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TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.

The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of WebsFB ("WebsFB"), a subsidiary of Onsumaye Corp. It is an agreement between You as the user of the WebsFB and OnSumaye Corp ("OnSumaye").

The expressions "You" "Your" or "User(s)" refers to any person who accesses or uses the Web Site for any purpose. By subscribing to or using the Web Site in any manner for any purpose, you undertake and agree that You have fully read, understood and accepted the Agreement.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.websfb.com website. websfb.com services are offered to you conditioned on your acceptance of the terms, conditions, and notices contained in this electronic document. If you do not agree with these terms and conditions, or if you are under the age of 18, do not use www.websfb.com. If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use WebsFb in any manner.

OUR SERVICES

We provide online website builder services, which allows you to build a website within the parameters specific to your plan. Subject to the terms and conditions of this Agreement, we grant You a limited, revocable, non-exclusive, non-sublicensable license to use the Website Builder.

1. WEBSITE – MERELY A VENUE/PLATFORM
  1. You are using WebsFB merely as a venue/platform to acquire customers or to negotiate and interact with your customers/users or various third parties for entering into negotiations in respect thereof for sale or supply of goods or services. WebsFB or its affiliates are not parties to any negotiations that take place between you and the User(s) of WebsFBand are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between you and the User(s) of WebsFB.
  2. WebsFB or its affiliates does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on WebsFB or the ability of the Owner of the Website selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between WebsFB and any other party.
ELIGIBILITY

You represent and warrant that you have the right to avail or use the services provided by WebsFB. WebsFB Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in the United States or other countries are not authorised to avail or use WebsFB Services.

You agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. WebsFB shall have no liability to you or anyone else for any content, information or any other material transmitted over WebsFB Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with you. WebsFB at its sole discretion, reserves the right to refuse WebsFB Services to anyone at any time.

USER AGREEMENT

This Agreement applies to any person who accesses or uses WebsFB for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses WebsFB, under actual or apparent authority. User(s) may use WebsFB solely for their commercial/ business purposes.

You agree not to:

  1. Submit, or display any content that may be deemed as threatening, racist, abusive, offensive, or otherwise criminal of harmful conduct that violates the rights of WebsFB, or any third party. Content is also not to show any brand/entity/business in any sort of disparaging light, without their explicit approval.
  2. Use or encourage illegal action that undertakes the action of collecting data and passwords for third parties, other websites, services, etc.
  3. Partake in acts that include uploading, or otherwise make available financial data, including credit card information used for collecting payment, unless done with accordance of applicable laws.
  4. Display, or collect any obscene, or malicious content through any WebsFB service.
  5. Make use of, and/or publish any WebsFB service to a website, or network other than those provided by WebsFB, without the explicit approval of WebsFB.
  6. Participate in any activities that may access, acquire, copy, or monitor any data or content that is not purposely made available by WebsFB services.
  7. Act in a manner that may bring harm, or be perceived negatively towards the reputation and goodwill of WebsFB.
  8. Impersonate any person or entity, or provide false information on any WebsFB service.
  9. State false information regarding your affiliation with any entity or person, WebsFB included.
  10. Act in a way that violates the rights of privacy of other users, though the action of tracing a user, or harvesting the personal information of that user.
  11. Bypass, or disable any measures put into place used to prevent access into WebsFB service, or the account of another user, through any means.
  12. Scan, or test the vulnerability of any website or network provided by WebsFB services.
  13. Upload any potentially harmful, disruptive, or invasive code/component to WebsFB services.
  14. Take any actions that can potentially disrupt, or interfere with the infrastructure of WebsFB, or the networks connected to WebsFB.
  15. Use any of WebsFB services in connection with unethical marketing and/or advertising, through spam, fraud, etc.
  16. Violate, attempt to violate, or otherwise fail to comply with any of the WebsFB Terms or any laws or requirements applicable to your use of the WebsFB Services.

This Agreement applies to all services offered on WebsFB, with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on WebsFB. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on WebsFB, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement. 

AMENDMENT TO USER(S) AGREEMENT

WebsFB reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.

SERVICE FEES
1. Paid Services

The use of certain WebsFB Services may be subject to payment of particular fees, as determined by WebsFB in its sole discretion (“Paid Services” and “Fee(s)”, respectively). WebsFB will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

WebsFB reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, WebsFB shall have the right to automatically and without notice renew your subscription to such WebsFB Service(s) at the full applicable Fee.

