Indemnification.
- K. While Axis prohibits certain conduct and content on its Service, You understand and agree that Axis cannot be responsible for the Content posted on its Service and You nonetheless may be exposed to such materials and that You use the Service at Your own risk.
- Q. You may not make false reports to Axis administrators.
- R. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Service or the Content.
- L. You may not remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service and/or the Content.
5. General Conditions
- A. Axis reserves the right to refuse service to anyone for any reason at any time.
- B. Axis reserves the right to force forfeiture of any username that becomes inactive, violates intellectual property rights, defames, or may mislead other users.
- C. Axis may, but has no obligation to, remove Content and accounts containing Content that Axis determines in its sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- D. Axis reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
6. Ownership of User-Generated Content
- A. Axis does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that You post on or submit through the Axis Service. By posting, uploading, embedding, displaying, communicating, or otherwise distributing ("Posting") any Content on or through the Axis Service, You hereby grant to Axis a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, worldwide, sublicensable and transferable license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights ("Rights"). This grant allows Axis to use, modify, publicly perform, publicly display, reproduce, distribute, and generally exploit such Content, including without limitation distributing part or all of the Content in any media formats, for any purpose, through any media channels, known or unknown.
- B. Some of the Axis Service are supported by advertising revenue and may display advertisements and promotions, and You hereby agree that Axis may place such advertising and promotions on the Axis Service or on, about, or in conjunction with Your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to You.
- C. You represent and warrant that: (i) You own the Content posted by You on or through the Axis Service or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of Your Content on or through the Axis Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content You post on or through the Service per the section titled Indemnification.
- D. Axis owns and retains all rights in the Axis Content and the Axis Service. Axis hereby grants You a limited, revocable, non-sublicensable license to reproduce and display the Axis Content (excluding any software code) solely for Your personal use in connection with viewing postings and using the Service.
- E. The Service does or may contain Content of Users and other Axis licensors. Except as provided within this Agreement, You may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the Service.
- F. To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Postings exist and are not exclusively licensed by Axis and to the extent You are able to do so under applicable law, You agree not to enforce any such rights as to Axis or its licensees, distributors, agents, representatives and other authorized users, and You shall procure the same agreement not to enforce from any others who may possess such rights.
- G. Without limiting the scope of the license or any future grant of rights, consents, agreements, assignments, and waivers You may make with respect to Postings, and to the extent allowed by applicable law, You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Postings submitted by You to Axis.
- H. By Posting to the Service, You waive any right to send a copyright or terms of service related account strike on any of Axis' third-party accounts based on the Content You Posted or any work derived from that Content.
- I. By submitting Your contact information through Axis Service, You opt-in and consent to being added to Axis-controlled mailing lists.
7. Axis' Copyright Policy
You will refrain from posting any information or items to the Service which is copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by Axis infringe Your copyright, You (or Your agent) may send us a notice requesting that the material be removed or access to it blocked.
It is Axis' policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the DMCA. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but Axis will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of Axis will comply with applicable copyright laws. However, if Axis receives proper notification of claimed copyright infringement, Axis' response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether Axis may be liable for such infringement under United States law or the laws of another jurisdiction.
If Axis removes or disable access in response to such a notice, Axis will make a good-faith attempt to contact the owner or administrator of the affected Service or Content so that Axis may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. Axis may also document notices of alleged infringement on which it acts.
8. Designated Agent
Axis's Designated Agent to receive notification of alleged infringement under the DMCA is:
Upon receipt of proper notification of claimed infringement, Axis will follow the procedures outlined herein and in the DMCA.
9. Infringement Notification
If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Axis's Registered Agent (listed above) the following information in a written communication (preferably via email):
- A. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- B. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Axis to locate the material;
- C. Information reasonably sufficient to permit Axis to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- D. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- E. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- F. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that You may be liable for damages (including costs and attorneys' fees) if You materially misrepresent that material is infringing Your copyrights. Accordingly, if You are not sure whether material available online infringes Your copyright, Axis suggests that You first contact an attorney.
10. Counter Notification
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Axis's Registered Agent (listed above) the following information in a written communication (preferably via email):
- A. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- B. Your name, address, and telephone number;
- C. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which Your address is located]";
- D. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- E. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- F. Your signature, in physical or electronic form.
