Thank you for using PushBot
These Terms of Service (hereinafter referred to as “Terms”) apply when you use the services of PushBot (hereinafter referred to as " PushBot " or "Platform"). or our affiliates, including our application programming interface, and websites (“Services”). By using our Services, you agree to these Terms.
Services is provided to you on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT. You are solely responsible for determining the appropriateness of using or redistributing and assume any risks associated with use of the Services.
We reserve the right to review and amend any of these Terms at our sole discretion and update this page from time to time. Any change to these Terms will take effect immediately from the date of publication. If you do not agree with these Terms, you are prohibited from using or accessing our Website or using any other services provided by us.
If a user registered before the entry into force of these Terms and continues to use the Services after the new Terms ' entry into force, it shall be deemed that the user has fully read, acknowledged and agreed to comply with the new Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES EACH TIME YOU USE THE SERVICES. THESE TERMS GOVERN YOUR USE OF THE SERVICES UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE SERVICES AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SERVICES AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. NOTE THAT THESE TERMS MAY BE UPDATED AT ANY TIME, WITHOUT NOTIFYING YOU AND BY AGREEING TO THESE TERMS NOW, YOU AGREE THAT YOUR CONTINUED USAGE OF THIS SERVICE CONFIRMS YOUR ONGOING AGREEMENT TO ANY UPDATED TERMS. PLEASE ENSURE THAT YOU READ THE TERMS OF SERVICE EACH TIME YOU USE THE SERVICE AND DISCONTINUE USAGE IF YOU NO LONGER AGREE TO ANY UPDATED TERMS.
If you have any questions about these Terms, please email us at [email protected].
I、Access
You must be at least 18 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
II 、 Service Content, Form and Fees
(I) Service scope
PushBot is an auxiliary creative tool. Here, you can enlarge & enhance your images. PushBot can provide the following services: 【 Image enlargement & enhancement】, etc. And subsequent services will be provided gradually along with the development of the business. You are welcome to log in the Platform to browse and use.
(II) Service modes
To use the Service, you need to visit the website https://pay.pushbot.pro/. For the Service, PushBot grants you a personal, non-transferable and non- exclusive license to use the Service only for the purpose of visiting or using the Service.
(III) Service fees
1、Certain aspects of the Services may be provided for a fee or other charge (“Fees”). If you elect to use paid aspects of the Services, you agree to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing.
2、Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income.
3、PushBot has the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method.
4、Monthly Renewal:
Unused monthly Tokens does not roll over. Tokens are automatically replenished when the subscription is renewed.
5、Refunds:
PushBot provides you immediate access to a digital content as soon as you complete your purchase, without waiting the 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase. Due to the high costs of GPU processing, we're not able to offer refunds because we reserve servers and incur high costs for your usage immediately.
6、IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO [email protected]. AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
III 、 Account Registration
On the PushBot account login page, you use your Google account to register and log in. During the account registration process, you agree to the Terms of Service and Privacy Policy. The first login is deemed as the account registration is completed. After your registration is successful, PushBot will give you a platform account (the name of the account, login password and other information are available to you) for your use. You are responsible for keeping your user account and password, and all activities under this account on PushBot are deemed to be your personal actions. You are legally responsible for all activities and events that occur under your user account.
IV、 Code of Conduct for Users
If a User breaches any of the warranties set forth below, PushBot shall have the right to give warning, block or even disqualify the User with regard to the circumstances; if PushBot products and services, any users of PushBot products and services, or any partners of PushBot are damaged as a result of the User's breach of the warranties set forth above, the User shall bear all legal responsibilities and indemnify the damage; if PushBot is held liable by the relevant authority, PushBot shall have the right of recourse against you.
(I) Requirements for User Behavior
You warrant that you reasonably use PushBot and related services and accept this Agreement and other policies, rules, announcements and statements formulated and issued by us from time to time. You shall be responsible for your use of PushBot and related services. Unless permitted by law or with the prior written permission of the Platform, you shall not, with the use of PushBot and related services, conduct any of the following activities:
1.Use any plug-ins, plug-ins, systems or third party’s tools that are not authorized or licensed by the Platform to interfere with, destroy, modify or otherwise influence the normal operation of the PushBot website and related services.
