TERMS AND CONDITIONS FOR BUYER
For purposes of these Terms and Conditions (“Terms”), “we” or “our” refers to us, and “you” or “your” refers to the buyer. Please read these Terms carefully as they constitute your entire agreement with us (hereinafter the “Agreement”). By engaging us to provide services to you, you agree to be legally bound by these Terms. We reserve the right to change or modify these Terms at any time and in its sole discretion by posting the amended Terms on our website.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting on the website and your continued use of our services after such time will constitute your acceptance of such changes or modifications.
1. CONTENT AND PUBLICATION
1.1 In respect of any content that you upload to the Site or submit to us, you warrant that it is: (a) to the best of your knowledge, accurate; (b) compliant with these Terms; (c) free of any computer virus or malicious code; (d) not false, defamatory, misleading or otherwise deceptive in any way; or (e) not uploaded in breach of the intellectual property rights of any third party.
1.2 You agree that you are liable for and indemnify us against any and all liability, loss, costs and expenses arising from or incurred in connection with your breach of any warranty in these Terms.
1.3 We make no warranties as to the accuracy of any content posted by any user of this Site, and will accept no liability for errors or omissions in general.
1.4 We reserve the right, at our absolute discretion, to remove, amend, edit or in any other way change any post or upload by a user of the Site.
1.5 By posting or uploading material to the Site, you grant us a world-wide, non-exclusive, unlimited and irrevocable right to use, publish, market, advertise or otherwise promote the content you post.
2. ROLE OF BREATHE HEAVY LLC
2.1. You acknowledge that:
2.1.1. We do not confirm the identity of all users, check their credit bona fides, or otherwise vet them;
2.1.2. We do not check, audit or monitor all information contained in listings;
2.1.3. We are not party to any contract for the sale or purchase of products listed on the website.
2.2. We do not warrant or represent:
2.2.1. The completeness or accuracy of the information published on our website;
2.2.2. That the information and/or material on the website is up to date;
2.2.3. That the website will operate without fault; or
2.2.4. That the website or any service on the website will remain available.
2.3. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
2.4. We do not guarantee any commercial results concerning the use of the website.
3. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4.1 Breathe Heavy LLC and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, Breathe Heavy LLC disclaims any and all warranties, express or implied, with respect to Breathe Heavy LLC and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
4.2 Breathe Heavy LLC does not warrant or guarantee the accuracy, usefulness, completeness or reliability of Breathe Heavy LLC, or the results of your use of Breathe Heavy LLC. Breathe Heavy LLC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Breathe Heavy LLC also do not warrant or guarantee that Breathe Heavy LLC and all of its services and features will be available at any particular time or location; that Breathe Heavy LLC and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Breathe Heavy LLC and all of its services and features will be free of viruses and other harmful components.
5. LIMITATION OF LIABILITY
To the fullest extent provided by law, Breathe Heavy LLC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of Breathe Heavy LLC and its services and features will be solely and entirely at your own risk.
6. INTELLECTUAL PROPERTY
All content on the Site is the copyright of Breathe Heavy LLC. Without the express written permission of Breathe Heavy LLC, you shall not: (a) replicate all or part of the site in anyway; or (b) incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
7. OUR RIGHTS TO USE YOUR CONTENT
7.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
7.2. You grant to us the right to sub-license the rights licensed under section 7.1.
7.3. You grant to us the right to bring an action for infringement of the rights licensed under section 7.1.
7.4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.5. Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.
Either party may end the agreement arising from these terms of service immediately for any reason by giving the other party written notice. Where this agreement has been terminated you must immediately cease using the Site.
9.1 You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.
9.2 The relationship between us and you under any agreement arising from these Terms does not form a joint venture or partnership. No relationship clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.