Terms and Conditions
Terms of Use of PS3G Site and Applications
Privacy Policy of PS3G Inc.
PLEASE READ THESE TERMS OF USE (AGREEMENT) CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS, OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, AND YOUR INDEMNITY TO US. THESE TERMS ALSO REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE THE DISPUTES.
PS3G Inc. and its affiliates Welcome you for using this service. These Terms of Use are a legally binding agreement between you and PS3G and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Site” or “Service”).
Certain aspects of the Service may be subject to additional terms and conditions. When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms (including payment or subscription) would apply to your use of the Service. You also agree and give consent to our collection and use of your information as described in our Privacy Policy. If you do not wish to be bound by these Terms of use or Additional Terms, please do not access or use the Service.
By using the site, you accept and agree to be bound and abide by these terms of use and our Privacy Policy. We may update the content on this site from time to time, but its content may not always be complete or up-to-date and we are under no obligation to update such material. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. We may notify you of modified terms or policies by posting them on the Service and you agree that your continued use of the Service after such notice of any change will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use including the changes.
2. Access Rights PS3G hereby grants to you a limited, non-exclusive, non-transferable right to access the Application (Service or Site) solely for your personal, non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion and for any reason, to deny or suspend anyone’s use of the Application and Service. You agree that you will not, and will not attempt to: (a) use the Site and Application to violate any local, state, national or international law of any kind, criminal or civil; (b) reverse engineer, disassemble, decompile, or translate any software or other components of the Site and Application; (c) distribute viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or other harmful software or computer code through the application, (d) communicate any harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit or pornographic, or otherwise objectionable material of any sort, or (e) otherwise use the Site or Service in any manner that exceeds the scope of use granted above. 3. User Account
When you register on the Site or Service, you may be required to create an Account by entering your name, password or certain other information. If you open an Account or access the Service on behalf of an organization, or other entity (a “Business User”), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of this Agreement. You further agree that the details provided by you in connection with creation of the Account are about yourself or the Business User you represent and that such details provided by you are correct, complete and updated. You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your Account or the right to use your Account to anyone. You agree that PS3G will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. You also agree that any information you provide is offered at your own risk, and that PS3G cannot guarantee its protection from unauthorized access. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our contact page. PS3G may require you to change your Account username and password. You further agree that PS3G has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content. You also agree that PS3G may report your conduct and activity to the law enforcement authorities and take appropriate legal action against you. By accepting these terms, you waive any claims resulting, directly or indirectly, from any action taken by PS3G as a result of these investigations. 4. Communication Device
PS3G may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are solely responsible for all charges from your service provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from PS3G. PS3G does not guarantee that the Apps will be compatible with your device. PS3G may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time. If you download or use any software, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, and are not listed on any U.S. Government list of prohibited or restricted parties. The additional terms in this Section apply only to your use of Apps downloaded through Apple Inc.’s (“Apple”) iTunes App Store (“iTunes Apps”). You agree that this Agreement is solely between you and PS3G, not Apple, and that Apple is not responsible for iTunes Apps or their content. Apple has no obligation whatsoever to furnish any maintenance or support services in connection with iTunes Apps. You will not involve Apple in any claims relating to your use of iTunes Apps, or in any third-party claims alleging infringement of intellectual property rights by the iTunes Apps. You agree to comply with all third-party agreements in connection with your use of iTunes Apps. 5. Ownership of content
During the course of using the application the Service or Site may require you to submit certain information such as text, images, videos etc. either directly or through a Third Party Service, “User Content”. Your User Content remains your own but please be aware, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant PS3G a royalty-free, perpetual, irrevocable, unrestricted, worldwide license to use the User Content, modify and make derivative works of the User Content, without further notice or permission from, you or any other person, and without any compensation. Please note that PS3G is neither under any obligation to store or return any User Content nor to monitor the Content or use of the Service. However, PS3G has the right to monitor, moderate or remove the User Content from the Service in its sole discretion and without any liability whatsoever. Please be aware that your user content should not violate any applicable laws and regulations including the third party privacy rights. It may also be noted that PS3G has the absolute right to manage, control, modify or remove the virtual items in our sole discretion and have no liability to you or anyone else for the exercise of such rights.
