Terms of Service

Definitions

For the purposes of these Terms, the following capitalised terms shall have the meanings set out below. Words importing the singular include the plural and vice versa; words importing any gender include every gender; and references to statutes include any statutory modification or re-enactment thereof.

Operator

Drakkar Holdings N.V., an international business company organised under the laws of Curaçao with registered office at Schottegatweg Oost 10, Willemstad, Curaçao, together with its affiliates, successors and permitted assigns.

Service

The drakkarstream.st platform and all sub-domains, APIs, embed codes, players, dashboards, mobile applications, browser extensions, software development kits, and related technical infrastructure made available by the Operator.

User

Any natural or legal person who accesses, registers, uploads, embeds, views, embeds, downloads or otherwise interacts with any part of the Service.

User Content

Any video, audio, image, thumbnail, title, description, caption, subtitle, comment, embed code, livestream, metadata, link, watermark, hyperlink, account information or other material that a User uploads, transmits, embeds, stores, links or otherwise makes available through the Service.

Account

An individual access credential established by registration through which the User interacts with the Service.

Sub-processor

Any third party engaged by the Operator to process data, deliver content, perform technical functions, accept payments, prevent fraud, provide accounting or legal services, or otherwise support the Service.

Applicable Law

All laws, regulations, sanctions, statutes, treaties, codes, rules, ordinances, by-laws and binding court orders that are applicable to the User, to the Operator, to the production or distribution of the User Content, or to the Service.

Mandatory Consumer Law

The body of consumer-protection rules that, in the User's country of habitual residence, cannot be excluded or limited by contract.

Confidential Information

All non-public information disclosed by one party to the other that is identified as confidential or that, by its nature, would reasonably be understood to be confidential.

The Operator

The Service is operated by Drakkar Holdings N.V. ("Drakkar", "we", "us", "our" or the "Operator"), an international business company organised under the laws of Curaçao, with registered office at Schottegatweg Oost 10, Willemstad, Curaçao. The Operator is registered with the Curaçao Chamber of Commerce.

The Operator acts as an information-society / hosting service provider in the meaning of every applicable safe-harbor regime, including without limitation: 17 U.S.C. § 512(a)–(d) ("DMCA"), Article 14 of EU Directive 2000/31/EC ("e-Commerce Directive"), Article 6 of Regulation (EU) 2022/2065 ("Digital Services Act" / "DSA"), Section 5 of the UK Electronic Commerce (EC Directive) Regulations 2002, Section 79 of the Indian Information Technology Act 2000 (read with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021), Section 230(c) of the U.S. Communications Decency Act (where applicable), and analogous safe-harbor provisions worldwide. The Operator's role is limited to providing automated technical infrastructure that hosts and transmits files at the User's direction.

Operator

Drakkar Holdings N.V.

Jurisdiction of incorporation

Curaçao

Registered office

Schottegatweg Oost 10, Willemstad, Curaçao

Service domain(s)

drakkarstream.st and all sub-domains

Capacity

Hosting / transmission service provider — neutral technical intermediary

Legal contact

[email protected]

DMCA agent

[email protected] (registered with the U.S. Copyright Office)

Nature of the Service

The Service consists of automated tools that enable Users to upload, transcode, store, deliver, embed, geo-restrict, watermark, age-gate, monetize and analyse audiovisual content. The Operator does not pre-screen, edit, endorse, sponsor, curate, recommend, verify or assume editorial control over any User Content. The Operator does not host, produce, commission, broadcast or initially publish any content; all content available through the Service is uploaded by independent Users and is hosted, transmitted and routed at the request of the uploading User.

The Service is provided as a neutral, automated technical infrastructure. Any acknowledgement, takedown, suspension, age-gate, geo-block, watermark or other technical action taken by the Operator with respect to User Content is performed in the Operator's capacity as a hosting intermediary in good faith and on the basis of automated rules or third-party notifications. No such action shall be construed as an admission of knowledge, control, ratification, sponsorship, adoption, endorsement or liability with respect to any User Content.

Where the User chooses to embed, link to, or otherwise direct viewers from outside the Service, the User retains full and exclusive responsibility for the suitability and legality of such embedding or linking in every territory where the User Content may be viewed.

