These Terms of Use (“Terms”) are legally binding terms governing Your use of the Subscriptionbridge.com Service. By accepting these Terms or using the Subscriptionbridge.com Service, you:
If you are not an authorized User, or do not agree to these Terms, you may not use the Subscriptionbridge.com Service.
These Terms were last updated on March 11, 2010.
Cloud Nation may capture User Data when providing the Subscriptionbridge.com Service. User acknowledges and agrees that such User Data will be handled according to the terms of the SubscriptionBridge Privacy Policy, which can be found at https://www.subscriptionbridge.com/privacypolicy.html and is an integral part of these Terms of Use.
Cloud Nation does not guarantee the security of the Subscriptionbridge.com Service or the Data, and Early Impact will not be responsible in the event of any infiltration of the security systems where SubscriptionBridge is hosted. You further acknowledge and agree that Early Impact is not responsible for the security of the Data or information or any other information stored on Merchant’s servers or any other party’s servers. You agree to notify Us immediately of any unauthorized use of your account or password, or any other breach of security. However, You may be held liable for losses incurred by Us or any other User or Merchant due to someone else using your User ID and password or account.
Early Impact is and at all times shall be the sole and exclusive owner of SubscriptionBridge and of all hardware and software that Early Impact has developed, uses or makes available to provide the Subscriptionbridge.com Service, and of any development thereof. Early Impact reserve all rights, title and interest in and to the Services, including all related Intellectual Property Rights.
You shall not access or use the Subscriptionbridge.com Service to: (a) offer, permit or promote gambling; (b) display, transmit or otherwise make available material that is pornographic, obscene, lewd, indecent, or vulgar; (c) display, transmit or otherwise make available material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third party privacy rights; or (d) display or transmit on material promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals, including, but is not limited to, instructions on how to assemble bombs, grenades, and other weapons, and "Crush" SubscriptionBridge.com Services. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Subscriptionbridge.com Service by You; (ii) comply with all applicable laws (including but not limited to export laws) in using the Subscriptionbridge.com Service; and (iii) use the Subscriptionbridge.com Service solely in accordance with its online user guide, which is located at http://wiki.subscriptionbridge.com/
Early Impact may modify the Subscriptionbridge.com Service from time to time in Early Impact’s sole discretion, provided that Early Impact shall make commercially reasonable efforts to ensure that such modifications shall not materially diminish the functionality of the Subscriptionbridge.com Service.
Early Impact may terminate the Subscriptionbridge.com Service and/or Your use of the Subscriptionbridge.com Service may be disabled if the Master Subscription Agreement between Early Impact and the Merchant that offers the Subscriptionbridge.com Service to You is terminated.
If We receive a notice alleging that Your material infringes another party’s copyright, we may disable Your registration in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).
EXCEPT AS EXPRESSLY SET FORTH IN MASTER SUBSCRIPTION AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EARLY IMPACT MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR SOFTWARE, AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY EARLY IMPACT. USER ACKNOWLEDGES THAT EARLY IMPACT HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY OR WITHOUT COMPROMISE OF THE SECURITY SYSTEMS RELATED TO THE SERVICES.
You agree to indemnify and hold Us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Early Impact by any third party due to or arising out of or in connection with Your use of the Subscriptionbridge.com Service.
Except where prohibited by law, in no event will Early Impact be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Early Impact has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Early Impact is found to be liable to You for any damage or loss which arises out of or is in any way connected with your use of the Subscriptionbridge.com Service, Early Impact’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature paid by You or for provision of the services to You in the six months prior to the date of the initial claim made against Us, or (2) US$100.00.
You agree that Early Impact may, in its sole discretion and without prior notice, terminate Your access to the SubscriptionBridge.com Service and/or block Your future access to the SubscriptionBridge.com Service if We determine that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the SubscriptionBridge.com Service. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Early Impact, for which monetary damages would be inadequate, and You consent to Early Impact obtaining any injunctive or equitable relief that Early Impact deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Early Impact may have at law or in equity.
You agree that Early Impact may, in its sole discretion and without prior notice, terminate Your access to the SubscriptionBridge.com Service, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of the SubscriptionBridge.com Service or any service offered on or through the SubscriptionBridge.com Service, or (4) unexpected technical issues or problems.
If Early Impact does take any legal action against You as a result of Your violation of these Terms of Use, Early Impact will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Early Impact. You agree that Early Impact will not be liable to You or to any third party for termination of Your access to the SubscriptionBridge.com Service as a result of any violation of these Terms of Use.
You agree that all matters relating to Your access to or use of the SubscriptionBridge.com Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Early Impact and you arising out of or in connection with Your use of the SubscriptionBridge.com Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If We are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Early Impact administers and operates the SubscriptionBridge.com Service from various locations inside and outside the United States. Although the SubscriptionBridge.com Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the SubscriptionBridge.com Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Early Impact reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
You may not use or export or re-export any product or service offered through the SubscriptionBridge.com Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and Early Impact with regard to Your use of the SubscriptionBridge.com Service, and any and all other written or oral agreements or understandings previously existing between You and Early Impact with respect to such use are hereby superseded and cancelled. Early Impact will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Early Impact’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Early Impact of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Early Impact and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.