By accessing and using our Services, you hereby acknowledge your acceptance and agree to comply with the following terms and conditions and that you shall be bound by the terms and conditions of this Agreement, which was last revised on February 2, 2021.
Why: We appreciate your interest in our services. We value your intangible property, and we expect you to value our intangible property too. This agreement helps us to protect our intangible property and yours, among other things, while setting forth our expectations and obligations and your expectations and obligations. Please review these terms, which are binding on the parties to this agreement.
Who: Terms of Service and Privacy Policy (this “Agreement”) is a contract between you, and if you are an employee working within the scope of your employment, vicariously, you employer (individually and collectively, “you” or “your”), and Paradies iP Solutions, LLC (sometimes referred to as “Paradies Games,” “we,” or “us”), a Florida limited liability company.
Communications: Your communications with us must be directed to our contact us page:
CONTACT US
What: The terms and conditions of this Agreement govern your access to and use of our websites and services (collectively, the “Services”).
Where: You agree that this Agreement shall be interpreted and enforced according to the laws of the State of Florida, without recourse to Florida’s choice of law and conflict of laws provisions, as if executed and fully performed solely in the State of Florida. It is our intention to provide you access to content, templates and forms for at least 12 months from the date that you first access our training, but technology is always changing and video content may be required to be hosted on different servers and by various services located worldwide. You agree that we may move content as desired, and our sole obligation is to send you a link to your training with access by a valid userid and password for accessing content hosted on the new platform. We may terminate access on legacy platforms. We may change names and branding of training and may reorganize training and change the location where training is accessed worldwide. We do not store your data as part of our Services, but we may capture data about you and how you use our Services. This data may be stored anywhere worldwide and might be accessed and used by the providers of services that we use. See our Privacy Policy for more details.
When: This Agreement is effective from the date that you first use our Services until the date that you cancel any and all Services, delete any content, templates and forms obtained using our Services and stop using any such content, templates and forms. Terminating this Agreement terminates your right to access and use our Services and any and all content, templates and forms found on our sites. Our content is protected by copyright and other intellectual property laws. Our Services are constantly changing and we reserve the right to change or discontinue Services without prior notice to you.
Binding Arbitration: This agreement includes a provision for binding arbitration to resolve any dispute you have with Paradies iP Solutions, LLC. By agreeing to binding arbitration, you waive any right to sue in a court; however, you agree that Paradies iP Solutions LLC may bring a cause of action in any court of competent jurisdiction if you violate any of the intellectual property rights of Paradies iP Solutions LLC. This agreement does not provide you with any license, or transfer any rights in, the intellectual property of Paradies iP Solutions LLC.
Binding Agreement: You acknowledge that you are capable of entering into a binding agreement with us and will not use our Services if you cannot enter into a binding agreement. If an employee acting within the scope of your employment, then you represent that you have the authority to enter into this Agreement on behalf of your employer, and if you cannot bind your employer to the terms and conditions of this Agreement, then your employer has agreed to be bound by this Agreement. If your employer has not agreed to be bound by this Agreement and you are acting within the scope of your employment, then you shall not use our Services on behalf of your employer. If you cannot enter into a binding contract or are barred from receiving our Services under any laws of your jurisdiction, then you shall not access or use our Services.
Trade Secrets: Paradies iP Solutions LLC has trade secrets, which have value by not being generally known. You agree not to misappropriate any of these trade secrets, and you agree not to publicly disclose any content that is protected behind a paywall or that is accessed using a password. You agree not to share your user id or password with others. You agree not to provide access to our content that is protected by password access. You agree not to copy text, images and videos, and acknowledge that no copying of any content, even content not protected by password, is permitted under the terms of this Agreement. You acknowledge and agree that you shall not copy any of our content, even if you consider the copying to be fair use.
Access and Use: You may use our Services only if you comply with this Agreement and any and all applicable laws, rules and regulations. We may terminate your access or use for any or no reason, and we shall bar you from any further access or use of our Services if your use violates the terms and conditions of this Agreement or any applicable laws, rules or regulations.
Termination: Cancelling or terminating your subscription does not terminate the terms and conditions of this Agreement that are intended to survive termination of your subscription, but cancellation or termination of your subscription immediately terminates any right to use our content.