Acceptance & eligibility

By creating an Account, uploading, embedding, viewing, or otherwise interacting with the Service, you irrevocably agree to be bound by these Terms and by every policy incorporated by reference, including the Privacy Policy, Acceptable Use Policy, Copyright Policy, DMCA Policy, USC 2257 Statement, Risk Disclosure and Disclaimer. Each of those documents is incorporated by reference and forms an integral part of these Terms.

You represent and warrant, on your own behalf and on behalf of any organisation you act for, that:

• You are at least 18 years of age (or the age of legal majority in your country of habitual residence, if higher) and have full legal capacity to enter into a binding contract.
• The information you provide upon registration is true, accurate, current and complete, and you will keep it so.
• You are not located, ordinarily resident, or a national of any jurisdiction in which use of the Service would violate local law or any sanctions or export-control regime applicable to you or to the Operator.
• You are not on, owned by, or controlled by any person on, any list of restricted persons maintained by the United Nations, the European Union, the United Kingdom, the United States Department of the Treasury (OFAC), or any equivalent body.
• Your use of the Service complies with all Applicable Laws, including laws of the country from which you access the Service and any country to which you direct or distribute User Content.
• You have not been previously suspended, banned or terminated from the Service for any breach of these Terms or of any policy incorporated by reference.
• You enter into these Terms in your own name and as principal, and not as agent for any undisclosed principal.

You acknowledge that the Operator relies on the foregoing representations and warranties in entering into these Terms; any breach of any such representation or warranty is a material breach of these Terms.

Sanctions, export controls & anti-bribery

You represent, warrant and undertake that you will not (i) use the Service in connection with any country, region or party subject to comprehensive economic sanctions (including, without limitation, those administered by the United Nations Security Council, the European Union, the United Kingdom Office of Financial Sanctions Implementation, OFAC, or any equivalent body), (ii) make any payment, gift or transfer of value that would violate any anti-bribery or anti-corruption law (including the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010, and analogous regimes), or (iii) export, re-export, transfer or release any technology, software or service obtained through the Service in violation of any export-control regime. The Operator may suspend or terminate any Account immediately and without liability where the Operator reasonably believes that this clause has been or will be breached.

Account responsibility, verification & KYC

You are solely responsible for (i) the accuracy of all information you provide, (ii) the confidentiality of your credentials, including any API keys or access tokens, (iii) every action taken under your Account, whether or not authorised by you, and (iv) any loss, claim or damage resulting from unauthorised use of your Account. The Operator has no obligation to investigate, verify or recover compromised Accounts.

The Operator may, at its sole discretion and without liability, require any User to undergo identity verification ("KYC"), source-of-funds verification, age verification, sanctions screening, or any other compliance check that the Operator considers necessary or advisable. The User undertakes to cooperate with such verification within seven (7) calendar days of any request, and acknowledges that failure to do so entitles the Operator to suspend, throttle, demonetise or terminate the Account, freeze any pending balance, and disclose information to the relevant authorities.

You will notify the Operator immediately at [email protected] upon becoming aware of any unauthorised access, suspected breach, lost credentials or change in beneficial ownership.

User content & sole liability

"User Content" has the meaning given in the Definitions. The Operator does not, and has no obligation to, pre-screen, monitor, review, edit, ratify or endorse any User Content prior to its publication or at any time thereafter.

By submitting User Content to the Service you declare under penalty of contractual breach and, where applicable, perjury that you:

• Hold full rights to manage the uploaded content or possess every necessary licence to distribute it in every territory where it may be viewed, including (where applicable) the synchronisation, mechanical, public-performance, neighbouring, broadcasting and online-rights for any music, footage, voice-over, brand mark or trademark contained in or used together with the User Content.
• Have obtained the prior, written, freely-given and informed consent of every individual appearing or audibly identifiable in the User Content, including any model release, performer release, talent release or appearance release legally required for the production, publication and distribution of the User Content.
• Will present documentation confirming all of the foregoing (proof of rights, written licences, model releases, performer records, age-verification IDs, broadcasting permits) to the Operator immediately upon request and in any case within forty-eight (48) hours.
• Have notified the Operator at least twenty-four (24) hours in advance where the User Content falls within the categories listed in the Acceptable Use Policy — Pre-upload notification.
• Have, where applicable, obtained and retained the records required by 18 U.S.C. § 2257 / 28 C.F.R. § 75 in respect of every performer appearing in the User Content (see the USC 2257 Statement).