All Fees shall be except to the extent permitted by law (and unless specified otherwise by WebsFB in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the WebsFB Services, or to any payments or purchases made by you. If WebsFB is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). WebsFB is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize WebsFB (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries WebsFB or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with WebsFB to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

2. Invoices

WebsFB and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by WebsFB (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

Invoices for our paid services will be available in your user account.

3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, WebsFB will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (1) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, WebsFB will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting WebsFB Help Center.

To make sure you don’t lose your domain or experience interruptions with your website at the end of your subscription period, we’ll automatically renew our service and bill you accordingly, in regular intervals as your initial subscription, unless you turn-off auto-renewal.

Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

4. Refund Policy

If you are not satisfied with WebsFB Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (30) days of having first ordered or activated such WebsFB Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of WebsFB services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the WebsFB Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of WebsFB Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If WebsFB receives such notice within such Refund Period, WebsFB will refund to you the amount WebsFB charged you for such WebsFB Services, in currency you were originally charged in, and cancel them accordingly.

Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. WebsFB will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any WebsFB Services actually received, as permitted by law.

Please note: Certain services purchased on or through the WebsFB Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the WebsFB Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. WebsFB will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

We are happy to offer a 30-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law.

Please carefully check the terms of each service before buying, since some services are non-refundable.

CANCELLATION
1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any WebsFB Services at any time, in accordance with the instructions available on the WebsFB Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the WebsFB Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

For more information about cancelling your Paid Services, please visit WebsFB Help Center.

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals.

2. Cancellation by WebsFB

Failure to comply with any of the WebsFB Terms and/or to pay any due Fee shall entitle WebsFB to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related WebsFB Services (e.g., Paid Services) or Third Party Services to you.

If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.

3. Loss of Data, Content and Capacity

If your User Account or any WebsFB Services or Third Party Services related to your User Account are cancelled (whether at your request or at WebsFB’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). WebsFB shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any WebsFB Services following their cancellation, as determined by WebsFB in its sole discretion.

OFFERS

Free Setup applies to only the Free Templates. Other Templates can be selected for a setup cost of $99.

INTELLECTUAL PROPERTY RIGHTS

You are the sole owner and the lawful licensee of all the rights to WebsFB and its content ("Website Content"). Website Content refers to the text, images, graphics, sound, video etc. of or made available on WebsFB. The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in WebsFB and its Website Content shall remain with you, your affiliates, or licensor of the Website content, as the case may be.

All rights, not otherwise claimed under this Agreement by WebsFb, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on WebsFB or any offer displayed on or in connection with any service offered on WebsFB ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. WebsFB does not represent, warrant, or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.

The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall WebsFB be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to it’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. WebsFB respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. WebsFB reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information. 

TRADEMARK

"WebsFB" and related icons and logos are registered trademarks or trademarks or service marks of OnSumaye in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use, or publication of these marks is strictly prohibited.

COPYRIGHT

User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

User(s) acknowledge and agree that WebsFB is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on WebsFB have the right to sell the merchandise or provide the services offered by such User(s). WebsFB encourages User(s) to assist in identifying listings on WebsFB which, in the User(s) knowledge or belief, infringe their rights. User(s) further acknowledge and agree that by taking down a listing, WebsFB does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which WebsFB declines to take down a listing, WebsFB does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

WebsFB respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce WebsFB Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through WebsFB ("WebsFB Content") for the purpose of reselling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with WebsFB, or otherwise commercially exploiting WebsFB Content unless otherwise agreed between the parties. Systematic retrieval of WebsFB Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from WebsFB is prohibited.

In addition, use of the WebsFB Content for any purpose not expressly permitted in this Agreement is prohibited and entitles WebsFB to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of WebsFB Services, they will not use WebsFBs Services to infringe the intellectual property rights of any third parties in any way. WebsFB reserves the right to terminate the right of any User(s) to access or use WebsFB Services for any infringement of the rights of third parties in conjunction with use of the WebsFB Service, or in the event WebsFB is of the belief that User(s) conduct is prejudicial to the interests of WebsFB, its affiliates, or other User(s), or for any other reason, at WebsFB sole discretion, with or without cause.

