Terms of Use

These Terms and Con­di­tions of Use (the “Agree­ment”) are between you and Actual Objects LLC (“Actual Objects” or the “Com­pany”). In con­sid­er­a­tion of the right to access and use the web­site located at the Uni­ver­sal Resource Loca­tor http://​actu​alob​jects​.com (the “Site” or the “Web­site”), and to receive the prod­ucts and ser­vices offered through the Web­site, you agree to the terms and con­di­tions of use set forth in this Agree­ment and acknowl­edge that you are at least 13 years of age.

This Agree­ment applies to the prod­ucts and ser­vices cur­rently offered by the Com­pany and that the Com­pany may choose to offer in the future (unless stated otherwise).

The Web­site, and any prod­ucts or ser­vices offered through the Web­site, are avail­able only to, and may only be used by, indi­vid­u­als and enti­ties able to form legally bind­ing con­tracts under applic­a­ble law. The prod­ucts and ser­vices offered here­un­der are not avail­able to chil­dren (per­sons under the age of 13) or to any user who has been sus­pended from the Site, whose use has been restricted for any rea­son or whose reg­is­tra­tion has been revoked. If you are under the age of 13, you can use the Web­site only in con­junc­tion with, and under the super­vi­sion of, your par­ents or guardians. If you do not qual­ify, please do not use the Web­site or any of the ser­vices offered through any Web­site. If you are act­ing on behalf of an entity or orga­ni­za­tion, you war­rant and rep­re­sent that you have the author­ity to bind such entity or orga­ni­za­tion to this Agreement.

Web­site Content

The Web­site presents infor­ma­tion and con­tent includ­ing, but not lim­ited to, edi­to­r­ial con­tent, graph­ics, themes, illus­tra­tions, design con­cepts, cap­tions, char­ac­ters, spec­i­fi­ca­tions, text, data, files, down­loads, sup­port infor­ma­tion, fre­quently asked ques­tions, adver­tise­ments, pro­mo­tional infor­ma­tion, reviews, and instruc­tional infor­ma­tion (col­lec­tively, “Con­tent”), that is owned by the Com­pany or by third par­ties and incor­po­rated into the Site by virtue of a license, grant or some other form of agree­ment between such third par­ties and Actual Objects. When used in this Agree­ment, “we”, “us” and “our” mean Actual Objects.

Actual Objects does not make any rep­re­sen­ta­tions as to the accu­racy, orig­i­nal­ity or com­plete­ness of the Con­tent or assume any lia­bil­ity for any loss that may result from the reliance on or use of any Con­tent we pro­vide. Any state­ments non-​​factual in nature con­sti­tute only cur­rent opin­ions, which are sub­ject to change with­out notice.

Prod­ucts & Services

Through the Web­site, you may be able to down­load cer­tain Con­tent, upload and down­load files, reg­is­ter for mem­ber­ship, sub­scribe to Ser­vices, sign up for spe­cial pro­mo­tions and pro­grams, pay for goods and ser­vices, com­mu­ni­cate and exchange infor­ma­tion with the Com­pany and other users, and post infor­ma­tion, opin­ions and com­ments (col­lec­tively, the “Ser­vices”). Actual Objects reserves the right to change, sus­pend and dis­con­tinue any aspect of the Ser­vices at any time includ­ing, but not lim­ited to, the nature of the Ser­vices offered, data­bases, hours of avail­abil­ity, and soft­ware needed for access or use. Notwith­stand­ing any­thing herein to the con­trary, Actual Objects reserves the right to per­mit or restrict access to the Web­site and the Ser­vices to any user in its sole and absolute discretion.

Sub­ject to your com­pli­ance with this Agree­ment, Actual Objects grants you a revo­ca­ble, lim­ited license to review Con­tent solely for the pur­pose of eval­u­at­ing whether you wish to pur­chase an Actual Object License for such con­tent (“Eval­u­a­tion Con­tent”). You may not use Eval­u­a­tion Con­tent in any final mate­ri­als or dis­trib­ute it to any employee or con­trac­tor, or to the pub­lic, through any media. You may not mod­ify, alter, or remove any vis­i­ble or elec­tronic water­mark, or dis­as­sem­ble, reverse engi­neer, or decom­pile any Eval­u­a­tion Con­tent. Except for this lim­ited right to review Eval­u­a­tion Con­tent, Actual Objects grants you no other rights thereto, and you shall not be per­mit­ted to dis­trib­ute, sub­li­cense or make Eval­u­a­tion Con­tent avail­able for any use.