You further acknowledge and agree that:

• You are the sole producer, publisher, broadcaster, copyright holder and rights-holder of all User Content you upload, in the meaning of every applicable copyright, neighbouring-rights, broadcasting, advertising, age-verification, recordkeeping and consumer-protection regime.
• The Operator is not the producer, publisher, broadcaster, copyright holder or rights-holder of any User Content. The Operator's role is strictly limited to hosting, transcoding, caching and delivering files at the User's direction.
• You bear sole, absolute, exclusive and unconditional liability for User Content, including all civil, criminal, regulatory, fiscal, administrative and reputational consequences in any jurisdiction in which the User Content is uploaded, hosted, transmitted or viewed.
• You waive every claim against the Operator arising out of any action the Operator takes (or omits) in good faith with respect to User Content, including removal, restriction, demonetisation, restoration, disclosure to authorities, preservation pending investigation, or watermarking, regardless of whether the underlying allegation is ultimately substantiated.
• The Operator may at any time, on the basis of an automated filter, an official notification, or a credible third-party notification, remove, block, disable, geo-restrict, age-gate or de-list any User Content, with or without notice, without liability of any kind.

License granted to the Operator

You grant the Operator and its sub-processors a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sublicensable licence to host, store, copy, cache, transcode, segment, encrypt, watermark, transmit, distribute, display, perform, embed, geo-restrict, age-gate and create technical derivative works of User Content, in any media now known or later developed, to the extent necessary or useful to (i) operate, secure, optimise and promote the Service, (ii) perform contractual obligations, (iii) comply with Applicable Law and any binding court or regulator order, and (iv) preserve evidence in respect of any actual or threatened claim.

The licence is personal to the Operator and to its sub-processors acting on the Operator's behalf. It survives the deletion of any individual file to the extent reasonably necessary for backup, audit, legal-hold, fraud-prevention or aggregated analytics, and survives termination of these Terms in respect of cached copies that have not yet expired on third-party networks.

Where the User Content includes any logo, trademark or service mark of the User or of a third party for whom the User has authority to act, the licence granted under this clause extends to the use of that mark solely as embedded in the User Content and solely to the extent reasonably necessary to display, transmit and embed the User Content as part of the Service.

Trademark license & feedback

You grant the Operator a non-exclusive, worldwide, royalty-free licence to use any logo, trade name, service mark or trademark you submit through the Service for the purpose of identifying you within the Service, in directories, in case studies, and in marketing materials referring to your use of the Service. You may revoke this licence at any time by written notice to [email protected]; revocation is prospective only.

If you submit any feedback, suggestion, idea, enhancement request, recommendation or other input regarding the Service ("Feedback"), you irrevocably assign to the Operator all right, title and interest in and to such Feedback (including all intellectual property rights), and waive any moral rights you may have in such Feedback to the maximum extent permitted by Applicable Law. The Operator is under no obligation to use, attribute or compensate you for any Feedback.

Prohibited uses

The Service may not be used for any purpose listed in the Acceptable Use Policy, which is incorporated here by reference and forms part of these Terms. Violation of the Acceptable Use Policy is a material breach of these Terms and entitles the Operator to take any of the actions set out in the suspension & termination section immediately and without notice.

Without limiting the foregoing, you shall not, and shall not permit any third party to:

• Reverse-engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works based on the Service or any component thereof.
• Bypass, circumvent or attempt to bypass any technical protection, geo-block, watermark, age-gate, rate-limit, quality-cap, paywall, encryption or access control of the Service.
• Probe, scan, test the vulnerability of, or breach any authentication or security measure of the Service or its supporting infrastructure (other than via a bona-fide responsible-disclosure programme operated by the Operator).
• Interfere with, disrupt, overload, denial-of-service or impair the Service or any other User's enjoyment of it.
• Scrape, harvest, index, mirror or otherwise systematically extract any portion of the Service or any User Content, except by means of an API expressly published by the Operator and used in accordance with its rate limits and terms.
• Resell, repackage, sublicense, lease, lend or otherwise commercially exploit access to the Service except as expressly permitted in writing by the Operator.
• Use the Service to develop or train any artificial-intelligence model, large-language model, recommendation system or competitive product.
• Misrepresent your identity, your affiliation with any person or entity, or the source or ownership of User Content.

