PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING SOFTWARE AND SERVICES PROVIDED BY CASGAB SOFTWARE AND SERVICES INC (“CASGAB”), BY USING THE CASGAB.US WEBSITE AND RELATED WEBPAGES (THE “WEBSITE”) OR ANY OF THE CONTENT MADE AVAILABLE VIA THE WEBSITE, OR (INDIVIDUALLY AND COLLECTIVELY THE “CASGAB SERVICES”) OR ANY CONTENT MADE AVAILABLE VIA THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE TO BE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
1. Introduction
These Terms of Service, together with Casgab’s Privacy Policy (“Privacy Policy”), as any of the foregoing may be amended from time to time, together with any rules or instructions regarding a particular activity, poll, or other offerings to the extent that they expressly modify these Terms of Service (all such terms hereafter collectively “Casgab Terms”), govern your use of the Website and any other product, service or software offered by us. The Casgab Terms may be amended from time to time with respect to operational and similar matters.Accepting these terms is mandatory for using Casgab services. If you do not agree to accept these terms of service, cease using Casgab Services and Website, or any part thereof immediately.
2. Casgab Website and Services
By entering into these Terms of Service you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with these Terms of Service on behalf of yourself and the company you represent. You further agree that you are solely responsible and entirely liable for all activities you undertake.CHILDREN UNDER 18 YEARS OF AGE ARE NOT ENTITLED TO USE CASGAB SERVICES UNLESS LEGALLY EMANCIPATED!
Casgab Services are not available for children under 18 years of age, nor do we knowingly collect information from children under 18 years of age. The only exception is those aged 16 or older who are legally emancipated.
3. Rules of Conduct
You must not use the Website or any of the other Casgab Services in any improper or unlawful manner or in breach of any legislation or license that applies to you. Without limiting the foregoing, you must not use the Website or any of the Casgab Services in any of the following ways:- Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text) or use of any other methods to disrupt the flow of chat in chat rooms.
- Impersonate another person (including celebrities), indicate falsely or misleadingly that you are a Casgab employee or any of Casgab’s partners or affiliates.
- Promote or encourage any illegal activity including hacking, cracking and distribution of counterfeit software.
- Purposely attempt to illicitly exploit other customers
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Modify any part of the Casgab Services that Casgab does not specifically authorize you to modify.
- Exploit errors in design, features that are not documented, or bugs, to gain access that would otherwise not be available
- Reverse engineer, decompile or disassemble all or any portion of Casgab Services and Software
- Attempt to fake or mask the jurisdiction you are located in (e.g. by proxy servers etc.)
You must also obey all national and local laws, regulations, and rules that apply to your activities when you use Casgab.
4. Pricing, Charges & Billing
Any prices referred to on our Website are subject to change. We reserve the right to change our prices, fees, or billing methods at any time.Payments for services are to be made within 30 days of service completion unless otherwise specified in the respective service contract.
5. General Terms
If any provision in these Terms of Service is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Casgab.Failure of Casgab to exercise or enforce any right or provision contained in these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in a writing signed by Casgab.
Casgab shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Casgab (“Force Majeure”), including, without limitation, any failure to perform here due to unforeseen circumstances or cause beyond Casgab’s control such as especially but not exclusively war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.
These Terms of Service shall be governed and construed by USA law. By using Casgab Services you agree to negotiate any dispute with Casgab directly and you forfeit your right to involve US court or other courts.
6 Intellectual Property
Casgab Content is owned by Casgab and is protected by the US and international copyright. You may not copy or download any Casgab Content from any of the Casgab Services unless expressly authorized by Casgab in writing.You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any Casgab Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Casgab Content. Casgab reserves all rights in Casgab-owned and licensed Content that is not expressly granted to you in these Terms of Service or by mutual contract. You acknowledge that Casgab and/or our third-party licensors remain the owners of all of the Casgab Content included on the Casgab Website and Services and that you do not acquire any of those ownership rights by downloading any of the Casgab Content or accessing any of the Casgab Services.
Casgab Content owners may take criminal or civil action against you for unauthorized use of their intellectual property.
7. Limitations on Warranty and Liability
You acknowledge and agree, that in no case shall Casgab or its licensors, affiliates, employees, or directors (collectively as “Casgab Affiliates”) liability exceed the amount that you paid to Casgab for Casgab Services. Save as set out in these terms of service, none of the Castgab Affiliates shall be liable to you for any direct, general, incidental, special, or consequential damages, including loss of profit or revenues arising from the use of Casgab services, including especially the Casgab Website, Casgab Software, the internet or any other claim related in any way to your use of any Casgab.Upon Casgab’s request, you agree to defend, indemnify and hold harmless each of the Casgab Affiliates and Casgab Consignment partners from all liabilities, claims, and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other Casgab Terms, for which you are responsible or in connection with your communication and activity on the Casgab Services.
Casgab reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Casgabin on that matter.