Pro­files, Forums and Boards

Actual Objects offers orig­i­nal and third party Con­tent on the Web­site. You may be invited to pro­vide cus­tom screen names, icons and other pro­file infor­ma­tion (col­lec­tively, “Pro­file Infor­ma­tion”), and you and oth­ers may be per­mit­ted to cre­ate or con­tribute infor­ma­tion and con­tent on the Web­site or com­ment on, post, trans­mit or sub­mit mes­sages, ideas, con­cepts, tech­niques, know-​​how, text, images, pho­tos, graph­ics, sounds, data files, works of author­ship, appli­ca­tions and other Con­tent, infor­ma­tion and mate­ri­als, which may include upload­ing files, inputting data, pro­vid­ing per­sonal infor­ma­tion, pro­vid­ing opin­ions or engag­ing in any form of com­mu­ni­ca­tion that you and oth­ers sub­mit, post and dis­play on the Web­site or through the Ser­vices (col­lec­tively, and together with Pro­file Infor­ma­tion, “User Gen­er­ated Con­tent”) to other Web­site users, bul­letin boards and pub­lic areas (col­lec­tively “Pub­lic Areas”) within or in con­nec­tion with the Site or in con­nec­tion with the Ser­vices. In sub­mit­ting User Gen­er­ated Con­tent to Pub­lic Areas, you agree to strictly limit your sub­mis­sions to the sub­ject mat­ter for which such Pub­lic Area is intended.

User Gen­er­ated Content

Actual Objects does not endorse or have any con­trol over User Gen­er­ated Con­tent sub­mit­ted by you or oth­ers and accepts no respon­si­bil­ity what­so­ever in con­nec­tion with or aris­ing out of any User Gen­er­ated Con­tent. User Gen­er­ated Con­tent sub­mit­ted through the Site is not nec­es­sar­ily reviewed or cleared by the Com­pany prior to post­ing and does not nec­es­sar­ily reflect the opin­ions or poli­cies of the Com­pany. If at any time the Com­pany chooses, in its sole dis­cre­tion, to mon­i­tor the Pub­lic Areas, the Com­pany nonethe­less assumes no respon­si­bil­ity for User Gen­er­ated Con­tent, no oblig­a­tion to mod­ify or remove any infring­ing, inap­pro­pri­ate or inac­cu­rate User Gen­er­ated Con­tent, and no respon­si­bil­ity for the con­duct of the user sub­mit­ting any User Gen­er­ated Content.

The Com­pany makes no war­ranties, express or implied, as to the licenses, orig­i­nal­ity, suit­abil­ity, accu­racy or reli­a­bil­ity of any Con­tent, includ­ing User Gen­er­ated Con­tent, acces­si­ble on or through the Web­site or the Ser­vices. Nonethe­less, the Com­pany reserves the right to pre­vent you from sub­mit­ting User Gen­er­ated Con­tent and to edit, restrict or remove any User Gen­er­ated Con­tent for any rea­son at any time. You agree that Actual Objects shall accept no lia­bil­ity if we pre­vent, in our sole dis­cre­tion, your User Gen­er­ated Con­tent from being sub­mit­ted, or we edit, restrict or remove it. With­out our prior writ­ten con­sent, you may not use, copy, mod­ify, trans­late, pub­lish, broad­cast, trans­mit, dis­trib­ute, per­form, dis­play, or sell User Gen­er­ated Con­tent that appears on or through the Website.