PS3G is not responsible for the accuracy, reliability, legality or security of the Third Party Services. Your dealings with Third Party Services are entirely between you and the concerned Third Party Services. To know more about the terms and conditions of the Third Party Services you may consult their privacy policies. 6. Ethics and Integrity
You hereby undertake that you will not use the Site or Service to upload, post, or otherwise distribute any User Content that is illegal as it may be linked to some other third party sites. Further it should not contain any obscene, racist or offensive material or harmful to the children. You will not use the service for any commercial purposes. While using the service you also agree not to interfere with its operation or sending any malicious communications. 7. Informed consent and feedback
When you choose to access and use the Site or Service you agree that you are doing it on your own initiative and at your own risk. You are responsible for complying with local laws and regulations. It may also be noted that PS3G does not accept unsolicited submissions of any suggestions, idea or concept. Inspite of that if you send it then you agree that your unsolicited submission will not create any fiduciary relationship between you and PS3G and we are under no obligation to keep it confidential or to compensate you for our use of it. 8. Fees and purchase terms
The use of some services requires payments. If you use that Service, you agree to the applicable pricing and payment terms as displayed. PS3G may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect. All payment transactions are administered by a third-party payment processor or third-party store (for example, Google Play). PS3G expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. PS3G is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, complete and updated. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment mode. We reserve the right to refuse or cancel transactions, including price change or other typographical errors. All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms.
9. Intellectual Property Rights
You must not produce, distribute, modify, publicly display, republish, download, store, or transmit any of the material while using our service and site without our prior consent. However, you may print or download one copy for your personal/non-commercial use or for exploring relationship with the company and not further production, publication or distribution. If you believe that any material on the Service infringes your copyright rights, you may bring it to our notice with all details and justification for redressal of your grievance.
10. Warranty Disclaimer
The contents of the Site or Service are provided on ‘as is, where is’ basis. Although we aim to provide accurate information and contents yet we make no claim, endorsement or warranty, directly or implied that such contents are suitable for any particular purpose operated by a third party. We may establish links between our website and other websites operated by third parties. We have no control over the services offered by these third parties. Accordingly, we encourage users to read the privacy statements of each and every Site that collects your information. We do not guarantee or warrant that files available for downloading from the website will be free from viruses. It is your responsibility to adopt measures to counter such viruses. PS3G will not be responsible for any damage to the device or loss of data by use of the Application. We disclaim all warranties of any kind whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, accuracy or fitness for any specific purpose. 11. Limitation of Liability
PS3G AND ITS AFFILIATES OR THEIR SERVICE PROVIDERS, EMPLOYEES, OFFICERS OR DIRECTOR’S DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICE AND THE APPLICATION. SOME JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PS3G’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO PS3G IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR A MAXIMUM OF FIFTY DOLLARS ($50) WHICHEVER IS LESS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PS3G HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Indemnification
You agree to indemnify and hold harmless PS3G and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfil any obligations incurred through the use of your Account by you or a third party; or (v) your wilful misconduct.
13. Waiver No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 14. Force Majeure
PS3G will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control. 15. Governing law and jurisdiction
In case a dispute arises between you and us, you agree to send us a complaint via email so that the parties may make an attempt to resolve the dispute within 50 days from the date of receipt of your complaint.
All matters relating to this Site or Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this application and website shall be instituted exclusively in the state or federal courts located in the City of Wilmington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any dispute or claim relating to it will be preferred through arbitration rather than in the court. 16. Contact Us
You may contact us at the address mentioned below for any specific request or any enquiry.
PS3G Inc.
