London, UK
June 24, 2023
These Terms of Use set out below will govern Your use of this website which can be found at https://www.lipsmm.com/ (hereinafter referred to as the “Website”).
These Terms of Use (hereinafter referred to as the “Terms” or “Terms of Use”), including all accompanying documents, if any, constitute a legally binding agreement (public offer) between You and LIPSMM MARKETING AGENCY LTD (hereinafter referred to as the “Provider”, “We”, “Us”, “Our”), thus, please, read them carefully.
By accessing and using this web page and/or other web pages owned or operated by the Provider or accessing and using our Website, You are confirming that You have fully read, understood, and irrevocably accepted these Terms and You agree to comply with them. If You do not agree with these Terms in general or any part of them, You must not use the Website.
Certain terms and conditions of use appearing on specific web pages and/or segments of our Website may apply to such web pages and/or sections of our Website. Such particular terms and conditions of usage, if any, are an integral part of these Terms. If there are discrepancies between such particular terms and conditions of use and Terms, the particular terms and conditions of use will prevail over the Terms.
Please note, headings are provided for convenience only and have no effect on the interpretation of these Terms.
1.1. User represents and warrants that:
1.1.1. User meets all requirements which were stated in the term “You/User” in the “Definitions” Section;
1.1.2. User’s use of the Website will not contravene any applicable international, state, or local laws or regulations, including tax laws and regulations;
1.1.3. User’s use of the Website will violate neither these Terms nor any other applicable terms of use;
1.2. User acknowledges and accepts that:
1.2.1. the Terms and any accompanying documents and/or the Website may be changed, modified, corrected, or supplemented at any time without prior written notice, at the Provider’s sole discretion. Your further use of the Website after any amendments or changes to these Terms and/or any accompanying documents will constitute Your consent and acceptance of any such changes, modifications, amendments, applications, or additions. The date of the most recent changes and amendments is and shall be indicated at the top of these Terms;
1.2.2. any actions that may be intended to commit any crimes, felonies, misdemeanours, or other illegal activities using the Website are forbidden. The Provider is not responsible for such actions, undertaken by Users or any third parties;
1.2.3. the Provider reserves the right at any time, in its sole discretion, temporarily or permanently change, suspend, or block the Website at all or in the particular part, and/or disable any access to the Website for any reason whatsoever;
1.1.3. Users also agree that they are responsible for their own conduct while accessing or using the Website and for any consequences thereof. Users agree to use the Website only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, with regard to the Website Users may not and may not allow any third party to:
1.3.1. send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
1.3.2. distribute viruses, worms, defects, Trojan horses, corrupted files, or any other digital objects of a destructive or deceptive nature;
1.3.3. upload, post, transmit, or otherwise, make available through the Website any content that infringes any patent, trademark, copyright, trades secret, or other proprietary rights of any party, unless You are the owner of such rights or have the permission of the owner to post such content;
1.3.4. use the Website to violate the legal rights (such as rights of privacy and publicity) of others;
1.3.5. modify, adapt, or reverse engineer any portion of the Website;
1.3.6. remove any copyright, trademark, or other proprietary rights notices contained in or on the Website or any content posted thereon;
1.3.7. use any robot, spider, or other device or software to collect information about Users for any unauthorized purposes;
1.3.8. use the Website in any other illegal or harmful way.
2.1. The Website is intended to display advertisement content and collect the Users’ information, as described in this Terms and the Provider’s Privacy Policy.
2.2. Any information, media, content, advertisement, or other data present on and/or displayed by the Website shall not be deemed, under any circumstances and to the maximum extent permitted by the Applicable Legislation, as a proposition to provide any specific services or sell any specific goods by the Provider and/or as a promise and/or obligation for Provider to act in any other specific way.
2.3. Any information that is presented on the Website shall be deemed as such, that is only presented for informational purposes, including without limitation any information describing the properties of the Provider or any works/services rendered by the Provider (if any).
