Terms of Service

TERMS OF SERVICES

Please read this terms of service agreementcarefully, as it contains important information regarding your legal rights andremedies.

Last Revised: 23-12-2024

  1. OVERVIEW

This Terms of Service Agreement(“Agreement”) is entered into by and between Maiden Century, Inc, registeredaddress 222 West 80th Street, Suite 12C, New York, NY 10024, United States, NewYork (“Company”) and you, and is made effective as of the date of your use ofthis website https://www.maidencentury.com (“Site”) or the date of electronicacceptance.

This Agreement sets forth the general termsand conditions of your use of the https://www.maidencentury.com as well as theproducts and/or services purchased or accessed through this Site (the“Services”).Whether you are simply browsing or using this Site or purchaseServices, your use of this Site and your electronic acceptance of thisAgreement signifies that you have read, understand, acknowledge and agree to bebound by this Agreement our Privacypolicy. The terms “we”, “us” or “our” shall refer to Company. The terms“you”, “your”, “User” or “customer” shall refer to any individual or entity whoaccepts this Agreement, uses our Site, has access or uses the Services. Nothingin this Agreement shall be deemed to confer any third-party rights or benefits.

Company may, in its sole and absolutediscretion, change or modify this Agreement, and any policies or agreementswhich are incorporated herein, at any time, and such changes or modificationsshall be effective immediately upon posting to this Site. Your use of this Siteor the Services after such changes or modifications have been made shallconstitute your acceptance of this Agreement as last revised.

If you do not agree to be bound by thisagreement as last revised, do not use (or continue to use) this site or theservices.

  1. ELIGIBILITY

This Site and the Services are availableonly to Users who can form legally binding contracts under applicable law. Byusing this Site or the Services, you represent and warrant that you are (i) atleast eighteen (18) years of age, (ii) otherwise recognized as being able toform legally binding contracts under applicable law, and (iii) are not a personbarred from purchasing or receiving the Services found under the laws of theUnited States or other applicable jurisdiction.

If you are entering into this Agreement onbehalf of a company or any corporate entity, you represent and warrant that youhave the legal authority to bind such corporate entity to the terms andconditions contained in this Agreement, in which case the terms “you”, “your”,“User” or “customer” shall refer to such corporate entity. If, after yourelectronic acceptance of this Agreement, Company finds that you do not have thelegal authority to bind such corporate entity, you will be personallyresponsible for the obligations contained in this Agreement.

  1. RULES OF USER CONDUCT

By using this Site You acknowledge andagree that:

  • Your use of this Site, including any content you submit, will     comply with this Agreement and all applicable local, state, national and     international laws, rules and regulations.

You will not use this Site in a mannerthat:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the     exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against     people, animals, or property;
  • Promotes, encourages or engages in any spam or other     unsolicited bulk email, or computer or network hacking or cracking;
  • Infringes on the intellectual property rights of another User     or any other person or entity;
  • Violates the privacy or publicity rights of another User or any     other person or entity, or breaches any duty of confidentiality that you     owe to another User or any other person or entity;
  • Interferes with the operation of this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses,     Cryptocurrency Miners or other code, files or programs designed to, or     capable of, using many resources, disrupting, damaging, or limiting the     functionality of any software or hardware.

You will not:

  • copy or distribute in any medium any part of this Site, except     where expressly authorized by Company,
  • copy or duplicate this Terms of Services agreement, which was     created with the help of the TermsHub     Terms & Conditions Generator,
  • modify or alter any part of this Site or any of its related     technologies,
  • access Companies Content (as defined below) or User Content     through any technology or means other than through this Site itself.
  1. INTELLECTUAL PROPERTY 

In addition to the general rules above, theprovisions in this Section apply specifically to your use of Companies Contentposted to Site. Companies Content on this Site, including without limitationthe text, software, scripts, source code, API, graphics, photos, sounds, music,videos and interactive features and the trademarks, service marks and logoscontained therein (“Companies Content”), are owned by or licensed to MaidenCentury, Inc in perpetuity, and are subject to copyright, trademark, and/or patentprotection.

Companies Content is provided to you “asis”, “as available” and “with all faults” for your information and personal,non-commercial use only and may not be downloaded, copied, reproduced,distributed, transmitted, broadcast, displayed, sold, licensed, or otherwiseexploited for any purposes whatsoever without the express prior written consentof Company. No right or license under any copyright, trademark, patent, orother proprietary right or license is granted by this Agreement.

  1. YOUR USE OF USER CONTENT 

Some of the features of this Site may allowUsers to view, post, publish, share, or manage (a) ideas, opinions,recommendations, or advice (“User Submissions”), or (b) literary, artistic,musical, or other content, including but not limited to photos and videos(together with User Submissions, “User Content”). By posting or publishing UserContent to this Site, you represent and warrant to Company that (i) you haveall necessary rights to distribute User Content via this Site or via theServices, either because you are the author of the User Content and have theright to distribute the same, or because you have the appropriate distributionrights, licenses, consents, and/or permissions to use, in writing, from thecopyright or other owner of the User Content, and (ii) the User Content doesnot violate the rights of any third party.