Upon receipt of such counter notification, Axis will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Axis will replace the removed material or cease disabling access to it in 10 business days. Axis will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless the Axis Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Axis systems or network.
11. Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, Axis will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
12. Accommodation of Standard Technical Measures
It is Axis's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Axis determines are reasonable under the circumstances.
You agree to indemnify and hold Axis harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) Axis incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that Your (i) use or misuse of, or access to the Service, or the use of the Service, (ii) violation of the Terms of this agreement, by any person using Your account, violates any applicable law or regulation, or the rights of any third party; (iii) Your Content; (iv) Your (a) interaction with any users, (b) transfer of any item, (c) creation of an item post or (d) the use, condition or suitability of a given item by You, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of request for or use of an item.
Axis retains the right to employ Axis's own counsel. You remain solely responsible for Axis's defense and must obtain Axis's written consent to a settlement. You agree to notify Axis of a pending suit claiming You have violated a third party's intellectual property or other rights. Axis requires that You confirm Your indemnification in case of a lawsuit; failure to do so may be considered a breach of Your Terms of Service.
15. Integration with Third Party Service
If You are using the Axis Service combined, integrated, or used with third party products, software applications, or website ("Third Party Service[s]"), You agree that: (i) You may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Service (ii) the functionality of Axis or the Service, may be diminished when operating through a Third Party Service; (iii) Axis cannot guarantee that the Service shall always be available on or in connection with such Third Party Service.
These Third Party Services are not controlled by Axis. Axis is not responsible for the information of the Third Party Services, for the business practices or privacy policies of the Third Party Services, or for the collection, use or disclosure of any information by the Third Party Services. Axis provides links to the Third Party Services only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Axis of any Third Party Service.
You acknowledge and agree that Axis does not endorse, and 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 information, goods or services available on or through any Third Party Services. You agree that Your use of the Third Party Services, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Third Party Services, is at Your own risk and is subject to the term and conditions or use applicable to the Third Party Services.
Axis is not involved in any way in the actual transaction between the Third Party Services and You. Axis acts solely as a passive conduit for the Third Party Services' sales, distribution and the communication of Your information with regards to transaction with Third Party Services.
You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Third Party Services' items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity.
You acknowledge that Axis is not a part to any possible future disputes between You and the Third Party Services. Resolution of any dispute is the full and sole responsibility of the involved parties and Axis will not act as a mediator between them. You release Axis, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.
Axis reserves the right, at its sole discretion, to modify or replace any of these Terms, on the Axis website, by sending You notice through the Service, or via email. Axis may also impose limits on certain features and Service or restrict access to parts or all of the Service without notice or liability. It is Your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
17. Termination and Survivability
These Terms of Service are effective until terminated. Axis may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your use of the Service and related Content.
The provisions titled Ownership of Axis Content, Limitations of Use of Axis Content, Indemnity, Dispute Resolution, and Governing Law shall survive any termination of these Terms.
18. Disclaimer of Warranty
You understand and agree that the Service are provided to You "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, AXIS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Axis makes no warranty that the Service will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.
19. Limitation of Liability
"Axis Parties" means Axis and its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors).
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AXIS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE AXIS PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO AXIS OR ITS DESIGNEES FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE AXIS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR THE CONTENT, OR INTERACTIONS WITH AXIS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF AXIS AND THE AXIS PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AXIS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
20. Dispute Resolution
For any dispute You have with Axis, You agree to first attempt to resolve the dispute with Axis informally. In the unlikely event that Axis has not been able to resolve a dispute after attempting to do so informally, You and Axis each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, "Claims"), by binding arbitration.
Unless You and Axis decide otherwise, arbitration will be conducted in Mumbai, India, unless objectively, unduly burdensome to one party such that it would render this requirement unenforcable. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AXIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Axis may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without Axis's express prior written consent.
