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Terms Of Services
Below we have mentioned legal terms that apply to everyone who visits our website or uses our services. There terms play a vital role to protect both you and us, and to make our services secure and more pleasant for everyone. Freeze Byte offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be tiring and time taking to read, we’ve tried to make it the experience less hectic more pleasant, so we have below specified quick summary of service level agreement.
If you have any suggestions on how we can improve them, you are more than welcome to contact us at [email protected]
Quick Summary Of Service Level Agreement
- You shall be subscribed to FreezeByte after clearance of invoice.
- Our technical team shall only assist queries from register customer email id.
- Your selected theme shall be Live in average time of 3 business days.
- Our team is working hard to respond all of the queries as early as possible, however average time shall be 24-48 hours in working days.
- Managed support only available for members under Professional & Corporate plan, please read your order manual for further understanding.
- Products, pages & features development content needs to be provided by the customer by filling our online content submission form here, or for self-manage please visit FreezeByte University.
- All content must be provided in the soft format from our online form by member.
- ETA for each ticket or any addon service will be provided according to the requirements.
- Any customization in the page/feature outside the theme demo will be charged as an addon service.
Our services offer our user with an opportunity to own a pleasant and professionally designed website, to manage and promote businesses, gain prominent growth without being techie or a design master.
As detailed below, we offer our users numerous tools and features to manage website development and hosting service, on super-fast and secure technology while you can focus on running your business.
These FreezeByte.com terms of services (“Terms of Services”), together with such additional terms which specifically apply to some of our services and features as presented on the Freezebyte.com website (“Freeze Byte Website”, and collectively – the “Freeze Byte Terms”), all set forth the entire terms and conditions applicable to each visitor or user of the Freeze Byte Website. The Freeze Byte Terms constitute a binding and enforceable legal contract between Freezebyte.com Ltd. and its affiliated companies and subsidiaries worldwide (“Freeze Byte”, “us” or “we”) and you in relation to the use of any Freeze Byte Services – so please read them carefully.
In order to access and use Freeze Byte services and features, your first step will be to register and create an account. After which you be officially a User of Freeze Byte and will be bind to agree all the terms of services mentioned on our website.
If any other person will access your User Account settings, and perform any actions against Freeze Byte written policies you will be held responsible for taken actions. Moreover if they make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, it is strongly recommended by our team to keep your log-in credential of your User Account secure and confidential, and share it with only to people you trust the most – as you will be held responsible for every activity that occur under your User Account, all the damages, expenses or losses that will occur as a result, you will be accountable for it.
We strongly encourage our user to provide complete and correct details of your own or your company’s contact for billing, including e-mail address as we will use it to analyze and determine the actual owner of the User Account comply with us. Moreover, you are bind to provide us accurate and complete information when you want to register you User Account and using Freeze Byte Services, to which you are the sole and exclusive rights holder.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination, we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
- Freeze Byte consider all the user and their purchases as subscription on our website. You will bethe owner of all the services & the website, till the time you pay for the subscription. All purchased content on our platform (Freeze Byte) is solely Freeze Byte authority which can be subscribed by user on rental basis.
- If any paid services were purchased via a user account, Freeze Byte will consider the owner of such user account thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Freeze Byte’s database, Freeze Byte will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Freeze Byte will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Freeze Byte shall consider the person registered as the owner of the domain connected to the Freeze Byte Account as the owner of the User Platform.
- Notwithstanding the forgoing, Freeze Byte shall have the right to determine the ownership of User Content and/or user website as it chooses, including by ignoring the indications set forth above, in event Freeze Byte deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Freeze Byte.