You agree not to circumvent, disable orotherwise interfere with the security-related features of this Site (includingwithout limitation those features that prevent or restrict use or copying ofany Companies Content or User Content) or enforce limitations on the use ofthis Site, the Companies Content or the User Content therein.

  1. COMPANIES USE OF USER CONTENT 

The provisions in this Section applyspecifically to Companies use of User Content posted to Site.

You shall be solely responsible for any andall of your User Content or User Content that is submitted by you, and theconsequences of, and requirements for, distributing it.

With Respect to User Submissions, youacknowledge and agree that:

  • Your User Submissions are entirely voluntary.
  • Your User Submissions do not establish a confidential relationship or obligate Company to treat your User Submissions as confidential or secret.
  • Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

Company shall own exclusive rights(including all intellectual property and other proprietary rights) to any UserSubmissions posted to this Site, and shall be entitled to the unrestricted useand dissemination of any User Submissions posted to this Site for any purpose,commercial or otherwise, without acknowledgment or compensation to you or toanyone else.

With Respect to User Content, by posting orpublishing User Content to this Site, you authorize Company to use theintellectual property and other proprietary rights in and to your User Contentto enable inclusion and use of the User Content in the manner contemplated bythis Site and this Agreement.

You hereby grant Company a worldwide,non-exclusive, royalty-free, sublicensable, and transferable license to use,reproduce, distribute, prepare derivative works of, combine with other works,display, and perform your User Content in connection with this Site, includingwithout limitation for promoting and redistributing all or part of this Site inany media formats and through any media channels without restrictions of anykind and without payment or other consideration of any kind, or permission or notification,to you or any third party. You also hereby grant each User of this Site anon-exclusive license to access your User Content through this Site, and touse, reproduce, distribute, prepare derivative works of, combine with otherworks, display, and perform your User Content as permitted through thefunctionality of this Site and under this Agreement.

The above licenses granted by you in yourUser Content terminate within a commercially reasonable time after you removeor delete your User Content from this Site. You understand and agree, however,that Company may retain (but not distribute, display, or perform) server copiesof your User Content that have been removed or deleted. The above licensesgranted by you in your User Content are perpetual and irrevocable.

Company generally does not pre-screen UserContent but reserves the right (but undertakes no duty) to do so and decidewhether any item of User Content is appropriate and/or complies with thisAgreement. Company may remove any item of User Content if it violating thisAgreement, at any time and without prior notice.

  1. LINKS TO THIRD-PARTY WEBSITES 

This Site may contain links to third-partywebsites that are not owned or controlled by Company. Company assumes noresponsibility for the content, terms and conditions, privacy policies, orpractices of any third-party websites. In addition, Company does not censor oredit the content of any third-party websites. By using this Site you expresslyrelease Company from any and all liability arising from your use of anythird-party website. Accordingly, Company encourages you to be aware when youleave this Site and to review the terms and conditions, privacy policies, andother governing documents of each other website that you may visit.

  1. Disclaimer of Representations and Warranties

You specifically acknowledge and agree thatyour use of this site shall be at your own risk and that this site are provided“as is”, “as available” and “with all faults”. Company, its officers,directors, employees, agents, disclaim all warranties, statutory, express orimplied, including, but not limited to, any implied warranties of title,merchantability, fitness for a particular purpose and non-infringement.Company, its officers, directors, employees, and agents make no representationsor warranties about (i) the accuracy, completeness, or content of this site,(ii) the accuracy, completeness, or content of any sites linked (throughhyperlinks, banner advertising or otherwise) to this site, and/or (iii) theservices found at this site or any sites linked (through hyperlinks, banneradvertising or otherwise) to this site, and company assumes no liability orresponsibility for the same.

In addition, you specifically acknowledgeand agree that no oral or written information or advice provided by company,its officers, directors, employees, or agents, and third-party serviceproviders will (i) constitute legal or financial advice or (ii) create awarranty of any kind with respect to this site or the services found at thissite, and users should not rely on any such information or advice.

The foregoing disclaimer of representationsand warranties shall apply to the fullest extent permitted by law, and shallsurvive any termination or expiration of this agreement or your use of thissite or the services found at this site.

  1. Limitation of Liability

In no event shall company, its officers,directors, employees, agents, and all third party service providers, be liableto you or any other person or entity for any direct, indirect, incidental,special, punitive, or consequential damages whatsoever, including any damagesthat may result from (i) the accuracy, completeness, or content of this site,(ii) the accuracy, completeness, or content of any sites linked (through hyperlinks,banner advertising or otherwise) to this site, (iii) the services found at thissite or any sites linked (through hyperlinks, banner advertising or otherwise)to this site, (iv) personal injury or property damage of any nature whatsoever,(v) third-party conduct of any nature whatsoever, (vi) any interruption orcessation of services to or from this site or any sites linked (throughhyperlinks, banner advertising or otherwise) to this site, (vii) any viruses,worms, bugs, trojan horses, or the like, which may be transmitted to or fromthis site or any sites linked (through hyperlinks, banner advertising orotherwise) to this site, (viii) any user content or content that is defamatory,harassing, abusive, harmful to minors or any protected class, pornographic,“x-rated”, obscene or otherwise objectionable, and/or (ix) any loss or damageof any kind incurred as a result of your use of this site or the services foundat this site, whether based on warranty, contract, tort, or any other legal orequitable theory, and whether or not company is advised of the possibility ofsuch damages.