WARRANTIES, LIMITATIONS AND DISCLAIMERS
30-day Money Back Guarantee. If for any reason you are not satisfied with any Services or Products obtained from Paradies iP Solutions LLC, we offer a 30-day no questions asked money-back guarantee provided that you contact us as follows:
Go to our CONTACT US page within thirty (30) days of your purchase;
Request a refund and return shipping label;
Follow the instructions that you receive with the return shipping label and return the product to Paradies Games.
This is the only warranty and return policy that we have. Not following these instructions voids any warranty, express or implied.
To the maximum extent permitted by applicable law, rules and regulations, we will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, without limitation, lost profits, lost data, lost goodwill or any other losses resulting from your access or use of our products or Services. The term “we” shall include, without limitation, Paradies iP Solutions LLC and all of our shareholders, managers, directors, agents and affiliates. The phrase “access or use of our products or Services” shall include, without limitation, inability to access or use, any content accessed or used, and any unauthorized access or use. The limitations on liability in this paragraph shall apply to any and all disputes, regardless of the legal theory upon which such dispute is based, including, without limitation, warranty, contract or tort, including negligence and products liability, and whether or not we were informed of the possibility of damages and even if remedies available in this Agreement fail their essential purpose. Some jurisdictions do not allow for exclusions of certain warranties or the limitation of liability for damages, so the limitations of this paragraph may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IS TO RECEIVE A REFUND OF THE AMOUNT PAID IF REQUESTED IN ACCORDANCE WITH THE INSTRUCTIONS IN THIS AGREEMENT WITHIN 30 DAYS. OTHERWISE, YOU ARE NOT ENTITLED TO ANY DAMAGES, REFUND OR PRORATED REFUND.
To the extent permitted by applicable law, we provide no general or other limited warranty, express or implied, except as provided expressly in this Agreement, above. Otherwise, products are provided “AS IS” and when available.
Without limiting the foregoing, PARADIES iP DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to the maximum extent permitted by law, except as provided expressly in this Agreement.
Our products may change from time to time. If you believe that anything is missing from a kit, go to https://paradiesgames.com/contact-us and let us know.
Our Services may contain hyperlinks to third party websites and resources, and we are not responsible or liable for anything related to these third party websites. Furthermore, you agree to abide by the terms and conditions of these third party websites. Any hyperlink to a third party website does not imply any endorsement of the third party website or its contents by us. These hyperlinks are provided “AS IS” and when available. You assume all risks arising from your accessing any such third party website using such hyperlinks.
We Are Not Liable Under Any Circumstances For Any Information Or Any Loss, Damage Or Harm To You From Your Access And Use Of Our Services, Whether Posted To Our Websites, Emailed To You Or Otherwise Transmitted Or Made Available To You Via Our Services Or Broadcasts. You Will Take All Necessary Precautions To Screen For And Intercept Any Harmful Or Damaging Code Received As A Result Of The Use Of Our Services.
These limitations and all of the terms and conditions of this Agreement are material to this Agreement, and you acknowledge that the cost of services to you has taken into consideration these limitations on liability and restrictions on warranties.
You agree to consult with an attorney or legal adviser before entering into any agreement or changing your legal positions in any way based on the information provided by our Services.
Scraping of information from our websites and Services is strictly prohibited.
Access by any automated system or “bot” is strictly prohibited.
LEGAL RIGHTS AND REMEDIES
Terms or conditions held to be invalid or unenforceable shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. Nothing in this Agreement gives you a right to use our name or any of our patents, trademarks, domain names, and other brand identifying devices without our express written permission, obtained in advance. All rights are reserved by us.
INDEMNIFICATION
You Hereby Agree To Indemnify Us And To Hold Harmless Paradies IP Solutions, LLLC And Our Agents, Shareholders, Directors, Executives And Associated Companies Against Any And All Claims, Liabilities, Damages, Losses, Costs And Expenses, Including Legal Fees, Arising Out Of Any Breach By You Of This Agreement Or Any Other Liabilities Arising Out Of Your Use Of Our Services, Or The Use By Any Other Person, Accessing Our Services Using Your Equipment Or Internet Access Account, Or Your Infringement Of Any Intellectual Property Rights Or Other Proprietary Rights.
We reserve all equitable and legal rights and remedies including, without limitation, the right to restrict or prevent your access to our Services at our sole discretion.
RESTRICTIONS ON USE
You shall not use our products or Services for any illegal purpose.
You shall not interfere with or diminish our right, title and interest in our copyrights or other intellectual property rights.
