Content of Service
1. General Provisions
You use CampaignCamp under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within CampaignCamp. When You register a password for the use of CampaignCamp, You must strictly manage it under Your own responsibility in order to prevent for use. The Company may regard any and all acts made using Your registered password as Your own.
The Company may change all or parts of CampaignCamp at any time if it deems it necessary to improve the performance or security of CampaignCamp, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of CampaignCamp system. In such case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of CampaignCamp, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given ex post facto. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof.
The Company provides customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of CampaignCamp provided by the Company. You may sometimes have to view unwanted advertisements using CampaignCamp. Such advertisements contribute to the Company’s ability to provide You with CampaignCamp free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on CampaignCamp or directly send to the Users’ e-mail addresses various information, including notices in relation to the use of CampaignCamp, administrative messages and other advertisements.
The Company employs its utmost efforts to provide the best service to the Users. However, CampaignCamp may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such cases, the suspension will be notified in advance on the CampaignCamp service screen, unless there is are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.
The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through CampaignCamp, including Your video chat screen.
2. User Tier Status
We may provide different services subject to the user tier status in accordance with Company’s separate operation policies, and in this case, the user tier status will be granted by the standards set by the Company. The Company may make a distinction in the contents of the service between different user tiers, and the Company can change such contents of service due to our circumstances at our discretion. Detailed information of such service will be posted separately in accordance with the notification stipulated in these Terms.
3. Affiliated Partner Services
CampaignCamp may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.
4. Advertising
The Company may place advertisements of the Company and/or third parties within CampaignCamp.
User Code of Conduct
1. User behavior requirements
1.1 You shall be responsible for your use of CampaignCamp software and related services. Unless permitted by law or with the prior written permission of the company, you shall not have the following behaviors when using CampaignCamp software and related services:
1.1.1 Use any plug-ins, plug-ins, systems or third-party tools that are not authorized or licensed by the company to interfere, destroy, modify or otherwise affect the normal operation of CampaignCamp software and related services.
1.1.2 Use or conduct any behavior that endangers computer network security by using or targeting CampaignCamp software and related services.
1.2 We will supervise your behavior through reasonable methods. If the company has reason to believe that your behavior violates or may violate the above agreement, the company can independently judge and deal with it, and has the right to terminate the application without prior notice. You provide services and pursue relevant legal responsibilities.
2. Information content specification
2.1 If the content or information you express during the use of CampaignCamp has one of the following conditions, the management of the team has the right to directly close some or all of the permissions, temporarily ban the account or permanently ban the account without notice.
(1) Publishing and disseminating reactionary, pornographic, violent and other undesirable content;
(2) Content that infringes on other’s privacy, reputation, portrait rights, intellectual property rights and other legitimate rights and interests;
(3) Distributing commercial advertisements, excessive marketing information and junk information;
(4) Use illegal software to brush content or publish content in violation of regulations;
(5) Impersonate managers or damage the image of managers;
(6) Other situations that the team deems inappropriate.
2.2 CampaignCamp has the right to put forward suggestions and opinions on the improvement of your comments on the platform. You shall make corresponding rectifications within 3 working days after receiving CampaignCamp’s suggestions or opinions, otherwise, CampaignCamp has the right to take corresponding punitive measures.
Your Content
1. Your Content
CampaignCamp enables you to add questions, answers, comments, and other files and information to share with other users of CampaignCamp. All material that you upload, publish, display, or transmit to others via CampaignCamp will be referred to collectively as “Your Content.” You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below. You acknowledge and agree that, as part of using CampaignCamp, Your Content may be viewed by the general public.
2. License and Permission to Use Your Content
By submitting, posting, displaying, or transmitting Your Content on or through the CampaignCamp Platform, you grant CampaignCamp and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation use of the CampaignCamp Platform or, subject to our Privacy Policy, the promotion, advertising or marketing of the CampaignCamp Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that, subject to and consistent with our Privacy Policy, this license includes the right for CampaignCamp to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with CampaignCamp for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the CampaignCamp Platform or through other media or distribution methods. This license also includes the right for other users of the CampaignCamp Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to these Terms of Service and our Privacy Policy. Except as expressly provided in these Terms, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish to allow your answers to be translated by other users, you can globally opt out of translation in your profile settings or you can designate certain answers not for translation.
Once you post an answer to a question, you may edit or delete your answer at any time from public display, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods. CampaignCamp may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by Quora at any time. Any edits and changes made by you may be visible to other users. The right for CampaignCamp to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in these Terms.
You acknowledge and agree that CampaignCamp may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Quora, its users, or the public.
You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the CampaignCamp Platform or in violation of our Terms of Service.