In addition, You specially acknowledge andagree that any cause of action arising out of or related to this Site or theServices found at this Site must be commenced within one (1) year after thecause of action accrues, otherwise such cause of action shall be permanentlybarred.

The foregoing limitation of liability shallapply to the fullest extent permitted by Law, and shall survive any terminationor expiration of this Agreement or your use of this Site or the Services foundat this Site.

  1. INDEMNITY 

You agree to protect, defend, indemnify andhold harmless Company and its officers, directors, employees, agents from andagainst any and all claims, demands, costs, expenses, losses, liabilities anddamages of every kind and nature (including, without limitation, reasonableattorneys’ fees) imposed upon or incurred by Company directly or indirectlyarising from (i) your use of and access to this Site; (ii) your violation ofany provision of this Agreement or the policies or agreements which are incorporatedherein; and/or (iii) your violation of any third-party right, including withoutlimitation any intellectual property or other proprietary right. Theindemnification obligations under this section shall survive any termination orexpiration of this Agreement or your use of this Site or the Services found atthis Site. 

  1. DATA TRANSFER

If you are visiting this Site from acountry other than the country in which our servers are located, yourcommunications with us may result in the transfer of information acrossinternational boundaries. By visiting this Site and communicating electronicallywith us, you consent to such transfers.

  1. AVAILABILITY OF WEBSITE 

Subject to the terms and conditions of thisAgreement and our policies, we shall use commercially reasonable efforts toattempt to provide this Site on 24/7 basis. You acknowledge and agree that fromtime to time this Site may be inaccessible for any reason including, but notlimited to, periodic maintenance, repairs or replacements that we undertakefrom time to time, or other causes beyond our control including, but notlimited to, interruption or failure of telecommunication or digitaltransmission links or other failures.

You acknowledge and agree that we have nocontrol over the availability of this Site on a continuous or uninterruptedbasis, and that we assume no liability to you or any other party with regardthereto.

  1. DISCONTINUED SERVICES

Company reserves the right to ceaseoffering or providing any of the Services at any time, for any or no reason,and without prior notice. Although Company makes great effort to maximize thelifespan of all its Services, there are times when a Service we offer will bediscontinued. If that is the case, that product or service will no longer besupported by Company. In such case, Company will either offer a comparableService for you to migrate to or a refund. Company will not be liable to you orany third party for any modification, suspension, or discontinuance of any ofthe Services we may offer or facilitate access to. 

  1. FEES AND PAYMENTS

You acknowledge and agree that your paymentwill be charged and processed by Maiden Century, Inc.

You agree to pay any and all prices andfees due for Services purchased or obtained at this Site at the time you orderthe Services.

Company expressly reserves the right tochange or modify its prices and fees at any time, and such changes ormodifications shall be posted online at this Site and effective immediatelywithout need for further notice to you.

Except as expressly provided in theseTerms, all charges and payments are non-refundable, non-cancellable, andnon-creditable, even if your Services are suspended, terminated, or transferredprior to the end of the Services term.

  1. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemedto confer any third-party rights or benefits.

  1. COMPLIANCE WITH LOCAL LAWS

Company makes no representation or warrantythat the content available on this Site are appropriate in every country orjurisdiction, and access to this Site from countries or jurisdictions where itscontent is illegal is prohibited. Users who choose to access this Site areresponsible for compliance with all local laws, rules and regulations.

  1. GOVERNING LAW

This Agreement and any dispute or claimarising out of or in connection with it or its subject matter or formationshall be governed by and construed in accordance with the laws of UnitedStates, New York, to the exclusion of conflict of law rules.

  1. DISPUTE RESOLUTION

Any controversy or claim arising out of orrelating to these Terms of Services will be settled by binding arbitration. Anysuch controversy or claim must be arbitrated on an individual basis, and mustnot be consolidated in any arbitration with any claim or controversy of anyother party. The arbitration must be conducted in United States, New York, andjudgment on the arbitration award may be entered into any court havingjurisdiction thereof.

  1. TITLES AND HEADINGS

The titles and headings of this Agreementare for convenience and ease of reference only and shall not be utilized in anyway to construe or interpret the agreement of the parties as otherwise setforth herein.

  1. SEVERABILITY

Each covenant and agreement in thisAgreement shall be construed for all purposes to be a separate and independentcovenant or agreement. If a court of competent jurisdiction holds any provision(or portion of a provision) of this Agreement to be illegal, invalid, orotherwise unenforceable, the remaining provisions (or portions of provisions)of this Agreement shall not be affected thereby and shall be found to be validand enforceable to the fullest extent permitted by law. 

  1. CONTACT INFORMATION

If you have any questions about thisAgreement, please contact us by email or regular mail at the following address:

Maiden Century, Inc

222 West 80th Street, Suite 12C, New York,NY 10024

United States, New York

privacy@maidencentury.com