Cer­tain por­tions of the Web­site may offer you the abil­ity to send (by e-​​mail or oth­er­wise) mes­sages directly to the Com­pany or another user. The Com­pany shall have no lia­bil­ity for any delay, loss or dam­age that may result from your use of e-​​mail tools or from inter­cep­tion or unau­tho­rized use by third par­ties of any infor­ma­tion you send through our sys­tems. Fur­ther­more, you are solely respon­si­ble for your inter­ac­tions with other users on and through the Web­site. Actual Objects reserves the right, but has no oblig­a­tion, to mon­i­tor com­mu­ni­ca­tions between you and other users.

In the event a dis­pute arises between you and Actual Objects or any third party, please e-​​mail the Com­pany at support@​actualobjects.​com. We encour­age you to report all user-​​to-​​user dis­putes to your local law enforce­ment, post­mas­ter gen­eral, or a cer­ti­fied medi­a­tion or arbi­tra­tion entity.

Own­er­ship and Use of Content

As between you and Actual Objects, all Con­tent, other than User Gen­er­ated Con­tent and Third Party Ser­vices, is owned by Actual Objects and is pro­tected by world­wide copy­right laws and treaty pro­vi­sions, unless oth­er­wise indi­cated. Use of Con­tent on any other web­site or in a net­worked com­puter envi­ron­ment for any pur­pose, or any other repub­li­ca­tion or redis­tri­b­u­tion of Con­tent, includ­ing, with­out lim­i­ta­tion, fram­ing it within another web­site, is expressly pro­hib­ited with­out the prior writ­ten per­mis­sion of Actual Objects. Please con­tact us at support@ actu​alob​jects​.com for licens­ing inquiries.

Actual Objects shall not (a) be sub­ject to any oblig­a­tions of con­fi­den­tial­ity regard­ing any User Gen­er­ated Con­tent except as spec­i­fied in Actual Objects’ Pri­vacy Pol­icy, as set forth in any addi­tional terms and con­di­tions relat­ing to spe­cific prod­ucts or ser­vices, or as oth­er­wise specif­i­cally agreed to by us in writ­ing or as required by law; (b) be oblig­ated to pay you or any third party any com­pen­sa­tion for any User Gen­er­ated Con­tent or your activ­ity on the Site; or (c) be required to respond to any e-​​mail or submission.

By post­ing any User Gen­er­ated Con­tent on the Web­site, you hereby grant the Com­pany a per­pet­ual world-​​wide, non-​​exclusive, royalty-​​free license, with the right to sub­li­cense in one or mul­ti­ple tiers, to use, pub­licly per­form, pub­licly dis­play, repro­duce, mod­ify, cre­ate deriv­a­tive works from, edit and dis­trib­ute such User Gen­er­ated Con­tent on or through the Web­site, includ­ing with­out lim­i­ta­tion dis­trib­ut­ing part or all of the Web­site in any media for­mats and through any media chan­nels. After you pro­vide us with writ­ten notice to remove your User Gen­er­ated Con­tent from the Web­site, Actual Objects will use rea­son­able efforts to cease dis­tri­b­u­tion as soon as prac­ti­ca­ble, and at such time when dis­tri­b­u­tion ceases, Actual Object’s license will ter­mi­nate, pro­vided how­ever that should Actual Objects incor­po­rate any of your designs, opin­ions, mate­ri­als, ideas, con­cepts, sub­mis­sions or rec­om­men­da­tions into the Site or the Ser­vices, or grant any rights to your User Gen­er­ated Con­tent to any of its cus­tomers, (together, “Incor­po­rated Con­tent”), the license granted here­un­der for the Incor­po­rated Con­tent shall be irrev­o­ca­ble, and Actual Objects shall be under no oblig­a­tion to remove or revoke any license for such Incor­po­rated Con­tent. Actual Objects does not assert any own­er­ship over User Gen­er­ated Con­tent sub­mit­ted by you; rather, as between us and you, sub­ject to the rights granted to us herein, you retain full own­er­ship of all of your User Gen­er­ated Con­tent and any intel­lec­tual prop­erty rights or other pro­pri­etary rights asso­ci­ated with your User Gen­er­ated Con­tent, sub­ject to the fore­go­ing lim­ited license.

