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TERMS OF USE AND END USER LICENSE AGREEMENT

LEGAL NOTICE: BADONGO.COM (THE “WEBSITE”) IS A MEDIA HOSTING SERVICE OWNED AND OPERATED BY MUGSHOT PRODUCTIONS LTD., A MAASTRICHT CORPORATION (THE "COMPANY").

COMPANY HAS CREATED A PROPRIETARY SOFTWARE PROGRAM CALLED THE BADONGO FILE MANAGER (THE “SOFTWARE) THAT IS AVAILABLE FOR DOWNLOAD THROUGH THE WEBSITE.

UPON CONDITION THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS TERMS USE AND END USER LICENSE AGREEMENT, WHICH INCLUDES COMPANY’S PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”), AS WELL AS ALL OTHER POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THIS AGREEMENT, COMPANY GRANTS YOU PERMISSION TO DOWNLOAD AND USE THE SOFTWARE SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE.

IF YOU DO NOT AGREE UNCONDITIONALLY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE SOFTWARE. BY YOUR AFFIRMATIVE ACT OF DOWNLOADING AND/OR USING THE SOFTWARE YOU ARE ACKNOWLEDGING AND AFFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

1. PARTIES TO THIS AGREEMENT The parties to this Agreement are You, the User, and Company. As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to Company and the Website; the term "You" and "Your" is used to refer to You, the User.

1.1 Subject to Your acceptance of the Terms and Conditions set forth in this Agreement, Company grants You the limited right to download and use the Software consistent with this Agreement.

1.2 The extent of Your rights to use the Software are determined and limited strictly by this Agreement.

1.3 You agree that this Agreement is subject to change by Company at any time and changes shall become effective upon notice to Users by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of the terms and conditions of this Agreement, and any such attempted alteration shall be void and of no effect.

1.4 You agree that any action on Your part to Bookmark to a page on this Website whereby the terms and conditions of Use page and this Agreement is bypassed shall constitute an implicit acceptance by You of all the terms and conditions of this Agreement as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.

1.5 Notice Of Age Restriction. Anyone eighteen (18) years of age, or older, is permitted to download and use the Software, however Company specifically denies permission to anyone under the age of 18 to use the Software or to access any part of the Website beyond the Home Page of the Website. Any download and use of the Software, or access of the content of the Website beyond the Home Page of Bandongo.com by any person under the age of 18 shall be deemed unauthorized, unlawful and a trespass, and Company reserves the right to pursue all available legal remedies for such trespass.

2. DESCRIPTION OF THE SOFTWARE AND SERVICE The Software, upon installation, creates a file utility program, resident on Your computer, that permits You to easily upload transfer and store photographs, images, graphics, videos, text and other User originated content onto the Website so that other Users of the Website can view and download said content (collectively, the “Service”).

3. GRANT OF LIMITED LICENSE BY COMPANY Company’s Software is protected by the copyright laws of the United States and all applicable international copyright treaties. Company hereby grants to You a personal, non-exclusive, non-transferable and royalty-free license to download and use the Software subject to Your compliance with the terms and conditions set forth in this Agreement. Any reproduction or redistribution of the Software not in accordance with this Agreement is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

3.1 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THIS AGREEMENT OR BY THE PRIOR WRITTEN PERMISSION OF COMPANY.

3.2 Privacy Policy. The grant of the limited license herein is further conditioned upon Your unconditional acceptance of the terms of the Company’s Privacy Policy which is set forth at http://www.badongo.com/index.php?page=privacy and which is incorporated herein in its entirety by reference. By Your downloading and use of the Software You are acknowledging that You understand the Company’s Privacy Policy and that You agree to all its terms and conditions.

4. SCOPE OF LMITED LICENSE You may use the Software on any computer under Your full control, provided however that any copy of the Software must contain all of the original Software`s proprietary notices and shall at all times be subject to the terms of this Agreement.