913 N Market St. Ste 200
Wilmington, DE 19801
Office : 302-298-0270
Fax : 302-298-0271
Email : info@PS3G.com
PS3G Inc. and its affiliates Welcome you for using this service. These Terms of Use are a legally binding agreement between you and PS3G and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Site” or “Service”).
Certain aspects of the Service may be subject to additional terms and conditions. When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms (including payment or subscription) would apply to your use of the Service. You also agree and give consent to our collection and use of your information as described in our Privacy Policy. If you do not wish to be bound by these Terms of use or Additional Terms, please do not access or use the Service.
By using the site, you accept and agree to be bound and abide by these terms of use and our Privacy Policy. We may update the content on this site from time to time, but its content may not always be complete or up-to-date and we are under no obligation to update such material. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. We may notify you of modified terms or policies by posting them on the Service and you agree that your continued use of the Service after such notice of any change will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use including the changes.
2. Access Rights PS3G hereby grants to you a limited, non-exclusive, non-transferable right to access the Application (Service or Site) solely for your personal, non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion and for any reason, to deny or suspend anyone’s use of the Application and Service. You agree that you will not, and will not attempt to: (a) use the Site and Application to violate any local, state, national or international law of any kind, criminal or civil; (b) reverse engineer, disassemble, decompile, or translate any software or other components of the Site and Application; (c) distribute viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or other harmful software or computer code through the application, (d) communicate any harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit or pornographic, or otherwise objectionable material of any sort, or (e) otherwise use the Site or Service in any manner that exceeds the scope of use granted above. 3. User Account
When you register on the Site or Service, you may be required to create an Account by entering your name, password or certain other information. If you open an Account or access the Service on behalf of an organization, or other entity (a “Business User”), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of this Agreement. You further agree that the details provided by you in connection with creation of the Account are about yourself or the Business User you represent and that such details provided by you are correct, complete and updated. You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your Account or the right to use your Account to anyone. You agree that PS3G will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. You also agree that any information you provide is offered at your own risk, and that PS3G cannot guarantee its protection from unauthorized access. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our contact page. PS3G may require you to change your Account username and password. You further agree that PS3G has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content. You also agree that PS3G may report your conduct and activity to the law enforcement authorities and take appropriate legal action against you. By accepting these terms, you waive any claims resulting, directly or indirectly, from any action taken by PS3G as a result of these investigations. 4. Communication Device
PS3G may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are solely responsible for all charges from your service provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from PS3G. PS3G does not guarantee that the Apps will be compatible with your device. PS3G may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time. If you download or use any software, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, and are not listed on any U.S. Government list of prohibited or restricted parties. The additional terms in this Section apply only to your use of Apps downloaded through Apple Inc.’s (“Apple”) iTunes App Store (“iTunes Apps”). You agree that this Agreement is solely between you and PS3G, not Apple, and that Apple is not responsible for iTunes Apps or their content. Apple has no obligation whatsoever to furnish any maintenance or support services in connection with iTunes Apps. You will not involve Apple in any claims relating to your use of iTunes Apps, or in any third-party claims alleging infringement of intellectual property rights by the iTunes Apps. You agree to comply with all third-party agreements in connection with your use of iTunes Apps. 5. Ownership of content
During the course of using the application the Service or Site may require you to submit certain information such as text, images, videos etc. either directly or through a Third Party Service, “User Content”. Your User Content remains your own but please be aware, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant PS3G a royalty-free, perpetual, irrevocable, unrestricted, worldwide license to use the User Content, modify and make derivative works of the User Content, without further notice or permission from, you or any other person, and without any compensation. Please note that PS3G is neither under any obligation to store or return any User Content nor to monitor the Content or use of the Service. However, PS3G has the right to monitor, moderate or remove the User Content from the Service in its sole discretion and without any liability whatsoever. Please be aware that your user content should not violate any applicable laws and regulations including the third party privacy rights. It may also be noted that PS3G has the absolute right to manage, control, modify or remove the virtual items in our sole discretion and have no liability to you or anyone else for the exercise of such rights.