2.Use or target at PushBot and related services to conduct any activities that endanger the security of computer network, including but not limited to:
(1) Illegally intruding into network, interfering with the normal functions of network, stealing network data and other activities that endanger cybersecurity; Use "PushBot " to publish, transmit, spread and store any contents that endanger national security, national unity and social stability, or the contents that are insulting, defamatory, pornographic, violent, unsettling or against the national laws, regulations or policies, or set any website names or role names containing the above contents; Release, transmit and spread illegal advertising information, marketing information or spam; Use "PushBot" to infringe the intellectual property rights, rights of portrait, rights of privacy, rights of reputation, personal information and other legitimate rights or interests of others;
(2) Provide programs and tools specially used for network intrusions, interference with the normal functions and protective measures of the network, theft of network data and other activities prejudicial to cybersecurity, including but not limited to: use of unlicensed data or access to unlicensed servers/accounts; access to public computer networks or other computer systems without permission and deletion, modification or addition of stored information; attempts to detect, scan or test the weakness of software system or network or other actions that compromise the cybersecurity of the network without permission; attempts to interfere with or destroy the normal operation of software system or website, intentional distribution of malicious programs or viruses or other actions that disrupt the normal network information service; falsification of the name or part of the name of TCP/IP data packet; use of the platform and services to upload any viruses, Trojan horses, worms and other contents that compromise the health of the network;
(3) Provide technical support, advertising and promotion, payment and settlement and other assistance for others in case a person is fully aware that they engage in any activity jeopardizing the cybersecurity;
(4) Use unlicensed data or access to unlicensed servers/accounts;
(5) Access to public computer networks or other computer systems without permission and deletion, modification or addition of stored information;
(6) Attempts to detect, scan or test the weakness of PushBot system or network or other actions that compromise the cybersecurity of the network without permission;
(7) Attempts to interfere with or disrupt the normal operation of PushBot website, intentional distribution of malicious programs or viruses, or other actions that disrupt the normal network information service;
(8) Falsification of the name or part of the name of TCP/IP data packets;
(9) Reverse engineering, disassembling, compiling or otherwise attempting to discover the source code of PushBot and related services; Modify, disable any feature of the software and website or create derivative works based on the software and website without permission. Remove any ownership notice or label from PushBot or its documentation, or combine other software with PushBot;
(10) Registering any account with PushBot in bad faith, including but not limited to frequent or bulk registration of accounts; Commit any acts that disrupt the fairness of the service that we provide or affect the normal application order, such as taking advantage of BUG (also known as "vulnerabilities" or "defects") to obtain improper and illegal interests, or making public the plug-in software and BUG by the internet or otherwise;
(11) Any other acts that violate laws, regulations, this agreement, relevant rules of the Platform or infringe upon the legitimate rights and interests of any other person.
If the Platform has reason to believe that your acts have violated or may violate the aforesaid covenants, the Platform may make judgment and handle the matter independently.
(II) Regulating the use of information content
1.You agree that any Content that you download, access or use from us or other users is used at your sole risk and in accordance with these terms and/or any terms attached to such Content.
2.Without the written permission of the Platform, any user or third party shall not directly or indirectly steal models, pictures, articles or other information content on PushBot's website and relevant services in any way (including but not limited to stolen links, redundant theft, illegal crawling, simulated download, deep linking, fake registration, etc.), or delete or change the rights management electronic information of relevant information content in any way (including but not limited to hiding or modifying the domain name, platform logo, user name, etc.).