4.1 You may not use the Service and/or the Software to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach the rights of any third party (iii) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any User Originated Content or other information offered on the Website or made available through the use of the Software or the Service.

4.2 Without limiting the foregoing section, You acknowledge that the Software, Website and Service may contain features enabling Users to transmit various types of communications and Content to other Users; and further acknowledge and agree that You shall not use the Software, Website or Service to engage in spamming, junk mail, any form of harassing activities, impostor activities or activities which are intended or may result in invasion of privacy or damages to other users or any third party.

5. CHANGE OF LICENSE TERMS Company reserves the right, in the exercise of its sole and absolute discretion, at any time and for whatever reason, to change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the use of the Software, at any time in its sole and absolute discretion. Notice of material changes to this Agreement will be posted on Company`s Website. You are responsible for reviewing the notice and any applicable changes. You agree that Your continued use of the Software following any changes to this Agreement and after the changes take effect will constitute Your acceptance of such changes. If You do not agree to be bound by future changes to this Agreement, do not continue to use the Software after the effective date of such changes and immediately uninstall and destroy all Company Software.

6. USER’S GRANT OF RIGHTS TO COMPANY

6.1 You acknowledge that You understand that when the Software is installed on Your computer, it periodically communicates with a server operated by Company and/or third party servers without notice to You; You hereby grant Company the right to direct and establish communication between Your computer and a server operated by Company and/or third party servers without notice to You.

6.2 You hereby grant Company permission to make changes to the Software and/or Service, including after installation of the Software on Your computer, to add/remove features and/or functions to the existing Service and/or Software resident on Your computer, or to install new applications or third party software to the Service and/or to the Software resident on Your computer, at any time, in Company’s sole and absolute discretion, with or without Your prior knowledge, interaction or notice.


6.3 You hereby grant Company permission to collect and store information of Your Internet usage habit, including but not limited to information about every web page You view with the full Uniform Resource Locators, and the content of web page. You understand and accept that Uniform Resource Locators and the content of web pages You view may include Your personally identifiable information. Company may at times ask you for Your personally identifiable information, such as name, address, email address, zip code, telephone number. You hereby grant Company permission to distribute all information as set forth in Company’s Privacy Policy, as well as Your non-personally identifiable information, to our partners, agents, and/or any third party in Company’s sole and absolute discretion without further notice to You.

6.4 You acknowledge that You understand that third party software may be installed in the Software and hereby agree that Company shall not be liable to anyone, including You, with respect to any damages resulting from such third party software.


7. PROTECTION OF COMPANY’S PROPRIETARY INTELLECTUAL PROPERTY RIGHTS Complete title, ownership rights, intellectual property rights and all other proprietary rights in and to the Software, including Trademark, Trade name and Copyright, shall remain at all times exclusively in Company and/or its licensors and suppliers and nothing in this Agreement shall be deemed as a grant of any such rights to You.

7.1 Unless You are given prior express written authorization by Company, You may not do any of the following: (a) modify, translate, reverse engineer, decompile or disassemble the Software; (b) create derivative works based on the Software; (c) reproduce, copy, edit, publish, transmit or upload the Software; (d) export, sell, license, rent, lease or otherwise transfer rights to the Software; (d) remove any proprietary notices or labels on or pertaining to the Software; or (e) use the Software in any way that is inconsistent with the provisions and limitations of this Agreement

8. YOUR ACKNOWLEDGMENTS RELATING TO INFORMATION AND CONTENT You expressly acknowledge and agree that:

8.1 Any Content You will be exposed to, or receive, or use with the Software, Website and/or the Service, including, but not limited to, images, text, graphics, pictures, background, links, WWW sites, advertisements, products, goods or services, is not reviewed, controlled, examined, verified or endorsed by Company in any way (even if Company receives remuneration for such Content) and is the sole responsibility of the third party who originated such Content. Access to such third party Content is at Your own discretion and entirely at You own risk. You further agree that You will have no claim against Company and/or its licensors of any nature whatsoever arising out of, or relating to such third party Content.