Except as expressly permitted in this Agreement, you shall not copy, reproduce, modify, create derivative works, distribute, broadcast, sell, transfer, publicly display, publicly perform, transmit, or otherwise disseminate any content or materials available through our Services.
You shall use our Services only in accordance with any and all applicable laws, rules and regulations.
You shall not upload or transmit any computer viruses, macro viruses, Trojan horses, worms, or anything else that interferes with or disrupts normal operating procedures of a computer.
You shall not upload or transmit any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
You shall not use our Services in a way that might cause our Services to be interrupted, damaged or rendered less efficient, or impair the effectiveness or functionality of our Services.
You shall not use our Services in any manner which violates or infringes the rights or any person, firm or entity.
You shall not tamper with or modify our Services.
You shall not access non-public areas of our Services.
You shall not give anyone permission to use your password or userid to access our Services.
You shall not access our Services with anyone else’s userid or password.
You shall not access our Services by intentionally hacking, breaching or circumventing in any way any of our Services requiring users to use a userid or password for access.
You shall not probe, scan, or test any vulnerabilities of our Services or the systems that hosts our Services.
You shall not access or search our Services by any automated means.
You shall access or search our Services only using our currently available, published interfaces provided by our Services.
You shall not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
You shall not disrupt access to our Services by any other user.
You shall not interfere with or create an undue burden on our Services.
YOUR INFORMATION
You represent and warrant that any information that you provide to us is truthful, accurate and complete including, without limitation, your registration information and payment information. Our Services do not receive or record your personal financial information. Instead, we rely on paypal® and third party payment services such as Stripe® to complete transactions and store your payment information for subscriptions. We are not responsible for these third party payment services, which are widely used, and you assume the risk in using these third party payment services for processing payments for you.
You agree to keep your registration information up to date and accurate.
You agree not to reveal your userid and password to anyone else and to keep it confidential. You agree to use a password that is not easily determined from information that can be obtained about you, such as birthdays, anniversaries, children and the like. You agree to make your password difficult to guess and not to use simple words and phrases in the English language in your password.
You are responsible for maintaining the confidentiality and security of your account and for anything that occurs through your account registration with our Services. You will immediately notify us of any security breach of your account. Even if notified promptly, we are not responsible for any harm caused by any security breach of your account.
The privacy of your information is important to us; therefore, we have implemented a privacy policy and provide you with a Privacy Policy for our Services.
BANKRUPTCY
You agree that if you enter into bankruptcy or have a change in your financial situation that we can cancel any Services, without prepayment and assurances that such prepayment will not be revoked by a court, trustee or receiver, and we can notify foreign counsel of your bankruptcy or change in your financial situation.
BINDING ARBITRATION, CHOICE OF LAW
If Any Dispute Arises Between You And Us, Then You Agree That The Dispute Will Be Subject Solely And Exclusively To Binding Arbitration Before A Single Arbitrator Under The Rules Of The American Arbitration Association. The Location Of The Arbitration Shall Be Tampa, Florida, Shall Be Expedited And Based On Documents, Alone, And May Not Include Live Witnesses, Unless Requested By The Arbitator, And The Decision Of The Single Arbitrator Shall Be Final And Binding Upon All Parties To The Arbitration. The Parties Shall Split The Costs Of Arbitration Equally. Failure To Pay Your Share Of Arbitration Or To Abide By The Rulings Of The Arbitrator Will Result In Your Immediate Default And Could Result In A Judgment Against You For Your Share Of The Arbitration And Other Costs, Such As Our Attorneys Fees And Costs.
FORCE MAJEURE
We are not liable for any claims arising from failure to perform the Services due to unforeseen circumstances or events, such as denial of service attacks, Internet outages, power outages, war, revolutions, terror attacks, natural disasters, riots, criminal activity, disaster or government actions.
ENTIRE, FINAL, COMPLETE
This Agreement, together with our Privacy Policy, is the entire, final and complete agreement between you and Paradies iP regarding the Services provided by us and supersedes and replaces any and all prior agreements between you and Paradies iP. Our revisions to this Agreement shall be announced on the websites associated with our Services and shall take effect immediately. You agree that you have had the opportunity to review and consider the terms and conditions of this Agreement fully and had the opportunity to consult with legal counsel about the terms and conditions in this Agreement.
© 2021 Paradies iP Solutions LLC
