General scope and object of the agreement
The following terms and conditions (T&C) govern the relationship between you as a client and our company while interacting through our website bestofosceola.com and/or on our application BestOf Osceola.
Navigating and/or interacting on our website and/or application means that you expressly agree to these T&C without reserve or objection.
Our company has the right to modify or adapt these T&C at any time and without prior notice. These T&C are directly applicable as soon as they are published on our website and/or application and/or sent to you by any means.
Please read these Terms and Conditions carefully before using, interacting with, or accessing our website and/or application.
By agreeing to these T&C, you grant us that you have reached at least the legal majority in your country, state, or province of residence. If you are a minor, you grant us that you have all the rights and consent from your legal representatives to use our services. If you have not reached the legal majority, then you must not use our Services.
You are not entitled to use our services, website, and/or application for any illegal or unauthorized purposes.
You must not try to hack, alter the use or functions of our services, send viruses, or lead or try to lead any other kind of attack towards our services. You must not try to attempt at our services' integrity either.
Directory Listings
All businesses listed in our directory are included at no cost; however, their inclusion is based on a strict private research process. We retain all rights to modify, update, or remove listings in the directory at our sole discretion. The decision to list or modify any business within the directory is final and non-negotiable.
Content and Intellectual property
The content provided in our Services might be accessible for free or not. Some content might be required to be logged in or to have a valid paid subscription (IAP, restricted contents, or sections).
If some content requires you to have an account or to be registered, please refer to Article 4 « Registration Process » to know how to access our Services.
The contents of our Services are intended for personal, non-commercial use. All materials available on our Services are protected by copyrights and/or intellectual property rights.
In addition to that, some content might be protected by other rights such as trademarks, patents, trade secrets, database rights, sui generis rights, and other intellectual or proprietary rights.
The user of our Services is not allowed to reproduce totally or partially any content that is made available through our Services. The user will also not reproduce any of our logos, names, visual identities, and so on. They will also not try to reproduce, copy, or produce mere copies of our Services.
The user will not modify, copy, paste, translate, sell, exploit, or transmit for free or not any of the content, text, photos, pictures, drawings, audio content, podcasts, or any content that is available on our Services.
Apple Terms of Use End User Licence Agreement (EULA)
Warranties
The content provided by our Services is provided to the user « as it is » and « as available », we cannot guarantee that the content provided will be exact, true, or error-free. The user accesses our content at their own risk.
We will not be held responsible if any content on our Services is inaccurate or mistaken.
Content moderation (chat, comments, and others) and user-generated content
If our user uploads, posts, or submits any type of content on the Services, you represent to us that you have all the necessary legal rights to upload, post, or submit such content.
You shall not publish, distribute, or upload any content that is abusive, fake news, obscene, pornographic, or illegal.
In addition to that, you shall not try to impersonate anyone else or use a fake identity to use, access, or publish any content on our Services.
You shall not use our Services to transmit any kind of malware, viruses, crypto lockers, ransomware, or spyware.
Users will not threaten or verbally abuse other users nor will they spam the Services. Users will use respectful language and will not try to abuse or discriminate based on race, religion, nationality, sexual gender or preference, age, disability, and so on. Hate speech is prohibited.
Our Company has the right to delete, modify, censor, or delete a client’s content or account if any of the rules above are violated. This will be done without any prior justification or notice. The client will not receive any compensation.
Liability
Our company will not be liable in case of network disruption, viruses, outside access, fraudulent use of payment methods, or any other kind or type of technical issue or fraudulent access.
We also do not take any responsibility for any sales, services, or transactions conducted by businesses listed in our directory. The inclusion of any business in our directory does not constitute an endorsement or guarantee of the quality, reliability, or legality of their products or services. Any interactions, transactions, or agreements made with businesses listed in the directory are solely between you and the respective business. Our company is not liable for any disputes, damages, losses, or claims that may arise from these interactions.
Third-Party links and external links
Some of the contents available on our website and/or application can include materials from third parties and outside sources. Third-party links on our websites and/or applications can direct you to websites outside of our control that are not affiliated with us. We are not responsible nor liable for controlling or examining the content or accuracy of third-party websites or outside sources.
Hence we are not liable nor responsible for any damages or misuse while accessing third-party links or external links or sources on our website and/or application.
Please read carefully our privacy policy regarding how to deal with third-party privacy policies, terms and conditions, and cookie policies.
Disclaimer of warranties
While using our website and/or application, you grant us that we will not be held liable or responsible if data on our services is not accurate, true, complete, or correct. The information and data given on our services are for illustrational and informational purposes only and must not be used for making decisions. Further advice and information must be sought before making any serious decision. You are using our services at your own risk.
Our company reserves the right to modify and/or delete any content on our services without prior notice, but our company has no obligation to update any content available on our services.
Also, our company does not guarantee that the use of our services will be error-free, timely, secure, or uninterrupted. The client agrees that we can remove services from time to time or add new ones without prior notice.
Our services are delivered and provided to clients « as is » and « as available » for use, without any warranties or conditions of any kind.
In no case, our company’s staff, employees, personnel, agents, interns, and so on, are liable for any loss, claim, injury, any indirect or direct damage, incidental, punitive, or special damages of any kind or type. This includes loss of profits, loss of revenues, loss of data, or savings, whether based on tort law, contract, liability, or otherwise.
Indemnification
You as a client of our company agree to indemnify, defend, and hold us harmless from any claim or demand, this includes attorney’s fees made by any third party due to your breach of these T&C or any other document that is binding between you and our company.
Severability
If any part, article, or document of these T&C or any other binding document between you and our company is determined by a competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these T&C. Such determination will not affect the validity and enforceability of any other remaining provisions.
Termination
All of the obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement.
These T&C are effective unless terminated either by our company or by the client.
The client can notify our company that they no longer want to use our services, or they can simply stop using and/or accessing our services, websites, and/or applications.
Our company can terminate this agreement at its sole discretion at any time and without prior notice. The client will hence remain liable for any remaining amounts due to our company.
Governing Law and Venue
Any issue arising from these T&C regarding, but not limited to, their validity, interpretation, execution, consequences, and so on, will be pleaded in front of the relevant jurisdiction.
The relevant jurisdiction is Osceola County, Florida.
Contact information
If you have any questions regarding these Terms and Conditions, you can contact us directly at: info@anvixa.com