2.4. The Website may contain components (elements) of the third-party services, such as, without limitation, “share buttons”, web analytics services, and cybersecurity services, the usage of which is governed by their respective terms of use or similar documents. By using the Website You acknowledge and accept that the Provider is not responsible in any way for such third-party services and that Your use thereof is governed by documents other than this Terms.
2.5. The User may not use the Website in any way, that constitutes commercial use, without prior written permission of the Provider.
3.1. The Website constitutes itself and contains the results of the intellectual work (intellectual property). By using the Website, the User acknowledges and agrees that all content and structure of the Website are protected by copyright and other intellectual property rights and that the said rights are valid and protected in all forms, on all carriers, and in relation to all technologies, such as currently existing and developed or created later. No rights to any content of the Website are transferred to the User as a result of the use of the Website, except for the non-exclusive licensing right to use the Website in compliance with Terms and conditions set forth by the Provider and for the period of Website usage.
3.2. The User may not copy, reproduce, reverse-engineer, or use the Website, its components or elements, and/or the content, displayed on the Website in any other way, apart from that, consistent with the purpose, set out in §2.1, without prior written permission of the Provider.
3.3. All and any content, displayed on the Website, shall be deemed as intellectual property of the Provider, if not stated otherwise on the Website.
3.4. Any use of the Website, its components or elements, and/or the content, displayed on the Website that is inconsistent with this Section 3 constitutes a breach of this Terms, and Provider may seek any remedy under contract and/or law as it seems fit for such breach.
4.1. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, the Provider shall not be liable to You, regardless of the basis upon which the liability is claimed, for any damage or loss, including loss of business, income or profits, loss or damage of data, hardware or software (direct, indirect, actual, consequential, incidental, special, exemplary or otherwise) resulting from:
4.1.1. the use, inability to use, or access to the Website or its absence, as well as to the information, software, facilities, services, or content of the Website;
4.1.2. any illegal or unauthorized use of the Website;
4.1.3. if the Website is not suitable for the purpose you want to achieve, or inability to perform services related to the Website;
4.1.4. if the Website is infected with any malicious code or viruses.
4.2. You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of residence concerning your use of the Website.
4.3. The Provider does not guarantee that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that such defects will be corrected, or that the Website or the server that provides access is free of viruses or other malicious components. Your use of the Website and any information contained or associated with the Website is carried out at your own risk.
4.4. If the Applicable Law or the law of Your country of residence does not permit the application of all or any part of the above limitation of liability or the exclusion of guarantees or disclaimer of implied terms in contracts that apply to You, the limitations, exclusions, and disclaimers will apply to You only to the extent permitted by the Applicable Law.
4.5. For a number of reasons outside of the Provider’s competence, including but not limited to, changes in regulatory or intellectual property law, technological advances, social or economic reasons, etc., possible malfunctions of the Website, the Website may not function properly or work with significant failures, for which the Provider shall not be liable in any way.
4.6. The Website is currently under development and may undergo significant changes. Any expectations regarding the form and functionality of the Website that You have may not be satisfied for a number of reasons including changes in the development plans, implementation, or operation of the Website.
4.7. Despite the Provider’s diligent efforts to exclude any viruses from the Website and secure the network and technologies interacting with the Website, it is possible that one or more third parties can or will introduce malicious code or other viruses into the open-source software and code that underlies the Website and/or create, undercover or exploit weaknesses in the security of the cloud-based services used by the Provider. Such events may affect the further development, implementation, or operation of the Website.
4.8. There are risks associated with using the Website, including, but not limited to, the failure of hardware, software, and Internet connections. The Provider is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or the electronic communication itself, nor for any disruption, distortion, or delay in its delivery or receipt, despite what it is caused by.
4.9. The Provider has implemented appropriate security measures to ensure the safety and integrity of the Website. However, despite this, you acknowledge that third parties may illegally monitor information transmitted over the Internet.
5.1. By accepting these Terms, you expressly allow the Provider to process your personal data. The Provider takes all necessary and sufficient organizational and technical measures to protect the Users’ personal data. For more information, read our Privacy Policy on the Website.