You hereby waive all rights to any claim against the Com­pany for any alleged or actual infringe­ments of any intel­lec­tual prop­erty rights, pro­pri­etary rights, rights of pri­vacy and pub­lic­ity, moral rights, and rights of attri­bu­tion in con­nec­tion with the User Gen­er­ated Con­tent sub­mit­ted by you. By sub­mit­ting User Gen­er­ated Con­tent, you rep­re­sent to the Com­pany that such con­tent is orig­i­nal, you are its right­ful owner or that you have first obtained per­mis­sion from the right­ful owner to sub­mit it, and that you have the author­ity to assign and license to the Com­pany all rights, title and inter­est as set forth herein in and to such con­tent. You acknowl­edge that the Com­pany has detri­men­tally relied upon this rep­re­sen­ta­tion. Accord­ingly, you fur­ther agree to defend, hold harm­less and indem­nify Actual Objects and its cus­tomers from and against any and all claims of alleged or actual infringe­ments of any intel­lec­tual prop­erty rights, pro­pri­etary rights, rights of pri­vacy and pub­lic­ity, moral rights, and rights of attri­bu­tion raised by third par­ties against the Com­pany in con­nec­tion with such Con­tent, and any and all dam­ages and lia­bil­ity relat­ing thereto or aris­ing there­from, includ­ing with­out lim­i­ta­tion rea­son­able attor­neys’ fees.

You agree to release Actual Objects, its par­ents, part­ners, cus­tomers, con­trac­tors and affil­i­ates together with their respec­tive employ­ees, agents, offi­cers, direc­tors and share­hold­ers, from any and all lia­bil­ity and oblig­a­tions what­so­ever in con­nec­tion with, or aris­ing from, your use of the Web­site or the Ser­vices. If at any time you are not happy with the Web­site or the Ser­vices or object to any Con­tent or any Pub­lic Area, your sole rem­edy is to cease using them.

Adver­tise­ments and Third Party Services

From time to time, we may incor­po­rate adver­tis­ing, infor­ma­tion, fea­tures, and ser­vices pro­vided by other users or third par­ties (“Third Party Ser­vices”). Third Party Ser­vices, whether posted by us or not, does not imply any endorse­ment, approval, or ver­i­fi­ca­tion by us of such Third Party Ser­vices or the poli­cies, prod­ucts or ser­vices of any third party. We do not always review Third Party Ser­vices and we are not respon­si­ble or liable for its orig­i­nal­ity, qual­ity, avail­abil­ity or com­plete­ness, or its com­pli­ance with any law, rule or reg­u­la­tion. By pro­vid­ing access to Third Party Ser­vices, Actual Objects is not rec­om­mend­ing the prod­ucts or ser­vices of any third party. Sub­ject to the terms of applic­a­ble ser­vice or other agree­ments, we may remove any Third Party Ser­vices from the Web­site upon writ­ten request by its owner or licen­sor. Please con­sult any and all Terms and Con­di­tions and Pri­vacy Pol­icy applic­a­ble to Third Party Ser­vices prior to using it.

Lim­i­ta­tion of Use. You agree that you will not post or sub­mit User Gen­er­ated Con­tent to the site or use the Web­site Ser­vices in any man­ner that:

• is unlaw­ful, threat­en­ing, obscene, vul­gar, porno­graphic, pro­fane or inde­cent, includ­ing any com­mu­ni­ca­tion that con­sti­tutes (or encour­ages con­duct that would con­sti­tute) a crim­i­nal offense, gives rise to civil lia­bil­ity or oth­er­wise vio­lates any local, state, national or inter­na­tional law;
• vio­lates the copy­right, trade­mark or other intel­lec­tual prop­erty rights of any other per­son or Actual Objects;
• is false, inac­cu­rate or mis­lead­ing or improp­erly assumes or claims the iden­tity, char­ac­ter­is­tics or qual­i­fi­ca­tions of another person;
• imposes an unrea­son­able or dis­pro­por­tion­ately large load on the Website’s infrastructure; 
• is for the pur­pose of spam­ming or aggres­sively pro­mot­ing goods or ser­vices with­out our prior authorization;
• is fraud­u­lent or involves the dis­tri­b­u­tion or sale of ille­gal, coun­ter­feit, or stolen items;
• con­tains any virus, Tro­jan horse, worm, time bomb, can­cel­bot, Easter eggs or other com­puter pro­gram­ming rou­tines that may dam­age, detri­men­tally inter­fere with, sur­rep­ti­tiously inter­cept or expro­pri­ate any sys­tem, data or per­sonal infor­ma­tion, or other harm­ful component; 
• defames any per­son, is libelous or inva­sive of pri­vacy or pub­lic­ity rights or any other third party rights; or
• oth­er­wise vio­lates any code of con­duct or Pub­lic Area rules we may estab­lish from time-​​to-​​time.