22. No Unsolicited Submissions.
Our company policy does not allow Axis to accept or consider unsolicited idea submissions so please do not Post unsolicited idea submissions on or through any Axis Service. Axis wants to avoid the possibility of future misunderstandings when projects developed by Axis or under Axis' direction might seem to others to be similar to their own creative work. Axis therefore asks that You not Post any unsolicited idea submission. In any event, You agree that any submissions You make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and Axis in any way, and that You have no expectation of any review, compensation or consideration of any type (other than any stated consideration).
Except as expressly stated in these Terms of Service, the provisions of these Terms of Service apply equally to unsolicited submissions and solicited submissions. Accordingly, Axis, its licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all submissions, and Axis shall not be liable to You or to any person claiming through You for any exploitation or disclosure of any submission.
23. Additional Apple Terms
The following additional terms apply to copies of the Axis Service that are accessed through or downloaded from the Apple App Store ("App Provider"). In the event that You have acquired the Service via the Apple App Store, You agree that,
- A. These Terms are concluded between You and Axis, and not with the App Provider. Axis is responsible for the App (not the App Provider).
- B. The App Provider has no obligation to furnish any maintenance and support Service with respect to the App.
- C. In the event of any failure of the App to conform to any applicable warranty, You may notify the App Provider, and the App Provider will refund the purchase price for the App to You (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Axis' responsibility.
- D. The App Provider is not responsible for addressing any claims You have relating to the App or Your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- E. In the event of any third party claim that the App or Your possession and use of that App infringes that third party's intellectual property rights, Axis will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- F. The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to Your license of the App, and that, upon Your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You as a third party beneficiary thereof. 1 You must also comply with any applicable terms of service provided by the App Provider, when using the App.
24. Additional Google Play Store terms
In the event that You have acquired the Service via the Google Play Store, You agree that,
- 1 You may request a refund (if applicable) from the App Provider within 48 hours. The App Provider will refund the purchase price (if applicable) for the App to You.
- 2 The App Provider has no obligation to furnish any maintenance and support Service with respect to the App.
- 3 When You acquire App/Service via the App Provider You are allowed unlimited reinstall of the application. However, should the App be removed from the App Provider's store, users shall no longer have a right or ability to reinstall affected products.
25. Jurisdictional Issues and Export Control Laws
The Service is controlled and operated by Axis from its offices within India. Axis makes no representation that Content and other materials available through the Service is appropriate or available for use in any other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.
26. Governing Law
These Terms are governed by the laws of the Mumbai, India without regard to any conflict of laws rules or principles. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of Mumbai, India without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Service from locations outside of Mumbai, India do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.
Axis' failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms of Service are determined to be illegal, invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimer and liability limitations set forth above, then the invalid or 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 these Terms shall continue in effect.
Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices to You may be made via posting to the Service, by email, or by regular mail, in Axis's discretion. Axis may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on the Service. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
31. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If You are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits You to request and obtain removal of content or information You have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to firstname.lastname@example.org. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information You have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
32. In-App Purchases
Identity of Seller
Sales are made by Axis or the seller identified at the time of sale, if different. If You have questions about Your order, please contact the seller at the address provided and they will assist You. Some storefronts on the Axis Service are operated by third parties and, in that case, different or additional sale terms may apply, which You should read when they are presented to You.
Digital Content and Virtual Items
Axis may make applications, games, software or other digital content available on the Axis Service for You to license for a one-time fee. When purchasing a license to access such material from an Axis Service, charges will be disclosed to You on the Axis Service before You complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Axis Services. Virtual items (including characters and character names) or in-game currency purchased or available to You in the Axis Services can only be used in connection with the Axis Services where You obtained them or where they were developed by You as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Axis Services for money or other items for value. Axis may modify or discontinue virtual items or in-game currency at any time.
33. Entire Agreement
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and Axis regarding the Service with respect to its subject matter. These Terms supersede and replace all prior or contemporaneous communications or agreements, whether electronic, oral or written, between You and Axis regarding the Service, and you represent that You have not relied on any such communications in accepting these Terms of Service.
34. Questions & Contact Information
Axis's performance of these Terms of Service are subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Axis's right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Service or information provided to or gathered by Axis with respect to such use.
A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The parties agree that all correspondence relating to these Terms of Service, shall be written in the English language.
Please contact us http://www.babyhazel.com/contactus/ if You have any questions about these Terms.
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