Anti-circumvention

The Service incorporates technical protection measures and access controls. Any attempt to circumvent, defeat or interfere with such measures, including by re-encoding embeds for delivery on unauthorised players, by stripping watermarks, by impersonating Operator infrastructure, or by tunnelling Service traffic through proxies that misrepresent the User's geographic location or identity, is a material breach of these Terms and may also constitute a violation of 17 U.S.C. § 1201 (DMCA anti-circumvention), Article 6 of EU Directive 2001/29/EC (InfoSoc Directive), and analogous national laws. The Operator reserves all available remedies in equity and at law, including injunctive relief and statutory damages.

Monetization & payouts

Where the User opts into monetization, the Operator computes revenue on a CPM-basis applied to qualified views, as those concepts are defined and from time to time updated in the platform analytics. The User acknowledges and agrees that:

• Tier rates, qualification thresholds, payout schedules, payout methods and minimum balances may be revised by the Operator at any time, with prospective effect, without individual notice.
• Revenue is not guaranteed, is subject to fraud-prevention review, and may be adjusted, withheld, reversed, clawed-back or forfeited at the Operator's discretion where the Operator reasonably suspects invalid, manipulated, fraudulent or non-qualified traffic, or where the underlying User Content is determined to violate Applicable Law or the Acceptable Use Policy. See the Risk Disclosure.
• Payouts are processed once the balance reaches the published minimum threshold and after applicable verification, anti-fraud, anti-money-laundering, sanctions-screening and tax checks have completed.
• Payment-processor fees, intermediary-bank fees, currency-conversion fees and reversal/charge-back losses are borne by the User and may be deducted from the payout or set off against future earnings.
• The Operator may set off any amount owed by the User to the Operator (including overpayments, fraud claw-backs and indemnification amounts) against any pending balance.
• Where the Operator terminates an Account for breach, all pending balances reasonably attributable to the breach are forfeited, without further compensation.

Tax representations

The User is solely responsible for declaring all amounts received from the Service as income in the User's home jurisdiction and for paying any income tax, value-added tax, sales tax, withholding tax, social-security, social-insurance or other levy due. The Operator is not a tax advisor and is not a withholding agent unless and to the extent expressly required by Applicable Law. The User will provide tax-residency certifications and other tax documentation reasonably requested by the Operator within thirty (30) days of any request. The User indemnifies the Operator in full against any claim, fine, interest or penalty assessed by any tax authority arising from the User's failure to declare or pay any tax, levy or contribution.

Premium subscriptions

Premium plans (Monthly, 120-day, Annual) are sold on a non-refundable, non-pro-rated, non-transferable basis. Cancellation prevents auto-renewal but does not entitle the User to a refund of any unused portion. Premium fees are charged in advance for the full subscription period. Statutory cooling-off rights, where mandatorily applicable to the User as a consumer, are not waived by this clause.

The Operator may modify the features, quotas or pricing of any premium plan with prospective effect on thirty (30) days' notice, in which case the User may cancel before the change takes effect. Charge-backs disputed without first contacting [email protected] may result in immediate Account suspension and forfeiture of all balances.

Beta & experimental features

The Operator may from time to time make available "beta", "preview" or "experimental" features. Such features are provided strictly "AS-IS", may be unstable, may be modified or discontinued at any time without notice, and are excluded from any service-level commitment. The Operator's total liability in respect of any beta feature is limited to USD 0. The User accepts the risk of using any beta feature and waives any claim arising from it.

Suspension & termination

The Operator may, at its sole and absolute discretion, with or without notice, with or without cause, and without liability of any kind, do any one or more of the following:

• Remove, restrict, demonetise, age-gate, watermark, geo-block or de-list any User Content.
• Suspend, throttle, restrict or terminate any Account.
• Freeze, claw back, forfeit or set off any pending or paid balance reasonably attributable to fraudulent, infringing or non-compliant activity.
• Disclose User information to law enforcement, regulators, payment processors, rightsholders or claimants where the Operator believes in good faith that disclosure is necessary, advisable or legally required.
• Refuse to allow the same person, IP range, payment instrument or beneficial owner to register a new Account.
• Preserve User Content and metadata for evidentiary purposes following a takedown or termination, for the period reasonably required to respond to legal process.

Termination does not relieve the User of any obligation accrued before termination, and does not affect any clause that by its nature is intended to survive termination.