Fur­ther­more, you acknowl­edge and agree that you will not: (i) col­lect or store per­sonal data about other users of the Web­site, includ­ing col­lect­ing user names or email addresses of users by elec­tronic or other means for the pur­pose of send­ing unso­licited email, (ii) delete or revise any Con­tent, includ­ing any User Gen­er­ated Con­tent posted by any third party, (iii) upload, e-​​mail or oth­er­wise trans­mit any mate­r­ial or User Gen­er­ated Con­tent that con­tains viruses or any other com­puter code, files or pro­grams that might inter­rupt, limit or inter­fere with the func­tion­al­ity of any com­puter soft­ware, hard­ware, data­base or file that is owned, leased or used by Actual Objects, the Web­site, or its users; or (iv) sub­mit unwanted mes­sages by e-​​mail or oth­er­wise or post User Gen­er­ated Con­tent that dis­par­ages or insults any user.

The Dig­i­tal Mil­len­nium Copy­right Act of 1998 (“DMCA”)

The DMCA pro­vides recourse to those who believe that mate­r­ial appear­ing on the Inter­net infringes their rights under U.S. copy­right law. If you believe in good faith that mate­ri­als hosted by us infringe your copy­right, you may send us a notice request­ing that we remove the mate­r­ial or block access to it. The notice must include the fol­low­ing information:

1. Phys­i­cal or elec­tronic sig­na­ture of a per­son autho­rized to act on behalf of the owner of an exclu­sive right that is allegedly infringed; 
2. Iden­ti­fi­ca­tion of the copy­righted work claimed to have been infringed (or if mul­ti­ple copy­righted works located on the Site are cov­ered by a sin­gle noti­fi­ca­tion, a rep­re­sen­ta­tive list of such works); 
3. Iden­ti­fi­ca­tion of the mate­r­ial that is claimed to be infring­ing or the sub­ject of infring­ing activ­ity and infor­ma­tion rea­son­ably suf­fi­cient to allow us to locate the mate­r­ial on the Site; 
4. The name, address, tele­phone num­ber, and email address of the com­plain­ing party; 
5. A state­ment that the com­plain­ing party has a good faith belief that use of the mate­r­ial in the man­ner com­plained of is not autho­rized by the copy­right owner or the law; and 
6. A state­ment that the infor­ma­tion in the noti­fi­ca­tion is accu­rate and is given under penalty of per­jury, and that the com­plain­ing party is autho­rized to act on behalf of the owner of an exclu­sive right that is allegedly infringed.

If you believe in good faith that a notice of copy­right infringe­ment has been wrongly filed against you, the DMCA per­mits you to send us a counter-​​notice. Notices and counter-​​notices must meet cur­rent statu­tory require­ments imposed by the DMCA; see http://​www​.copy​right​.gov/ for details. Notices and counter-​​notices under the DMCA, as well as all other com­mu­ni­ca­tions addressed to us relat­ing to this Agree­ment, should be sent to:

Frid­man Law Group, PLLC, 287 Spring Street, New York, NY 10013.

We strongly sug­gest that you con­sult your legal advi­sor before fil­ing a notice or counter-​​notice. Also, please be aware that penal­ties may apply for false claims under the DMCA.

Trade­marks

Actual Objects and third party trade­marks and ser­vice marks may or may not be des­ig­nated as such from time to time on the Site through use of the SM, TM or® sym­bols. Except when included in any autho­rized print­outs of the Con­tent, you are not autho­rized to make any use of any names, logos or taglines posted on the Site, whether or not des­ig­nated by such sym­bols, includ­ing, but not lim­ited to, as metatags or in any other fash­ion with­out the express prior writ­ten per­mis­sion of the Company.