URL's/Sub-Domain

URL’s/ Sub-domain names assigned by WebsFB to User(s) (including both paid and free User(s)) are the exclusive property of WebsFB and it cannot be assumed to be permanent in any case. WebsFB reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, ONSUMAYE CORP, AND/OR WEBSFB WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

WebsFB may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). WebsFB advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites prior to using or accessing such Third-Party Websites. Users acknowledge and agree that WebsFB has no control over any content offered on Third Party Websites, does not monitor such Third-Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third-Party Sites, or any content, products or services made available thereof.

LINKS TO THIRD PARTY SITES

Links to third party sites are provided on WebsFB as a convenience to User(s). User(s) acknowledge and agree that WebsFB does not have any control over the content of such websites and/ or any information, resources or materials provided therein.

WebsFB may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). WebsFB advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites prior to using or accessing such Third-Party Websites. Users acknowledge and agree that WebsFB has no control over any content offered on Third Party Websites, does not monitor such Third-Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third-Party Sites, or any content, products or services made available thereof. 

POSTING YOUR CONTENT ON WEBSITE

Some content displayed on the WebsFB is provided or posted by third parties. User(s) can post their content on some of the sections/services of the WebsFB using the self-help submit and edit tools made at the respective sections of the WebsFB. User(s) may need to register and/or pay for using or availing some of these services. 

User(s) understand and agree that WebsFB in such case is not the author of the content and that neither WebsFB nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the WebsFB. User(s) further understand and agree WebsFB is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on WebsFB and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. WebsFB shall not be liable for a User(s) activities on WebsFB, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct. 

User(s) solely represent, warrant and agree to: 

  1. provide WebsFB with true, accurate, current and complete information to be displayed on the Web Site; 
  2. maintain and promptly amend all information provided on WebsFB to keep it true, accurate, current and complete.

User(s) hereby grant WebsFB an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on WebsFB, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on WebsFB (hereafter referred to as "Third Party Rights").

User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on WebsFB or provided to WebsFB or authorized by the User(s) for display on WebsFB, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on WebsFB, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

User(s) agree that they will not use WebsFB Content and/or WebsFB Services to send junk mail, chain letters or spamming. Further, registered User(s) of WebsFB agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree that any content, material or information submitted to WebsFB for display on WebsFB or transmitted or sought to be transmitted through WebsFB Services does not and shall at no point:  

WebsFB reserves the right in its sole discretion to remove any material/content/photos/offers displayed, and of which in WebsFB’s reasonable belief is unlawful or could subject WebsFB to liability or in violation of the Agreement or is otherwise found inappropriate in WebsFB’s opinion. WebsFB reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. 

LIMITATION OF LIABILITY/DISCLAIMER

The features and services on WebsFB are provided on an " as is " and " as available " basis, and WebsFB hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. WebsFB makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through WebsFB. WebsFB does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on WebsFB does not violate any Third-Party Rights; and WebsFB makes no representations or warranties of any kind concerning any product or service offered or displayed on WebsFB. Any material downloaded or otherwise obtained through WebsFB services is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from WebsFB networks shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall WebsFB be held liable for any delay or failure or disruption of the content or services delivered through WebsFB resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save WebsFB, its affiliates, directors, officers and employees from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of WebsFB (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save WebsFB, its affiliates, directors, officers and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to WebsFB. 

User(s) hereby further agree to indemnify and save WebsFB, its affiliates, directors, officers and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on WebsFB. User(s) hereby further agree that WebsFB is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). WebsFB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with WebsFB in asserting any available defences. 

WebsFB shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

NOTICES

All notices or demands to or upon WebsFB shall be effective if in writing and shall be deemed to be duly made when sent to WebsFB to WebsFB, ……………….

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on WebsFB, or by posting such notice or demand on an area of WebsFB that is publicly accessible without a charge.

Notice to a User(s) shall be deemed to be received by such User(s) if and when WebsFB is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon the posting of such notice on an area of WebsFB that is publicly accessible without charge.

GOVERNING LAW AND DISPUTE RESOLUTIONS

This Agreement and the Privacy Policy shall be governed in all respects by the laws of the United States. WebsFB considers itself and intends itself to be subject to the jurisdiction of the Courts of California, USA only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Sacramento, California, USA.

MISCELLANEOUS

The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and WebsFB with respect to the access and use of WebsFB, superseding any prior written or oral agreements in relation to the same subject matter herein.