3. Your Responsibilities for Your Content
By posting Your Content on the CampaignCamp Platform, you represent and warrant to us that: (1) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under these Terms, and (2) that posting Your Content violates no intellectual property or personal right of others or any other applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate CampaignCamp’s Acceptable Use Policy, Copyright Policy, Trademark Policy, any other published CampaignCamp policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
Our Content and Materials
1. Our Content and Materials
All intellectual property in or related to CampaignCamp and the CampaignCamp Platform (specifically including, but not limited to our software, the CampaignCamp marks, the CampaignCamp logo, but excluding Your Content) is the property of CampaignCamp, Inc., or its subsidiaries and affiliates, or content posted by CampaignCamp users and others that has been licensed to us (collectively “Our Content and Materials”).
2. Data
All data CampaignCamp collects (“Usage Data”) about use of the CampaignCamp Platform by you or others is the property of CampaignCamp, Inc., its subsidiaries, and affiliates. For clarity, Usage Data does not include Your Content and is separate from Our Content and Materials. Please refer to our Privacy Policy for information about how we process your personal information.
3. Our License to You
We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Usage Data as made available to you on the CampaignCamp Platform in connection with your use of the CampaignCamp Platform, subject to the terms and conditions of this agreement.
We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the CampaignCamp Platform or to remove content for any reason in our sole discretion. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
4. Permission to Crawl
If you operate a search engine, subject to the Restricted Uses section above, we conditionally grant permission to crawl the CampaignCamp Platform subject to the following rules: (1) you must use a descriptive user agent header; (2) you must follow robots.txt at all times; (3) your access must not adversely affect any aspect of the CampaignCamp Platform’s functioning; (4) you must make it clear how to contact you, either in your user agent string, or on your website if you have one.
5. No Endorsement or Verification
Please note that the Quora Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Quora Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Quora Platform by anyone.
6. Ownership
You acknowledge and agree that Our Content and Materials remain the property of CampaignCamp’s users or CampaignCamp. The content, information and services made available on the CampaignCamp Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
Fee-Based Services
1. Purchase of Fee-Based Services
Subscription Services
The Company may offer additional services, such as discounts for a certain period of time, provision of a certain number of Products and so on, and relevant features on a subscription basis if You pay certain set prices (“Subscription Services”).
Renewal and Cancellation of Subscription Services
Subscription Services are renewed automatically. If You do not wish to renew, You must cancel Your Subscription Services twenty four (24) hours prior to the expiration of Your current subscription period.
Changes to Subscription Services
The Company reserves the right to suspend or change the contents of Subscription Services with reasonable prior notice. In addition, changes to Subscription Services that are unfavorable to the Users will take effect at least thirty (30) days after the Company notifies the Users of such change. However, if the Company cannot give prior notice due to unavoidable circumstances, such as the occurrence of a bug, device defect, or security issues, changes may be implemented without notice.
Your continued use of the changed Subscription Services will constitute Your acceptance of and agreement to such change.
Coins
Coins are granted to Users through purchases within CampaignCamp, promotions, or other methods designated by the Company. The Company shall determine and display on CampaignCamp the purchase units of Coins, etc.., payment methods, and other conditions for granting of Coins.
Transfer of Coins
Coins may be used only on the account that acquired such Coins, Etc. and cannot be transferred to another account except through methods as acknowledged by the Company.
Payment of Charges
If You purchase any Subscription Services, Coins and/or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.
You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.
You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.
The Company cannot change the settings of Your Device. If You, based on Your own judgement, purchase Products by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.
Liability for Payment Using Third-Party Payment Processing Methods
You are responsible for all claims arising in connection with Your account unless Products are purchased as a result of the leaking of Your personal information due to the Company’s intentional misconduct or gross negligence.
The Company shall not be held liable for any purchases made by third parties as a result of theft of Your name or personal information, including purchases made by third parties caused by Your careless exposure of Your information or failure to use the password setting functions of Your Device or the Application Stores.
Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.
2. Refunds
Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:
i. Products that are in the possession of any Users whose use of CampaignCamp has been suspended due to a violation of these Terms or illegal acts;
ii. Products which have been used in whole or in part;
iii. Products that were purchased more than five (5) years ago;
iv. Products that remain at the time of one (1) year from Your last use of CampaignCamp;
v. Products that are in the possession of any Users who have terminated use of CampaignCamp or removed the CampaignCamp App; and
vi. Products that were purchased by third parties as a result of theft or loss of Device or caused by Your carelessness including the situation as set forth in Article 1 (d), Section 2, Chapter 5.
You may discontinue future Subscription Services at any time. Please note that if You choose to cancel Your Subscription Services after the subscription period commences, a penalty (10% of the charges corresponding to the remaining subscription period) will be incurred for cancellation, as well as any third party payment processing fees and costs proportional to the amount of subscription period that has lapsed. In addition, at the time of cancellation, if You have already used any Products and/or Items that You received as part of the Subscription Services (including Coins and/or Items that are provided as free gifts for Subscription Services), the costs for such used Products may be deducted from the amount that is refunded to You. When Subscription Services have been duly cancelled, Products that were granted as part of such Subscription Services may be reclaimed by the Company.