Reg­is­tra­tion and Security

In con­nec­tion with your use of the Web­site, you may estab­lish or oth­er­wise receive from Actual Objects user IDs, pass­words and other secu­rity codes (“User Codes”) that you may need in order to access and use cer­tain por­tions of the Web­site. We may can­cel your reg­is­tra­tion at any time, for any reason.

You agree to pro­vide true, accu­rate, cur­rent and com­plete infor­ma­tion about your­self as prompted by the reg­is­tra­tion form (“Reg­is­tra­tion Info”) and main­tain and promptly update the Reg­is­tra­tion Info to keep it true, accu­rate, cur­rent and com­plete. You hereby autho­rize Actual Objects, directly or through third par­ties, to make any inquiries we con­sider nec­es­sary to val­i­date your Reg­is­tra­tion Info. Actual Objects reserves all rights to vig­or­ously pur­sue legal action against all per­sons who mis­rep­re­sent per­sonal infor­ma­tion or are oth­er­wise untruth­ful about their iden­tity, and to sus­pend or can­cel accounts reg­is­tered with inac­cu­rate or incom­plete infor­ma­tion. Notwith­stand­ing the fore­go­ing, you acknowl­edge that Actual Objects can­not guar­an­tee the accu­racy of any infor­ma­tion sub­mit­ted by any user, nor any iden­tity infor­ma­tion about any user.

You are respon­si­ble for main­tain­ing the con­fi­den­tial­ity of your User Codes. You agree that you will be fully respon­si­ble for all activ­i­ties uti­liz­ing your User Codes, and that Actual Objects is not under any duty to inquire as to the author­ity or pro­pri­ety of any instruc­tions pro­vided via your User Codes, or to oth­er­wise ver­ify the iden­tity of any­one using your User Codes. You agree that Actual Objects shall not be respon­si­ble for dam­ages or losses result­ing from any breach of secu­rity caused by your fail­ure to main­tain the con­fi­den­tial­ity of your User Codes. You agree to defend, indem­nify and hold Actual Objects harm­less against any lia­bil­ity, losses, dam­ages, costs and expenses (includ­ing attor­neys’ fees) aris­ing out of, or result­ing from, unau­tho­rized access to or use of the Web­site by any party using your User Codes, unless such unau­tho­rized access or use is the direct result of Actual Object’s gross neg­li­gence. The Com­pany reserves the right to block access to the Web­site for any rea­son. You also agree to imme­di­ately notify Actual Objects if you become aware of any loss or theft of your User Codes or any unau­tho­rized use of your User Codes.

For your pro­tec­tion, the Com­pany may require the use of encryp­tion tech­nolo­gies for cer­tain types of com­mu­ni­ca­tions con­ducted through the Web­site. While we may pro­vide those tech­nolo­gies and might use other rea­son­able pre­cau­tions to pro­tect con­fi­den­tial infor­ma­tion and pro­vide suit­able secu­rity, we do not guar­an­tee or war­rant that infor­ma­tion trans­mit­ted through the Inter­net is secure, or that such trans­mis­sions will be free from delay, inter­rup­tion, inter­cep­tion or error.

Site Trans­ac­tions

Some of the Con­tent and Ser­vices may be offered to you con­di­tioned on enter­ing into a finan­cial trans­ac­tion through the Web­site. We reserve the right to refuse any order you place with us. We may, in our sole dis­cre­tion, limit, restrict or can­cel orders. These restric­tions may include orders placed by or under the same cus­tomer account, the same credit card, and/​or orders that use the same billing address. In the event we make a change to or can­cel an order, we will attempt to notify you by con­tact­ing the e-​​mail and/​or billing address/​phone num­ber pro­vided at the time the order was made. By enter­ing into any trans­ac­tion through the Site, you war­rant and rep­re­sent that all infor­ma­tion you pro­vide is true and cor­rect (includ­ing, with­out lim­i­ta­tion your credit card num­ber, expi­ra­tion date and address), that credit card trans­ac­tions you enter into are autho­rized, and that you are the legal holder of any credit card or pay­ment account used to enter into any trans­ac­tion on or through the Website.