2. You’re Accountable
You represent and warrant that:
- You are at least sixteen (16) years of age if you are an individual, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Freeze Byte Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Freeze Byte Terms;
- You are not a resident of (or will use the Freeze Byte services in) a country that the U.S. government has embargoed for use of the Freeze Byte services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
- Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- You understand that Freeze Byte does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
- You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Freeze Byte services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
- You have (and will maintain) the full power, title, licenses, consents and authority to allow Freeze Byte services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
- The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Freeze Byte and/or your End Users to access, import, copy, upload, use or possess in connection with the Freeze Byte services;
- You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
You undertake and agree to:
- Fully comply with all applicable laws and any other contractual terms which govern your use of the Freeze Byte services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- Be solely responsible and liable with respect to any of the uses of the Freeze Byte services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Freeze Byte services);
- Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third-Party services used by you;
- Receive from time to time promotional messages and materials from Freeze Byte or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
- Allow Freeze Byte to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Freeze Byte’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Freeze Byte or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
- Freeze Byte’s sole discretion as to the means, manner, and method for performing the Freeze Byte services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
- Freeze Byte shall have the right to offer the Freeze Byte services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Freeze Byte Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your content, etc.
You agree and undertake not to:
- Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Freeze Byte Website, the Freeze Byte Services (or any part thereof), any Content offered by Freeze Byte or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Freeze Byte’s prior written and specific consent and/or as expressly permitted under the Freeze Byte Terms;
- Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Freeze Byte or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
- Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
- Upload, insert, collect or otherwise make available within the Freeze Byte Website or the Freeze Byte Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
- Publish and/or make any use of the Freeze Byte services or Licensed Content on any website, media, network or system other than those provided by Freeze Byte, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Freeze Byte Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Freeze Byte, in advance and in writing;
- Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Freeze Byte Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Freeze Byte services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Freeze Byte Services;
- Act in a manner which might be perceived as damaging to Freeze Byte’s reputation and goodwill or which may bring Freeze Byte into disrepute or harm;
- Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Freeze Byte or Freeze Byte Marks and/or variations and misspellings thereof;
- Impersonate any person or entity or provide false information on the Freeze Byte Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Freeze Byte and/or any End Users;
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Freeze Byte or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
- Reverse look-up, trace, or seek to trace another User of Freeze Byte Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Freeze Byte Services and/or User Platform without their express and informed consent;
- Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Freeze Byte Services, User Platform, the account of another User(s), or any other systems or networks connected to the Freeze Byte Services, by hacking, password mining, or other illegitimate or prohibited means;
- Probe, scan, or test the vulnerability of the Freeze Byte services or any network connected to the Freeze Byte Services;
- Upload to the Freeze Byte services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Freeze Byte Services or Freeze Byte’s systems or networks connected to the Freeze Byte Services, or otherwise interfere with or disrupt the operation of any of the Freeze Byte Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- Use any of the Freeze Byte Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- Access to Freeze Byte Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
- Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Freeze Byte Services, except as expressly permitted by the Freeze Byte Terms;
- Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Freeze Byte Services and/or Licensed Content; or
- Violate, attempt to violate, or otherwise fail to comply with any of the Freeze Byte Terms or any laws or requirements applicable to your use of the Freeze Byte Services.
- Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such services.
3. Content and Ownership
Your Intellectual Property
As between Freeze Byte and you, your provided content and any other material provided by you, including images, videos, text or literary work, logos, animations, audio files, artwork, compositions etc shall be solely your property. Freeze Byte will not claim ownership right on your content. But by agreeing to our terms of services you authorize us to access, upload or copy your provided content, for any type of adjustments, backup, technical actions, or uses required to perform our services, as we deem fit.
Freeze Byte Intellectual Property
All rights, title and interest in and to the Freeze Byte Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any property rights below any applicable law (including any design, graphics, images, web site templates and widgets, piece of writing, supply and computer code, coding system (including html), applications, audio, music,
video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Freeze Byte Services, methods, products, algorithms, data, interactive features and objects, advertising
and acquisition tools and strategies, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and different proprietary identifiers, whether or not or not registered and/or capable of being registered
(Collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Freeze Byte.
All rights, title and interest in and to the Freeze Byte Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code, applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Freeze Byte services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Freeze Byte.