In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.
3. Minors
If a User is a minor (under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be canceled even if it was made without the consent of the legal representative.
Third Parties Relating to Service Use
1. Third Party Beneficiaries
If You download the CampaignCamp App from an Application Store, You acknowledge and agree that the Application Store is a third party beneficiary of these Terms, and that, upon Your acceptance of these Terms, the Application Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary hereof. You agree that Your license to use CampaignCamp and/or the CampaignCamp App is conditioned upon Your compliance with all applicable third-party terms of agreement, including those of any Application Store, as may be applicable.
2. Authority to Use Bandwidth and Device
If Your use of CampaignCamp is dependent upon the use of bandwidth owned or controlled by a third party, You acknowledge and agree that You must obtain consent from the relevant third party for such use and that the Company will not be liable in any way with regard to the foregoing.
You must own or have the legal right to control the use of the Device to which You are downloading the CampaignCamp App and/or through which You are accessing the website that provides CampaignCamp. You must delete the CampaignCamp App and related personal information from the Device if You intend to sell, assign or otherwise cease to have the legal right to control use of the Device. You will be solely responsible for any problems that may result from Your failure to delete the same.
3. Use of Third-Party Software
These Terms also apply to Your use of any third-party software or technology that is incorporated in CampaignCamp.
4. No Access to Emergency Communication Services
CampaignCamp does not constitute a common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that CampaignCamp is not a replacement for Your primary telephone service.
5. Third-Party Fees
If You use Your native SMS application to deliver messages or invitations to people who are not registered users of CampaignCamp and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.
6. Third-Party Sites, Products, and Services
CampaignCamp may include links or references to other websites and/or services provided by third parties (collectively, “Reference Sites”) solely for the convenience of the Users. The Company is not liable for any representations and/or warranties regarding any such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage You to read the terms and conditions and privacy policy of any Reference Sites that You visit. In addition, Your correspondence or business dealings with advertisers found on or through Reference Sites are solely between You and such advertiser.
Termination of Service and Restrictions of Use
1. Termination of Service by You
You may terminate Your use of CampaignCamp at any time by uninstalling and deleting the CampaignCamp App from Your Device. If You wish to delete Your account, You may do so through “Home > Setting > Delete Account” in the Settings of the CampaignCamp App. IF YOU HAVE SUBSCRIBED TO ANY SUBSCRIPTION SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR ACCOUNT. Any and all liability that occur as a result of Your failure to do so will be Your sole responsibility.
2. Termination of Service by the Company
If the Company determines that any of the following has occurred, or that there is sufficient probability that it may occur, the Company may limit Your use of CampaignCamp and/or suspend, temporarily or permanently, Your account. Unless applicable laws stipulate otherwise, the Company shall not be liable with regard to such limitation and termination of service provision:
i. If You use CampaignCamp and/or the CampaignCamp App in a manner that exceeds the scope permitted under Chapter 2, or You are in breach of Article 2, Chapter 3 and/or Article 1, Chapter 4 of these Terms;
ii. If You commit illegal acts such as piracy, fraud, defamation, violation of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes and/or the Act on the Protection of Children and Youth Against Sexual Offenses, etc.;
iii. If You commit or engage in account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;
iv. If any purchase of Products has been cancelled pursuant to Article 3, Section 2, Chapter 5;
v. If You infringe a third party’s intellectual property rights, moral rights, propriety rights, etc.;
vi. If any investigation related to the use of CampaignCamp is commenced against You; or
vii. If the Company reasonably deems that You have committed an act that is immoral in light of social norm.
The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of CampaignCamp).
The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to CampaignCamp, if You have not logged on or accessed CampaignCamp for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to CampaignCamp. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.
Indemnification and Warranty Disclaimers
1. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF CampaignCamp AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR USE OF CampaignCamp AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO CampaignCamp. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.
2. WARRANTY DISCLAIMERS
CampaignCamp is provided to You “AS IS” and “AS AVAILABLE” with no warranties. The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF CampaignCamp, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by uninstalling the CampaignCamp App from Your Device and ceasing Your use of the same.
. THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT CampaignCamp AND/OR THE CampaignCamp APP WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide CampaignCamp to You.
THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH CampaignCamp AND/OR THE CampaignCamp APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
3. LIMITATION OF LIABILITY
EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF CampaignCamp AND/OR THE CampaignCamp APP. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of CampaignCamp; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.
4. BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 8) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 8) SET FORTH HEREIN.
5. WAIVER
The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