In the event (a) your credit card is not valid, (b) Actual Objects deter­mines, in its sole dis­cre­tion, that a trans­ac­tion is unau­tho­rized, (c) your credit card can not be processed at the time of any charge or renewal charge, as the case may be, or (d) any charge is dis­puted for any rea­son other than fail­ure by Com­pany to deliver the Ser­vices or Con­tent pur­chased by you, the Com­pany reserves the right to imme­di­ately ter­mi­nate any pend­ing trans­ac­tions, sus­pend your access to the Web­site, thereby ter­mi­nat­ing this Agree­ment and all of the Company’s oblig­a­tions here­un­der, and, in addi­tion, to charge you an admin­is­tra­tive pro­cess­ing fee equal to 10% of the total bill­able amount, which charge you hereby autho­rize by enter­ing into any trans­ac­tion through the Web­site. In the event of a sub­scrip­tion ser­vice, the credit card on file for your account will be billed auto­mat­i­cally either on a month to month or yearly basis depend­ing on the orig­i­nal Agree­ment between you and the Com­pany. Notwith­stand­ing the fore­go­ing, you agree that any for­mal pay­ment dis­putes lodged with any credit or pay­ment card com­pany shall be invalid unless (x) you notify Actual Objects within 60 days from date of the applic­a­ble trans­ac­tion that you wish to dis­pute any charge relat­ing thereto, and (y) that you have made rea­son­able, good faith efforts to resolve such dis­pute with Actual Objects directly, and such efforts have failed.

Prices and Payments

You agree to pay all charges or fees applic­a­ble to your account, includ­ing taxes, in accor­dance with the billing terms that were in effect at the time the charges or fees became payable. Actual Objects reserves the right to change the amount of, or the basis for deter­min­ing, any charges or fees for the use of the Web­site or Ser­vices and to insti­tute new charges or fees (such new charges or fees will only be insti­tuted with prior notice to you).

No Refunds

If you believe that your pur­chase is tech­ni­cally flawed please con­tact us at support@​actualobjects.​com.

Pur­chases by Non-U.S. Per­sons and Enti­ties. Your pur­chase may be sub­ject to the taxes, cus­toms, duties and fees applic­a­ble to your juris­dic­tion. You acknowl­edge that it is your sole respon­si­bil­ity to com­ply with and abide by those laws and reg­u­la­tions, and that you are solely respon­si­ble for all such fees.

Avail­abil­ity

Not all of the Con­tent and Ser­vices offered through the Web­site are avail­able in all geo­graphic areas, and we reserve the right to restrict any user from pur­chas­ing any prod­uct or receiv­ing any Ser­vice made avail­able through the Web­site at any time, with­out notice. The infor­ma­tion pro­vided on the Web­site is not directed at, or intended for dis­tri­b­u­tion to, or use by, any per­son or entity in any juris­dic­tion or coun­try where such dis­tri­b­u­tion or use would be con­trary to law or reg­u­la­tion, or any non-​​United States juris­dic­tion or coun­try that would sub­ject Actual Objects or its affil­i­ates to any reg­is­tra­tion require­ment within such juris­dic­tion or country.

No War­ranty

No Lia­bil­ity

Indem­ni­fi­ca­tion

You agree to indem­nify, defend and hold harm­less Actual Objects, its offi­cers, direc­tors, employ­ees, con­sul­tants, agents and rep­re­sen­ta­tives from any and all claims, lia­bil­ity, dam­ages, and costs (includ­ing, but not lim­ited to, attor­neys’ fees, costs and expenses) that result from, arise out of or are in any­way con­nected with your use of the Ser­vices or the Web­site, your breach of the terms of this Agree­ment, or your infringe­ment, or infringe­ment by any other per­son using your account, of any intel­lec­tual prop­erty or other right of Actual Objects or any other per­son or entity. The terms of this Agree­ment will inure to the ben­e­fit of Actual Objects’ suc­ces­sors, assigns, licen­sors and licensees. The Ser­vices, the Web­site and all related prod­ucts are designed for per­sonal and legal uses only. It is your respon­si­bil­ity to com­ply with all fed­eral, state and local laws, rules and ordi­nances when using the Ser­vices, the Web­site and any related prod­ucts. You covenant to coop­er­ate fully in the defense of any claim involv­ing the Company.