3.Upon the written permission of the Platform, the sharing and forwarding of information content on PushBot's website and relevant services by the users and third parties shall comply with the following rules:
(1) Without the prior written consent of the Platform, you shall not announce, provide or disclose such data to any third party in any manner with respect to crawling, statistics and obtained relevant search terms, content classification, the number of searches, the number of downloads, the number of favorites and other relevant data;
(2) You shall not make any alteration in any manner to the source webpages of PushBot's website and relevant services, including but not limited to the homepage links, tool links and other entries on PushBot's website and relevant services; Party B shall not block, insert or pop up the display of the source webpages of PushBot's website and relevant services in any manner;
(3) You shall take safe, effective and strict measures to prevent any information and content on PushBot's website and relevant services from being illegally obtained by any third party through, including but not limited to, "spider" process;
(4) You shall not use the relevant information and content for any purpose other than as permitted by the Platform in writing.
4.When using the secondary creation functions (such as image creator, secondary edit, etc.) of the PushBot Services, you understand and agree that there may be a part of the results generated by you using the relevant functions which highly resembles the reference images you upload.
(III) Presentation of Information and Specifications
1.The information and content produced, commented, released and disseminated by you (including but not limited to the models, pictures, comments and so on uploaded to "PushBot" platform) shall voluntarily comply with requirements of the laws and regulations Otherwise, the Platform shall have the right to forthwith take corresponding disposal measures, such as deleting the content and account. You agree and undertake that you will not produce, reproduce, release or disseminate the following information and content:
(1) Advocating terrorism or extremism;
(2) Advocating ethnic hatred or discrimination, or undermining ethnic unity;
(3) Inciting regional discrimination or hatred;
(4) Sabotaging national religious policies, or propagating heretical teachings or feudal superstitions;
(5) Fabricating or disseminating rumors or false information, disrupting economic and social order, or undermining social stability;
(6) Disseminating or disseminating obscenity, pornography, gambling, violence, homicide, terror or instigating others to commit crimes;
(7) Endangering cyber security, or engaging in activities endangering national security, honor or interests using the network;
(8) Insulting or defaming others, or infringing upon others' legitimate rights and interests;
(9) Intimidating or threatening others by violence, or implementing human search;
(10) Involving the privacy, personal information or materials of others;
(11) Disseminating filth and harming the public order and good customs;
(12) Infringing upon others' legitimate rights and interests such as the right to privacy, reputation, portrait or intellectual property;
(13) Which have nothing to do with the commented information;
(14) Publishing information that is meaningless, or deliberately using character combinations to avoid technical examination and approval;
(15) Infringing upon the legitimate rights and interests of minors or damaging the physical and mental health of minors;
(16) Secretly photographing or recording others without the consent of others, infringing upon others' legitimate rights and interests;
(17) Containing terrifying, violent and bloody, highly dangerous, or content harmful to the physical and mental health of the performers or others, including but not limited to the following circumstances:
A. Any violence and/or self-mutilation content;
B. Any content threatening life or health, or performing with the use of knives or other dangerous devices which endangers the personal and/or property rights of the performers or others;
C. Inciting or inducing others to participate in dangerous or illegal activities which may cause personal injury or death; and
(18) Other information which contains contents that violate laws, regulations, policies, public order and good customs, interfere with the normal operation of "PushBot", or infringe upon the legitimate rights and interests of other users or a third party.
3.The Platform will set up a public complaint and reporting platform. You may complain or report various illegal and non-compliant acts, illegal transmission activities, illegal harmful information and other content to the Platform in accordance with the complaint and reporting policies announced by the Platform. The Platform will accept and handle your complaints in a timely manner
4.Any violation of these terms may result in immediate termination of your access to the Website, and the Platform may take further action, including reporting violations to law enforcement authorities, as deemed appropriate. In cases of account termination due to violation of the Platform’s Terms of Service, the Platform reserves the right to refuse to issue a full or partial refund for any pre-paid, unused time and/or tokens that the terminated account has remaining at the time of termination. The Platform reserves the right to block, restrict, or delete content that violates these terms, in its sole discretion, without prior notice or liability.
V 、Processing of Personal Data
(I)If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.
