Our Website provides you with articles, tips, ratings, scores, information, prices, opinions and features (“Content”) of third party VPN products and services (“Third Party Service(s)”) for the purpose of enabling you to make an informed decision when you choose to purchase or subscribe to an applicable VPN. The Content is provided either by us or by our partners or by other users and professionals, all which is made available, for free, through the Website. Our reviews of these Third Party Services are based on our experience, research and inputs.
The Website and Content are provided to you solely for your personal and non-commercial use. You hereby agree you will not:
- sublicense, resell, lease, assign, transfer, scrape, share or otherwise commercially exploit the Website or Content;
- use the Website in any fraudulent or unlawful manner or infringe third party’s privacy or proprietary right;
- violate any applicable local, state, national, or international law or for any unlawful, harmful, irresponsible, or inappropriate purpose;
- use the Website in any way that violates these Terms;
- use, access or attempt to access the Service with any automated means, including robots, scrapers, etc.; or
- use Company’s name, logo or trademarks without Company’s prior written consent.
We receive referral fees (e.g., through affiliated programs) from our third party affiliates, partners and service providers (“Service Providers”). For more information on the affiliated referral fees and if you wish to learn how we rate and rank please visit our “How We Rate” page: https://top5vpnforchina.com/how-we-rate/ .
THE CONTENT AND WEBSITES
The Website displays links to the third-party sites which are not owned or operated by us (“Third-Party Site(s)”). By entering the Third-Party Sites, you will be subject to their terms and privacy policies, we recommend you to carefully review the applicable terms and privacy policies, verify their practices and restrictions. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS NO CONTROL OVER THE THIRD-PARTY SITES, THE COMPANY IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE ACCURACY OF THE CONTENT PROVIDED THEREIN OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY SITES OR THE THIRD PARTY SERVICES AVAILABLE AND PROVIDED THEREIN. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INCOMPLETENESS, APPLICABILITY OR RELEVANCE OF THE CONTENT OR THIRD-PARTY SITE. THE COMPANY DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS.
The Website and Content are protected by international copyright laws or any other intellectual property laws. Such materials may contain design, text, images, information, logos, photographs, illustrations, artwork, graphic material and all copyrightable or otherwise legally protectable elements of the Website including, without limitation all trademarks, service marks and trade names and excluding the Third-Party Sites (individually or collectively, “Protected Content”). Except as permitted by Company, you may not copy, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, display, sell or otherwise use any of the Protected Content, including any derivative works therein. The Company retains all right, title ownership and interest in and to the Protected Content to the fullest extent possible under applicable law.
USER GENERATED CONTENT
The user generated content (“UGC“), refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us, such as: comments, reviews, remarks, etc. You hereby undertake and agree that the UGC uploaded by you may not: (i) violate any applicable law; (ii) contain hateful content, including but to limited to violence and racism based on religion, discriminatory, age, gender identity, sexual orientation, ethnic, nationality and ethnic origin, contain adult and pornography content; (iii) contain any content or engages in a behavior which may infringe in any way third party intellectual property or privacy rights; and (iv) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product. If we believe, in our sole discretion, or we discover that the UGC provided by you violates or may violate any of the aforesaid, we will have the sole and absolute right to remove, delete and band such UGC from our site. You acknowledge that the company might monitor the UGC and may remove any part thereof at its sole discretion. Nonetheless, the company has no obligation to monitor the UCG and the responsibility and liability with respect to the UCG and its compliance with the law is obliged on you. By submitting, posting, or displaying UGC you grant Company with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC uploaded by you.
The Company does not warrant that the Website or any Content will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. The Company reserves the right to add additional features or content at any time or to modify, correct, amend, enhance, improve (“Modifications”) these ToS at any time. Such Modifications shall be enforced upon publication of the amended ToS as reflected in the “Last Update” heading. Your continuance of use of the Website thereafter constitutes your full agreement and consent to such Modifications and you agree to be bound by them. We recommend you review our terms periodically.
You represent and warrant that you are at least 13 years of age, and we reserve the right to request proof of age. We make best efforts to ensure minors don’t use our service and Website. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you discover we collect data on minors please contact us at email@example.com.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE WEBSITE OR CONTENT INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. THE COMPANY MAKES NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, RELIABLE OR ACCURATE.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO THE USE OF, OR THE INABILITY TO USE OR ACTION TAKEN IN RELIANCE UPON, THE COTNET OR WEBSITE AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONTENT AVAILABLE THEREIN.
You agree to indemnify and hold the Company, including without limitations its employees, consultants and its affiliates or other partners, harmless from any alleged claim or demand (including attorneys’ fees) made by any third party arising out of your use of the Website.
At any time, you may stop using the Website. We reserve the right, at any time, to terminate, suspend or modify any aspect of the Website or these ToS. We shall not be liable for any of the termination or suspension. In the event of a breach, these ToS will automatically terminate.
You hereby agree to resolve any claim by binding and exclusively arbitration by the American Arbitration Association “AAA”. Further, You and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties’ individual capacity and not as a class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. If you wish to opt-out of this arbitration provision, you must provide the Company with a written and signed statement of your wish to opt-out which shall include your full name, address and other contact details.
This provision will survive the termination of these Terms.
These ToS shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods. You hereby agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. Any cause of action you might have relating to the service is limited in time to two (2) year from the arising incident, and will be permanently barred afterwards.
This provision will survive the termination of these Terms.
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