No warranties

To the maximum extent permitted by Applicable Law, the Service, including all content, features, software, infrastructure, analytics, recommendations and related materials, is provided "AS-IS" and "AS-AVAILABLE", with all faults, without warranty of any kind. The Operator expressly disclaims all warranties whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, currency, error-free or uninterrupted operation, security, immunity from malware or unauthorised access, achievement of any particular result, conformity with description or sample, satisfactory quality, and quiet enjoyment.

No oral or written information given by the Operator, its employees, contractors, sub-processors or affiliates shall create any warranty not expressly stated in these Terms. Statements made on the Operator's website, in marketing material, or in customer-support correspondence are for general informational purposes only and shall not be construed as warranties.

Without limiting the foregoing, the Operator does not warrant that (i) the Service will meet the User's requirements, (ii) the Service will be available on an uninterrupted, timely, secure or error-free basis, (iii) the results obtainable from use of the Service will be accurate or reliable, (iv) defects in the Service will be corrected, or (v) any User Content or analytics is accurate, complete or current.

Limitation of liability

To the maximum extent permitted by Applicable Law, in no event shall the Operator, its affiliates, directors, officers, employees, agents, sub-processors or licensors be liable to the User or to any third party for:

• Any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, loss of use, business interruption or cost of substitute services, even if advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.
• Any damages arising out of or relating to (i) User Content, (ii) the conduct of any third party, (iii) unauthorised access to or alteration of any data, (iv) statements or conduct of any third party on the Service, (v) any matter outside the Operator's reasonable control, (vi) any takedown, restriction, demonetisation or termination action taken by the Operator in good faith, or (vii) any beta or experimental feature.

The Operator's aggregate liability for all claims arising out of or relating to these Terms or the Service, regardless of the form of action (contract, tort, statute, restitution or otherwise), shall not exceed one hundred United States dollars (USD 100). The existence of multiple claims, multiple Users acting jointly, or multiple events shall not enlarge this cap. This cap applies on a per-User, lifetime basis.

Indemnification

You agree to defend, indemnify and hold harmless the Operator, its affiliates, directors, officers, employees, contractors, sub-processors, licensors and successors against any and all claims, demands, actions, proceedings, losses, liabilities, damages, fines, penalties, court-awarded amounts, court costs, mediation and arbitration fees, expert-witness fees, settlement amounts, payment-processor charge-backs, regulatory penalties, and reasonable legal fees and disbursements on a full-indemnity basis, arising out of or in connection with:

• Any User Content uploaded, transmitted, embedded or stored under your Account.
• Your breach of these Terms or any policy incorporated by reference.
• Your violation of any Applicable Law or any third-party right (including intellectual property, performer, publicity, privacy, advertising, age-verification, broadcasting or consumer-protection rights).
• Any tax, levy, social contribution or withholding payable by you on amounts received.
• Any misrepresentation, fraud, deceit or wilful concealment by you.
• Any third-party claim that any User Content infringes intellectual-property, performer, publicity or privacy rights.

The Operator reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with the Operator's defence at your cost. You may not settle any matter without the Operator's prior written consent. This indemnity is in addition to, and not in limitation of, any other right or remedy of the Operator.

Force majeure

The Operator shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including without limitation: acts of God, war, terrorism, civil unrest, riot, government action, sanctions, embargoes, pandemic, epidemic, fire, flood, earthquake, severe weather, internet, cloud, CDN or upstream-provider outages, denial-of-service attacks, supply-chain disruption, shortage of bandwidth, processing capacity, energy or labour, strikes, lockouts, industrial disputes, currency restrictions, change in Applicable Law, or compliance with legal process. The Operator's performance shall be excused for the duration of the force-majeure event and a reasonable period thereafter.

Dispute resolution — arbitration & class-action waiver

Subject to Mandatory Consumer Law that cannot be waived by contract, any dispute, claim or controversy arising out of or relating to these Terms, the Service, or any related interaction between the parties, whether sounding in contract, tort, statute, restitution or equity, shall be resolved exclusively by final and binding arbitration administered by the Netherlands Arbitration Institute (NAI) in accordance with its rules in force at the time the arbitration is commenced. The seat of arbitration shall be Willemstad, Curaçao. The language of arbitration shall be English. The arbitral tribunal shall consist of one arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

The arbitrator shall have exclusive authority to decide the arbitrability of any claim, including any challenge to the validity, scope or enforceability of these Terms, of this arbitration clause, or of the class-action waiver below.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction in aid of arbitration or to protect intellectual-property rights, confidentiality or anti-circumvention obligations, without thereby waiving the agreement to arbitrate.

