TERMS OF SERVICE AGREEMENT
Welcome to CheckItOut.AI, an affiliate marketing network operated by Lascaux-Enterprises FZ LLC. Please read these terms and conditions (“Terms”) carefully before using our website at checkitout.ai (the “Site”). These Terms govern your access to and use of the Site and any services provided through the Site (collectively, the “Services”).
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.
Use of Site and Services
(a) Eligibility. You must be at least 18 years old to use the Site or Services. By using the Site or Services, you represent and warrant that you are at least 18 years old.
(b) License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal or commercial use.
(c) Prohibited Uses. You may not use the Site or Services for any illegal or unauthorized purpose. You may not (i) modify, adapt, translate, or reverse engineer any portion of the Site or Services; (ii) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index the Site or Services or any content on the Site or Services; (iii) frame or mirror any part of the Site or Services without our express prior written consent; (iv) use any meta tags or other hidden text or metadata utilizing a CheckItOut.AI name, trademark, URL, or product name without our express prior written consent; or (v) use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Site or Services.
(d) User Content. You may be able to upload, submit, or otherwise provide content to the Site or Services, including without limitation text, images, audio, video, and other materials (collectively, “User Content”). You retain all rights in, and are solely responsible for, the User Content you provide. You hereby grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and Services and CheckItOut.AI’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
(e) Monitoring. We reserve the right to monitor your use of the Site and Services and to remove any User Content that we believe, in our sole discretion, violates these Terms or is otherwise objectionable.
(a) Ownership. The Site and Services, including without limitation all content, software, code, data, design, text, images, photographs, illustrations, audio, video, and other materials, and the selection and arrangement thereof (collectively, the “CheckItOut.AI Content”), are the property of CheckItOut.AI or its licensors and are protected by copyright, trademark, and other intellectual property laws.
(b) Trademarks. “CheckItOut.AI” and other CheckItOut.AI graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, service marks or trade dress of CheckItOut.AI or its licensors. You may not use any of these trademarks, service marks, or trade dress without our prior written permission.
(c) License to User Content. By providing User Content through the Site or Services, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and Services and CheckItOut.AI’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
(d) Digital Millennium Copyright Act. We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Site or Services, please notify us at email@example.com.
Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHECKITOUT.AI DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKITOUT.AI AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, WHETHER OR NOT CHECKITOUT.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless CheckItOut.AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or Services or your violation of these Terms.
Governing Law and Dispute Resolution
These Terms and your use of the Site and Services will be governed by and construed in accordance with the laws of UAE, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms or your use of the Site or Services will be resolved exclusively in the state or federal courts located in Dubai, UAE. Each party hereby submits to the personal jurisdiction of such courts.
(a) Entire Agreement. These Terms constitute the entire agreement between you and CheckItOut.AI with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and CheckItOut.AI with respect to the Site and Services.
(b) Waiver and Severability. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
(c) Assignment. You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign these Terms or any of our rights or obligations hereunder without your prior written consent.
(d) Notices. All notices, requests, and other communications under these Terms must be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
(e) No Third-Party Beneficiaries. These Terms are for the benefit of you and CheckItOut.AI and not for the benefit of any third party.
(f) Headings. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
(g) Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
(h) Modifications. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site and Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and Services.
If you have any questions or comments about these Terms or the Site and Services, please contact us at firstname.lastname@example.org.