Term & Termination

The term of this Agree­ment shall com­mence when you first visit the Web­site, view the Con­tent or use the Ser­vices and shall apply to all of your sub­se­quent vis­its and uses, pro­vided that noth­ing herein shall pro­hibit us from refus­ing or oth­er­wise restrict­ing access to any user for any rea­son at any time, in our sole dis­cre­tion. Actual Objects may, with or with­out cause, imme­di­ately ter­mi­nate this Agree­ment with­out notice, and deny you access to the Web­site and the Ser­vices in its sole dis­cre­tion. With­out lim­it­ing the fore­go­ing, Actual Objects has the right to imme­di­ately ter­mi­nate any pass­words or accounts cre­ated by you in the event that you breach this Agree­ment or engage in con­duct that Actual Objects, in its sole dis­cre­tion, con­sid­ers unac­cept­able. If this Agree­ment is ter­mi­nated, you will no longer be autho­rized to access any areas of the Web­site or use the Ser­vices. With­out lim­it­ing any other rights of Actual Objects, you under­stand and acknowl­edge that Actual Objects, in its sole dis­cre­tion, may pur­sue legal and equi­table relief against you with­out hav­ing to post bond or prove actual dam­ages if you breach or threaten to breach this Agreement.

Changes

The Con­tent, the Ser­vices, the Web­site and this Agree­ment are sub­ject to change and updat­ing by Actual Objects and our affil­i­ates, part­ners, con­trac­tors, agents and rep­re­sen­ta­tives at any time with­out prior notice. The changes may include super­sed­ing terms and con­di­tions. You should review this agree­ment from time to time to be aware of any changes that are made. Your con­tin­u­ing use of the Web­site con­sti­tutes your accep­tance of any change or update, all of which shall become con­trol­ling when posted.

Pri­vacy

Please click here for our Pri­vacy Policy.

Applic­a­ble Law; Jurisdiction

Per­sons who access the Web­site do so at their own ini­tia­tive, and are respon­si­ble for com­pli­ance with applic­a­ble local laws and reg­u­la­tions. The laws of the State of New York will gov­ern this Agree­ment, with­out regard to con­flicts of law prin­ci­ples. The United Nations Con­ven­tion on Con­tracts for the Sale of Goods does not apply to this Agree­ment. Any and all claims and con­tro­ver­sies aris­ing out of and related to the Pri­vacy Pol­icy and this Agree­ment shall be set­tled in the courts of com­pe­tent juris­dic­tion in New York, NY. Any such claim or con­tro­versy shall be adju­di­cated on an indi­vid­ual basis and shall not be con­sol­i­dated with a claim of any other party. The fore­go­ing shall not pre­clude the Com­pany from seek­ing any injunc­tive relief in courts of com­pe­tent juris­dic­tion located in other coun­tries for pro­tec­tion of the Company’s intel­lec­tual prop­erty rights.

Gen­eral

This Agree­ment sets forth the entire under­stand­ing and agree­ment between you and us with respect to the sub­ject mat­ter hereof. If any pro­vi­sions shall be held to be invalid, ille­gal, or unen­force­able, the valid­ity, legal­ity, and enforce­abil­ity of the remain­ing pro­vi­sions shall not be in any way affected thereby. Except as described herein, you may not assign this Agree­ment with­out our explicit con­sent. You are respon­si­ble for any and all fees asso­ci­ated with gain­ing access to the Web­site, includ­ing with­out lim­i­ta­tion the fees asso­ci­ated with the equip­ment nec­es­sary to access the inter­net and the fees charged by your inter­net ser­vice provider.

The Web­site is main­tained by Actual Objects LLC.

If you have any ques­tions, please con­tact us: support@​actualobjects.​com.