Statute of limitations

Any cause of action by the User against the Operator arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. After this period, any such cause of action is permanently barred. This clause does not apply to the extent prohibited by Mandatory Consumer Law.

Governing law & venue

These Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of Curaçao, without regard to conflict-of-laws principles. Subject to the arbitration clause above, the courts of Willemstad, Curaçao have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is excluded.

Each party irrevocably submits to the exclusive jurisdiction of those arbitral tribunals and courts and waives any objection to the laying of venue or to the bringing of any action in those forums on the basis of forum non conveniens.

Notices

Notices to the Operator must be sent in writing in English to [email protected] and, where the matter is one of legal process, also by registered post or courier to the Operator's registered office in Willemstad, Curaçao. Notices to the User may be sent via in-product message, account dashboard, or to the email address of record, and are deemed received twenty-four (24) hours after dispatch. The User shall keep the email address of record current at all times; failure to do so does not affect deemed receipt.

Changes to these Terms

The Operator may modify these Terms at any time by posting an updated version at this URL. Material changes will be flagged with an updated "Last updated" date and, where reasonably practicable, notified via in-product banner or account email at least fourteen (14) days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Construction

Headings are for convenience only and shall not affect the construction or interpretation of these Terms. Words importing the singular include the plural and vice versa. References to "including", "for example" or "such as" mean without limitation. References to a statute, regulation or rule include any successor or replacement thereof. The rule of construction known as contra proferentem shall not apply to these Terms; these Terms shall be interpreted as if drafted jointly by the parties.

Severability & survival

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court or arbitral tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. The unenforceable provision shall be modified to the minimum extent necessary to render it enforceable while preserving its commercial intent. If such modification is not possible, the unenforceable provision shall be severed and the remainder of these Terms shall continue in full force and effect.

The following sections survive termination of these Terms: Definitions, User content & sole liability, License granted to the Operator, Trademark license & feedback, Tax representations, No warranties, Limitation of liability, Indemnification, Arbitration & class waiver, Statute of limitations, Governing law & venue, Notices, Construction, Severability & survival, and Miscellaneous.

Miscellaneous

• Entire agreement. These Terms (together with the policies incorporated by reference) constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, representations or agreements, whether oral or written, with respect to their subject matter.
• No reliance. Each party acknowledges that, in entering into these Terms, it has not relied on any statement, representation, warranty or undertaking that is not expressly set out in these Terms.
• No waiver. Failure or delay by either party to enforce any provision of these Terms shall not constitute a waiver of any right; no waiver shall be effective unless in writing and signed by an authorised representative.
• Assignment. The User may not assign, transfer, charge or sublicense these Terms or any right or obligation under them without the prior written consent of the Operator. The Operator may assign these Terms freely, including in connection with a merger, acquisition or sale of all or substantially all of its assets, without the consent of the User.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, agency, fiduciary, franchise or other similar relationship between the User and the Operator.
• No third-party beneficiaries. No person other than the parties has any right to enforce any term of these Terms, except that the indemnification clause may be enforced by the indemnified persons named in it.
• Cumulative remedies. All rights and remedies under these Terms are cumulative and are in addition to any other rights and remedies available at law or in equity.
• Equitable relief. The User acknowledges that breach of the User Content, Anti-circumvention or Confidentiality clauses would cause the Operator irreparable harm for which damages would be inadequate, and consents to the granting of injunctive or other equitable relief without the need to post bond or prove actual damages.
• Compliance with sanctions. The User shall comply with all applicable sanctions, export-control and anti-bribery laws as set out in the Sanctions, export controls & anti-bribery clause.
• Electronic signatures. The User consents to the use of electronic signatures, electronic records and electronic communications under these Terms and waives any right or requirement under any law that documents be signed by hand or stored on paper.
• Notices to law enforcement. The Operator may, without further notice to the User, forward any User information, User Content or metadata to law enforcement, regulators, payment processors, rightsholders or claimants where required by law or where the Operator reasonably believes such disclosure is necessary or advisable.
• Language. The English version of these Terms is the sole authoritative version; any translation is provided for convenience only and shall not affect the construction of these Terms.