1.The protection of users' personal information is a basic principle of the Platform, and the Platform will take reasonable measures to protect users' personal information. Except as provided by laws and regulations, the Platform will not publicize or disclose users' personal information to a third party without the users' permission. The Privacy Policy of PushBot products of the Platform describes how the Platform collects and uses your personal information when you use PushBot products' service. By using PushBot products' service, you agree that the Platform may collect and use your personal information in accordance with the Privacy Policy. The Platform will adopt professional encryption to store and transmit the relevant information to guarantee the safety of users' personal information.
2.In the process of applying for the Service, you need to fill in some necessary information. Please keep such information true, accurate, legal and valid and keep it updated, so that the Platform can provide you with timely and effective help or better provide services to you. In accordance with relevant laws, regulations and policies, please fill in your true identity information. If the information you fill in is incomplete or inaccurate, you may be unable to use the Service or be restricted in the course of using the Service.
3.Generally, you can browse and change your information at any time. However, for reasons of security and personal identification (for example, account appeal period), you may not be able to change the initial registration information and other verification information provided when you register.
4.The Platform will use various security technologies and procedures to establish a comprehensive management system to protect your personal information from unauthorized access, use or disclosure.
5.Without your consent, the Platform will not disclose your personal information to any company, organization or individual other than the Platform, unless otherwise provided by laws and regulations.
6.The Platform attaches great importance to the protection of minors' personal information. If you are a minor under the age of 18, you shall obtain prior written consent from your parent or legal guardian before using PushBot products/services.
7.You shall pay full respect to any personal information of anyone, including, without limitation, other users, that you know, receive or have access to through the Service. You shall not collect, copy, store, disseminate other users' personal information or use them in any other ways; otherwise, you will bear any consequences arising therefrom.
VI 、Content and Intellectual Property
(I)Content
1.Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, the Platform hereby assigns to you all its right, title and interest in and to Output.
2.By using the Services, you grant to PushBot and its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute text, image or video prompts you input into the Services, or your Content produced by the Service. This license survives termination of this Agreement by any party, for any reason.
3.PushBot may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
4.PLEASE NOTE: PushBot IS AN OPEN COMMUNITY WHICH ALLOWS OTHERS TO USE AND REMIX YOUR CONTENT WHENEVER THEY ARE POSTED IN A PUBLIC SETTING. BY USING PushBot, YOU ACKNOWLEDGE AND AGREE THAT OTHER USERS OF PushBot HAVE THE RIGHT TO FREELY USE YOUR PUBLICLY SHARED CONTENT, WHETHER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES, BASED ON THE DEFAULT SETTINGS FOR FREE USERS OR THE VOLUNTARY DISCLOSURE OF PAID USERS, PROVIDED THAT THEY SHALL COMPLY WITH THE TERMS OF THIS AGREEMENT. AS DESCRIBED ABOVE, YOU GRANT PushBot A LICENSE TO ALLOW THIS.
5.Subject to the above license, to the extent permitted by applicable law, you own all Content you create with the Services, provided they were created in accordance with this Agreement. This excludes upscaling the images and videos of others, which images and videos remain owned by the original Content creators. PushBot makes no representations or warranties with respect to the current law that might apply to you. Please consult your own lawyer if you want more information about the state of current law in your jurisdiction.
6.If You purchased the Services and keep your Content private, the Platform retains the right to use those images solely for the purpose of providing the services to the user.
7.Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for the Platform or a third party. Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
8.Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
(II)Intellectual Property
The Platform reserves complete and undivided (including, without limitation) ownership, intellectual property and/or other legal interests to the following content and information:
1.PushBot products/services and all elements thereof, including, without limitation, all content, data, technology, software, code, user interface, trademarks, logos and other commercial marks and any derivative works in relation thereto;
2.Any information and feedback relevant to the PushBot products/services that the users provide to the PushBot products/services.
3.Without the consent of the Platform or otherwise expressly provided herein, the above materials shall not be directly or indirectly published, broadcast, adapted or reissued for the purpose of broadcasting or publishing in any media, or used for any other commercial purposes. The Platform will not be responsible in any form to the users or any third party for any delays, inaccuracies, errors and omissions arising out of or in connection with the above materials or transmission or delivery of all or part of the above materials or any damages arising therefrom or resulting therefrom.