8.2 You will be entirely responsible for all Content that You download, upload, send or otherwise access via the Service, Website or through the use of the Software. You agree that will be entirely responsible for securing adequate legal rights to store, link to, browse in, transfer, publish or otherwise make use of such Content and for ensuring that such information complies with all applicable laws, including but not limited to, any and all proprietary rights of third parties, rules of copyright, secrecy, defamation, decency, privacy, security and export laws. You further acknowledge that You understand that Company does not make any guarantee or endorsement as to the accuracy, legality, integrity or quality of any User Originated Content, and You hereby agree that Company will not be liable for any damages related to any User Originated Content available through use of the Software, Website and/or the Service.

8.3 You may receive (and hereby acknowledge that You desire and agree to so receive) various products/services, marketing ads, and campaigns of third parties through the appearance of links, menus, pop-ups, and other methods on and/or in connection with the use of the Software, Website and Service (all of the foregoing "Third Party Promotions"). Participation in, and receipt of, such Third Party Promotions including but not limited to placing orders and/or making purchases, payments and/or requesting and/or receiving delivery of any related goods or services, and any other terms, conditions, warranties or representations associated with such Third Party Promotions and dealings are solely between You and the specific advertiser or merchant. You further agree that Company will not be liable in any way for any loss or damage of any sort incurred as the result of the display, provision, presence or receipt of any such Third Party Promotions or any of Your dealings or communications related thereto, whether by, through, via, or on the Software, Website, Service or otherwise.

9. NO MONITORING OR SUPERVISION PROVIDED BY COMPANY OR WEBSITE Company and Website shall not monitor, supervise, edit, review or be responsible for User Content of any nature that any User, including You, may submit, transfer or upload to Website or Service through the use of the Software, or otherwise, including without limitation any photographic or graphic content, audio content, recorded video or film content or live video content. You acknowledge and agree that You assume the entire responsibility and liability for the decision to submit, transfer, upload, display or include User Originated Content on the Website or Service, or to distribute or make the User Originated Content available to the Users of the Website or Service in various geographical areas, and for all decisions of any kind relating to the creation, display and dissemination of the User Originated Content.

9.1 You acknowledge and agree that Company’s Website and Service is an Internet Service Provider (“ISP”) and as such acts merely as a passive conduit for the online distribution and publication of User Originated Content; You further acknowledge and agree that Company assumes no obligation to screen or monitor any communication, information or other Content posted or uploaded by Users to the Website by any means or instrumentality, including without limitation, through the use of the Software.

10. TERM AND TERMINATION You acknowledge and agree that the term of this Agreement is at will, and may be terminated by either party hereto, at any time, without any advance notice and for whatever reason.

10.1 Without limiting the foregoing, the Agreement, including Your right to use the Software will terminate automatically and immediately if (a) You fail to comply with the provisions of this Agreement; or (b) You use the Software for illegal unlawful or abusive purposes.

10.2 Upon termination of this Agreement by either party, You agree to immediately stop using the Software and destroy all copies of the Software.

11. DISCLAIMER OF WARRANTIES You expressly acknowledge and agree to each of the following:

11.1 That by using the Software, Website and/or the Service, You may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by installing the Software on Your computer, You understand that: (i) certain system non-personally identifiable information, including Statistical Data, stored on Your computer will be made available and transmittable to Company servers; (ii) other information available now or in the future on the Service including links, services, messages advertisements, cookies and the like may be installed automatically on Your computer and; (iii) Company may automatically transmit to and install on Your computer, Software improvements, corrections, adaptations, conversions to more recent Software versions, third party software, or any other changes to update or modify the Software.

11.2 That the functionality of the Software, Website and/or the Service depends, among other things, on the availability of Internet connectivity, information by Company servers, net congestion and other factors. Company makes no warranties or guarantees as to the availability or reliability of the Software, Website or Service or the information provided to You or to any other User, nor makes any commitment to provide You with any information, or to provide an on-going operational Service. Company at any time may suspend or cancel the Software, Website and/or Service for any reason without prior notice.