Subject to your full compliance with the Freeze Byte Terms and timely payment of all applicable Fees, Freeze Byte hereby grants you, upon creating your User Account and for as long as Freeze Byte wishes to provide you with the Freeze Byte services, a non-exclusive, non-transferable, non-sub licensable, full revocable, limited license to use the Freeze Byte Services, for the purpose of generating and displaying your User Products, solely as expressly permitted under the Freeze Byte Terms, and solely within the Freeze Byte Services.
Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Freeze Byte Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Freeze Byte. By providing such Feedback to Freeze Byte, you acknowledge and agree that it may be used by Freeze Byte in order to: (i) further develop, customize and improve of the Freeze Byte Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Freeze Byte -related notices and/or interview request based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Freeze Byte may use to provide and improve its services, (vi) to enhance Freeze Byte data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Freeze Byte any right, title and interest you may have in such feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such feedback.
5. Conditions of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Freeze Byte, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Freeze Byte Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Freeze Byte Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Freeze Byte Services; (6) events beyond the reasonable control of Freeze Byte, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Freeze Byte Services.
You acknowledge and agree that these conditions of liability are agreed allocations of risk constituting in part the consideration for Freeze Byte’s services to you, and such limitations will apply even if Freeze Byte has been advised of the possibility of such liabilities.
The Freeze Byte Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “eCommerce”).
You are solely responsible for your user products and eCommerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online eCommerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“eCommerce Service Provider(s)”), in accordance with such eCommerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such eCommerce Service Providers, or for the actions of any of these eCommerce Service Providers.
By using any of our eCommerce features, you acknowledge, warrant and agree that:
- You shall be solely and fully responsible for all Taxes and fees of any nature associated with your eCommerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
- Any Taxes indicated by the eCommerce features provided to you by Freeze Byte are solely provided for illustration purposes only, and may not be relied on in any way;
- You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
- You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
- You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
- Freeze Byte may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
8. Disclaimer of Warranties
We provide the Freeze Byte Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Freeze Byte Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Freeze Byte Services – so please be sure to verify those before using or otherwise engaging them.
Freeze Byte may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Freeze Byte be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Freeze Byte Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Freeze Byte shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Freeze Byte Services and/or connecting and/or dealing with any Third Party Services through or in connection with Freeze Byte Services, and that Freeze Byte cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Freeze Byte does not recommend the use of the Freeze Byte Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Freeze Byte Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Freeze Byte Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Freeze Byte Services at this BETA stage signifies your agreement to participate in such Freeze Byte Services’ BETA testing.
9. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Freeze byte, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Freeze byte Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Freeze byte Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Freeze byte Services; (6) events beyond the reasonable control of Freeze byte, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Freeze byte Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Freeze byte’s services to you, and such limitations will apply even if Freeze byte has been advised of the possibility of such liabilities.
Changes & Updates
Freeze byte reserves the right to change, suspend or terminate any of the Freeze Byte Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Freeze byte Services (including removal of any materials created by you in connection with the Freeze byte Services) for any reason and/or change any of the Freeze byte Terms with or without prior notice – at any time and in any manner.
You agree that Freeze byte will not be liable to you or to any third party for any modification, suspension or discontinuance of those Freeze byte Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current Freeze byte Services without enabling such changes, or provide you with alternative Services.
Governing Law & Jurisdiction; Class Action Waiver
The Freeze byte Terms, the rights and remedies provided here under, and any and all claims and disputes related here to and/or to the Freeze byte Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Freeze byte Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Singapore, without respect to its conflict of laws principles.
Subject to any applicable law, all disputes between you and Freeze byte shall only be resolved on an individual basis and you shall not have the right to bring any claim against Freeze byte as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the Freeze Byte Services, including by a banner or pop-up within the Freeze Byte Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Freeze Byte’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Freeze Byte Terms, and your use of the Freeze Byte Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Freeze Byte and you.
Freeze Byte may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Freeze Byte Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Freeze Byte. Any attempted or actual assignment thereof without Freeze Byte’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 15.6 shall not in itself grant either Freeze Byte or you the right to cancel any Freeze Byte Services or Third Party Services then in effect.
Severability & Waivers
If any provision of the Freeze Byte Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Freeze Byte Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.