PS3G is not responsible for the accuracy, reliability, legality or security of the Third Party Services. Your dealings with Third Party Services are entirely between you and the concerned Third Party Services. To know more about the terms and conditions of the Third Party Services you may consult their privacy policies. 6. Ethics and Integrity
You hereby undertake that you will not use the Site or Service to upload, post, or otherwise distribute any User Content that is illegal as it may be linked to some other third party sites. Further it should not contain any obscene, racist or offensive material or harmful to the children. You will not use the service for any commercial purposes. While using the service you also agree not to interfere with its operation or sending any malicious communications. 7. Informed consent and feedback
When you choose to access and use the Site or Service you agree that you are doing it on your own initiative and at your own risk. You are responsible for complying with local laws and regulations. It may also be noted that PS3G does not accept unsolicited submissions of any suggestions, idea or concept. Inspite of that if you send it then you agree that your unsolicited submission will not create any fiduciary relationship between you and PS3G and we are under no obligation to keep it confidential or to compensate you for our use of it. 8. Fees and purchase terms
The use of some services requires payments. If you use that Service, you agree to the applicable pricing and payment terms as displayed. PS3G may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect. All payment transactions are administered by a third-party payment processor or third-party store (for example, Google Play). PS3G expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. PS3G is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, complete and updated. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment mode. We reserve the right to refuse or cancel transactions, including price change or other typographical errors. All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms.
9. Intellectual Property Rights
You must not produce, distribute, modify, publicly display, republish, download, store, or transmit any of the material while using our service and site without our prior consent. However, you may print or download one copy for your personal/non-commercial use or for exploring relationship with the company and not further production, publication or distribution. If you believe that any material on the Service infringes your copyright rights, you may bring it to our notice with all details and justification for redressal of your grievance.
10. Warranty Disclaimer
The contents of the Site or Service are provided on ‘as is, where is’ basis. Although we aim to provide accurate information and contents yet we make no claim, endorsement or warranty, directly or implied that such contents are suitable for any particular purpose operated by a third party. We may establish links between our website and other websites operated by third parties. We have no control over the services offered by these third parties. Accordingly, we encourage users to read the privacy statements of each and every Site that collects your information. We do not guarantee or warrant that files available for downloading from the website will be free from viruses. It is your responsibility to adopt measures to counter such viruses. PS3G will not be responsible for any damage to the device or loss of data by use of the Application. We disclaim all warranties of any kind whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, accuracy or fitness for any specific purpose. 11. Limitation of Liability
PS3G AND ITS AFFILIATES OR THEIR SERVICE PROVIDERS, EMPLOYEES, OFFICERS OR DIRECTOR’S DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICE AND THE APPLICATION. SOME JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PS3G’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO PS3G IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR A MAXIMUM OF FIFTY DOLLARS ($50) WHICHEVER IS LESS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PS3G HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Indemnification
You agree to indemnify and hold harmless PS3G and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfil any obligations incurred through the use of your Account by you or a third party; or (v) your wilful misconduct.
13. Waiver No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 14. Force Majeure
PS3G will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control. 15. Governing law and jurisdiction
In case a dispute arises between you and us, you agree to send us a complaint via email so that the parties may make an attempt to resolve the dispute within 50 days from the date of receipt of your complaint.
All matters relating to this Site or Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this application and website shall be instituted exclusively in the state or federal courts located in the City of Wilmington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any dispute or claim relating to it will be preferred through arbitration rather than in the court. 16. Contact Us
You may contact us at the address mentioned below for any specific request or any enquiry.
PS3G Inc.
913 N Market St. Ste 200
Wilmington, DE 19801
Office : 302-298-0270
Fax : 302-298-0271
Email : info@PS3G.com