11.3 That the Software and the Service are not specifically licensed for use in circumstances in which the malfunction of the Software and/or the Service, or the unavailability of information by Company servers, may cause personal injury or damage to property. Neither Company nor its licensors or suppliers shall be liable for any claims, liability or damages arising from such events.


12. COMPANY’S DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 COMPANY`S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED $100 (ONE-HUNDRED DOLLARS) OR THE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE, WHICHEVER IS GREATER, PROVIDED SUCH LIABILITY IS NOT EXPRESSLY OTHERWISE LIMITED OR EXCLUDED HEREUNDER.

12.2 IN ADDITION TO EXPRESS LIMITATIONS ON COMPANY`S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE, WEBSITE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE, WEBSITE OR THE SERVICE. YOU ASSUME THE ENTIRE RISK FOR THE ACCURACY, AVAILABILITY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.

12.3 IN ADDITION TO EXPRESS LIMITATIONS ON COMPANY`S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY OF THE CONTENT (AS DEFINED ABOVE) USED RECEIVED OR TRANSMITTED BY THE SOFTWARE, WEBSITE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH CONTENT INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY, VIOLATION OF APPLCABLE LAW OR ANY PERSON OR ENTITY`S RIGHTS OF WHATEVER TYPE. KIND OR NATURE ANY RISK ARISING OUT OF OR IN CONNECTION WITH SUCH CONTENT, WHETHER TRANSMITTED OR RECEIVED OR USED IN CONNECTION WITH THE USE OF THE SOFTWARE, WEBSITE OR THE SERVICE OR OTHERWISE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE USE TRANSMISSION AND RECEIPT OF ANY AND ALL OF SUCH CONTENT.

12.4 IN ADDITION TO EXPRESS LIMITATIONS ON COMPANY`S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT WILL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED (INCLUDING WITHOUT LIMITATION ANY LOSS CAUSED BY THE INTRODUCTION OF COMPUTER VIRUSES OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE, WEBSIRE OR THE SERVICE) AND ON ANY THEORY OF LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF COMPANY OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 THE SOFTWARE, WEBSITE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. COMPANY AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER COMPANY NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, WEBSITE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

12.6 THE SOFTWARE, WEBSITE AND THE SERVICE ARE DOWNLOADED, USED, TRANSMITTED AND RECEIVED, IN EACH CASE, ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, WEBSITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CONTENT PROVIDED AND USED, TRANSMITTED AND/OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE, WEBSITE AND THE SERVICE, IS ENITRELY AT YOUR OWN RISK.

12.7 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.

13. YOUR RELEASE AND INDEMNIFICATION OF COMPANY

13.1 You hereby release, discharge, and agree to defend, indemnify and save harmless Company, its legal representatives, agents, licensees, successors and assigns, and all parties acting under Company’s permission, or with authority from Company, or those for whom they are acting, from and against any and all losses, damages, costs, charges, attorneys fees, recoveries, actions, judgments, penalties, expenses and any other loss whatsoever that may be obtained against imposed upon or suffered by all or any of them which may arise from the use of the Software, Website, the Service, or the User Originated Content, even should the same subject You to ridicule, scandal, reproach, scorn or indignity, and from any liability as a result of any distortion, blurring or alteration, optical illusions or use in composite form, either intentionally or otherwise, that may occur or be reproduced in the taking, processing or reproduction or the finished product, or its publication, transmission or distribution, or which may arise from any breach of any warranty, representation, covenant or agreement made by You. You hereby waive any claim that You may have or may assert for alleged violation of privacy, defamation or libel by the use of any User Originated Content submitted or supplied to Company, Website or Service by You at any time through the use of the Software or any other means.