4.All the rights to any software used by PushBot products/services to provide the network service (including, without limitation, any images, photographs, animations, video, recordings, music, texts and additional programs contained in the software and the assisting materials attached thereto) shall be the property of the copyright holder of the software. Without the permission from the copyright holder of the software, the users shall not reverse engineer, decompile or disassemble the software or otherwise discover the original encoding of the software, or take any action suspected of infringement of the software's copyright.
5.The contents published by users through PushBot products platform (collectively referred to as "Publications") are subject to review and approval, and will be disseminated and shared with the public upon publication.
6.You understand and agree that, your sharing, forwarding and copying of the information and content on the PushBot platform to any third party shall comply with the specifications and standards stipulated by the PushBot platform therefor, including, without limitation, that the presentation method shall be the original link to such information or content and the normal function attached to such information or content shall be ensured.
7.Any illegal obtaining act without the written consent of the Platform and the permission of the right holder is illegal infringement. You acknowledge and agree that, in order to timely and effectively protect your legitimate rights and interests based on the Service, you specifically authorize the Platform to take legal means to protect rights against a third party suspected of infringement in its own name or by entrusting a professional third party institution if you find that your legitimate rights and interests (including, without limitation, right to network dissemination of information, copyright, etc.) may be infringed upon and further jeopardize the interests of the Platform, the Platform is specifically authorized to take legal means to protect rights against a third party suspected of infringement, including, without limitation, monitoring of infringement, sending a letter of warning, administrative report, instituting a lawsuit, application for arbitration, transfer to investigation organs for handling, mediation, conciliation, etc.; and you only authorize your rights involved in the above matters. In the meantime, please note that your said authorization to the Platform does not mean that there is any benefit-sharing mechanism between the Platform and you, nor does it mean that the Platform has the right to assert your rights and interests, and the Platform also has the right to choose to refer to you for handling the matters only related to your rights and interests.
8.The intellectual property of the content contained in the Service is protected by law. Without the written consent of the Platform, Users or relevant right holders, no one may use or create relevant derivative works in any form.
VII 、 LIMITATION OF LIABILITY
(I)TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE Platform, ITS AFFILIATES, OR THEIR 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, 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.
(II)YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEBSITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(III)You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
(IV)NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR TEN DOLLARS ($10). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
VIII、 Complaints
(I)We respect intellectual property rights. If a right holder discovers that another person has infringed upon its legitimate rights and interests, the right holder may file a complaint to [email protected] with the email subject " Notice of Rights " describing the alleged infringement in details in accordance with the legal requirements below so that we may, upon receipt of the Notice of Rights, remove the alleged infringing content, or disconnect the link to the alleged infringing content, and have the right to terminate the account of the repeat infringer, depending on the circumstances.
(II)Notice of Rights concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
3.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
IX 、 Liability for Breach of Contract
(I)When a user accesses/uses the services of the Platform, you will be deemed to be in breach of contract in any of the following circumstances:1) violate laws and regulations;2) infringe the legitimate rights and interests of any third party;3) violate any service terms and rules for users of the Platform including this Agreement and any supplementary agreement.
(II)Where the information you publish on the PushBot platform constitutes breach of contract or infringement, PushBot may immediately delete or block the relevant information in accordance with relevant rules.
(III)If PushBot and/or its affiliates or third-party payment companies suffer losses, you shall indemnify PushBot and/or its affiliates or third-party payment companies for such losses.
X、Privacy Policy
Our Privacy Policy explains how we collect and use personal information.
XI、Governing Law and DISPUTE RESOLUTION
These Terms and your access to and use of the Services shall be governed by and construed in accordance with the laws of the location of this Platform without giving effect to any choice or conflict of law provisions.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE Platform AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
XII 、Contact
If you have any question in the use of the Platform or have any comment or suggestion on any matter related hereto, please send to [email protected]..