Acceptance of Terms
Information on this Website or App
The information contained on this platform, including but not limited to news items, articles and opinions, are given for general information and interest purposes only. At the same time we try and ensure all the information contained on the platform is accurate and up to date. We do not make any warranty or representation as to the accuracy of any such information and neither accepts any liability in connection with any information which is incorrect. You understand and agree that we cannot be held responsible for any inaccuracies in the information. You should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this platform.
AvatarGeneration reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to our platform or through the platform services or features by users, and is not responsible for any such materials posted by users. You understand and agree that we have no obligation to and shall not responsible for any failure to monitor, review and/or delete any materials posted to the platform or through the platform’s services or features by users. However, we reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our discretion, are objectionable or in violation of these Terms and Conditions, applicable law, our policies or for any reason whatsoever.
Use of User Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the platform, including the submission of articles, news, commentary and all other data, photographs, graphics, video, messages, ratings, forum postings, comments or other materials. You acknowledge that we shall not be liable for any User Content provided by its users. User Content is displayed for entertainment and informational purposes only and is not controlled by AvatarGeneration and we cannot guarantee the accuracy, integrity or quality of such User Content. You understand that by using the platform, you may be exposed to User Content that may be offensive, indecent or objectionable. Under no circumstances will AvatarGeneration be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the platform.
Third Party Web Sites
Disclaimers & Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. AvatarGeneration EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE PLATFORM ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM WILL BE SECURE; THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE PLATFORM WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Under no circumstances, including, but not limited to, negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, materials from our platform. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user.
Copyright and License
AvatarGeneration reserves all copyrighted and copyrightable materials on the platform, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Changes to This User Agreement
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED VISIT IN OUR PLATFORM FOLLOWING OUR OSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. We reserve the right to change or modify any of the terms and conditions contained in this User Agreement, or any policy of the Platform, at any time and in its sole discretion. Any changes or modifications to this User Agreement or policy will be effective upon posting of the revisions. YOUR CONTINUED VISIT IN OUR WEBSITE FOLLOWING OUR OSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of AvatarGeneration. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non-Assignment of Rights
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the AvatarGeneration to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Severability of Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Ireland without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Ireland, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.