13.2 You agree that You shall defend, indemnify, and hold harmless Company, its successors, assigns, parents, subsidiaries, affiliates, licensees and sub licensees and their respective officers, directors, agents and employees, from and against any action, suit, claim, damages, liability costs and expenses (including reasonable attorney’s fees), arising out of or in any way connected with any breach of any representation or warranty made by You herein or any claim based on any allegation that any of the User Originated Content submitted by You to Company infringes any intellectual property rights or another rights of any third party on account of the use of said User Originated Content by Company as contemplated within the scope of this Agreement. You further agree that Your indemnification obligations, as set forth herein, shall survive the termination of this Agreement.

14. EXPORT LAW ASSURANCES You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or underlying technology may not be downloaded to or exported or re-exported: (a) into any country subject to United States embargo (or to a resident or national of) such as Cuba, Iraq, Iran, Libya, North Korea, Syria and any country which may appear on the United States Embargo List from time to time; (b) to anyone on the US Treasury Department`s list of Specially Designated Nationals or on the US Commerce Department`s Denied Party or Entity List; and (c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.

15. NO JOINT OR COLLABORATIVE VENTURE; NO MONITORING OR CONTROL OF YOUR CONTENT BY US Nothing in this Agreement is intended by Us or You to create or constitute a joint or collaborative venture or partnership of any kind between You and Us, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between You and Company, its employees, agents or assigns.

15.1 You acknowledge and agree that You shall have no financial or other interest in Service or any property owned by Company, its affiliates, agents, successors or assigns.

15.2 You acknowledge and agree that Your relationship with Us shall be governed and limited exclusively by the terms and conditions of this Agreement.

15.3 You acknowledge and agree that We have no direct or indirect control over the content or material contained in Your User Originated Content that You transfer or upload to Website except as specifically set forth in this Agreement.

15.4 You further acknowledge that neither Company nor any employee, associate, agent, assign or successor of Company shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content or materials contained in Your User Originated Content that You transfer or upload to Website, and that You shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that User Originated Content.

16. ENTIRE AGREEMENT; MODIFICATION; ASSIGNMENT This Agreement constitutes the entire agreement between You and Company with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.

16.1 You agree that Company reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time for any reason or no reason. Changes will be effective immediately once they are posted on the Company`s Website. Your continued use of the Software, Website or Service constitutes your binding acceptance of this Agreement, including any changes made by the Company, as permitted above. If you desire not to be bound by any modification of this Agreement, you should stop using the Software, Website and Service. The updated, online version of this Agreement shall supersede any prior version.

16.2 You agree that no modification of this Agreement by You, Your employees, representatives, agents, assigns or successors shall be enforceable of have any effect unless first reduced to writing and signed by a duly authorized representative of Company.

16.3 You acknowledge and agree that the failure of Company to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.

16.4 You agree that all promises, obligations, duties and warranties made by You in this Agreement are personal to You and that neither they nor any benefits hereunder may be assigned by You to any other person or entity.

16.5 You agree that Company may at any time, and without prior notice to You, freely assign all or part of its duties, obligations and benefits hereunder.

17. JURISDICTION OF ALL LEGAL DISPUTES This Agreement shall be construed in accordance with the laws of Maastricht, Netherlands. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably submit to the jurisdiction of the Courts in Maastricht, Netherlands over any suit, action or proceeding arising out of or related to this Agreement.

18. CAPTIONS Captions are inserted for reference and convenience only and in no way define, limit or describe the scope of this Agreement or intent of any provision.

19. UNENFORCEABILITY OF PROVISIONS If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

20. ONE (1) YEAR LIMITATION Any claim or cause of action arising out of or related to use of the Software must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.

21. ENTIRE UNDERSTANDING This Agreement contains the entire understanding of the parties relating to the subject matter.

22. AFFIRMATION OF AGREEMENT BY CLICKING THE "SUBMIT" BUTTON YOU ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND UNCONDITIONALLYCONSENT TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, OR ARE NOT OVER 18 YEARS OF AGE (21 IN SOME LOCATIONS), CLICK THE "DO NOT ACCEPT" BUTTON.