1. Introduction
Online Entertainment Limited is a company incorporated under the laws of Gibraltar (the "Company") which owns and operates Guru-Tools.com, a website which offers free tools and services for webmaster (the "Site"). Your use of the Site in any way whatsoever shall be subject to the terms and conditions contained in these Terms of Use (the "Terms") and attests to your agreement to be bound by these Terms.
2. Agreement
You hereby unreservedly accept and agree to abide and be bound by these Terms in their entirety. We reserve the right to change the provisions herein from time to time and you hereby acknowledge that on each visit to the Site you shall be obligated to review these Terms to ensure your continued agreement with the provisions herein. Your continued use of the Site, and the tools and services found herein shall be deemed to attest to your agreement to any modification of these Terms.
3. The Site
The Company reserves the right, at its sole discretion and without prior notice to you, to terminate the Site at any time or to amend, modify, update and change the Site and any tools and services available on the Site from time to time; you shall have no claims whatsoever against the Company in relation to any such action, if taken.
4. The Obligations of the User
You confirm and agree that, as a stipulation of using the Site, the tools and the services, you are obligated to include the sponsor link advertisement without adjustment and that as long as one of our tools or services is utilized by your website, you shall preserve the advertisement to our sponsor's website. You are aware that, if our status checker is unable to detect the sponsor link advertisement on your website your service may be halted or cancelled and/or your counter image substituted by a rebuke, error message, advertisement, or another such message. -
In the event that you use a tool or service without preserving the aforementioned advertisement, the Company shall, at its sole discretion, have the right to halt operation of the Site, tools and/or services, at any time, and destroy any data without warning. In addition, the Company retains the right to claim damages in respect of the violation of these Terms.
You assume. total accountability and risk for your use of the Site, tools and services and bear sole responsibility for the cost of any necessary servicing, restoration or alteration as may arise from same.
4. No Warranty
The Site, tools, services and any related information offered therein are provided to you "as is". The Company makes no guarantees, warranties, representations or endorsements, whether express or implied, in regard to the satisfactory quality, fitness for purpose, completeness, accuracy entirety, usefulness, or performance of the Site, tools, services, data, or information and/or links provided therein The Company makes no warranty that use of the Site, tools or services will be uninterrupted, timely, continuous, accurate, secure or error-free and shall not be held accountable for any inaccuracy or oversights in data or information processed through the Site or any end results received from use of the same. The Company does not warrant that imperfections will be corrected, or that either the Site or the server that provides the Site's tools or services is free of viruses, bugs or other damaging components..
5. Limitation of Liability
You agree that you are free to choose whether to use the Site, tools and services and do so at your own discretion and risk.
You, as a user or visitor to the website, tools and/or services, agree to protect, assure and hold blameless the Company its affiliates, content suppliers (or any party involved in creating, designing, constructing, producing or delivering the Site or services, or any site linked to the Site), and related entities and their respective directors, officers, employees, and representatives from and against all claims, losses, damages (including, without limitation, damage for loss of business or business information, loss of profits, business interruption, or any other pecuniary or consequential loss, be it actual, punitive, or consequential), costs, fees, and expenses (including, but not limited to, attorneys' fees) for which the Company may be held responsible or liable in contract, tort, negligence, or otherwise, even in the event that you have advised the Company of the possibility of any claims or damages.
The aforementioned shall apply to any claims, losses or damages: (i) resulting from your use of the Site, tools and/or services; or (ii) directly or indirectly based on or resulting from any data, materials, services, tools or information on the Site which has been provided, utilized or relied upon by either you or any third party ; or (iii) connected with your use of any link contained on the Site; or (iv) appearing from any decision or action or non-action made by you or any other entity dependent upon the information or data provided by or through the Site.
6. Rights of the Company
The Company maintains the right to terminate your use of the website, tools and/or services if the Company concludes, in its sole discretion, that: (i) you have broken or otherwise violated any of these Terms; or (ii) have engaged in conduct which the Company determines, in its sole discretion, to be objectionable or intolerable; or (iii) the Company decides to discontinue the Site; or (iv) for any other reason the Company sees fit.
7. General
(i) These Terms constitute the entire agreement between you and the Company in respect to the subject matter hereto and replaces all prior or simultaneously written or oral agreements between the parties in respect to the subject matter hereof.
(ii) You confirm that, in accepting these Terms, you have not relied on any representation save insofar as the same is expressly contained in these Terms.
(iii) If any stipulation or provision of these Terms is determined to be untrue, illegal, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and the remaining provisions will continue to be valid and will be performed, interpreted, and enforced to the fullest degree allowed by law, and the untrue, illegal, or unenforceable stipulation or provision will be altered and limited according to the original intent of the parties, as determined from these Terms, and shall be construed in a manner consistent with applicable law to the degree necessary to permit the utmost enforceability and/or validation of the term or provision.
(iii) No waiver by us of any of these Terms shall be construed as a waiver of any preceding or succeeding breach of these Terms.
(iv) Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or other benefits on third parties.
(v) The relationship between you and us is one of independent contractors. Nothing in these Terms shall be deemed to constitute a partnership between you and us, or create a relationship between you and us of principal and agent for any purpose.
(vi) We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
(vii) In these Terms and unless otherwise stated, "we", "us" or "our" refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
8. Governing Law
These Terms and any matters relating hereto shall be governed by, and construed in accordance with the laws of Gibraltar. Each party irrevocably agrees that the relevant courts of Gibraltar shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. |