Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1. Application and Acceptance of the Terms
1.2 You may not access or use the Services or the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with GotAuthentic, or (b) you are not of legal age to buy from and/or sell to other Users of the Site.
1.3 GotAuthentic may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to access or use the Services or the Site, you agree that the amended and restated Terms will apply to you.
1.4 If GotAuthentic has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Site.
1.5 When you sell items to and purchase items from other User(s), you enter into separate agreement(s) with each User (“Additional Agreement”).
1.6 The Terms may not otherwise be modified except in writing by GotAuthentic.
2. Provision of Services
2.1 If you are a registered member of the Site, you are contracting with Got Authentic LLC having its registered office in 2708 Lookout View Drive, Golden, CO 80401, United States. Tax ID (EIN): 88-2278277.
2.2 You must register as a member on the Site to access and use some Services. Further, GotAuthentic reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that GotAuthentic may impose in our discretion.
2.3 GotAuthentic may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 GotAuthentic may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) and parts of the Site or the Site as whole without prior notice.
2.5 Some Services (or part thereof) may be provided by GotAuthentic’s affiliates on behalf of GotAuthentic.
2.6 GotAuthentic offers paid and free membership plans (“Plan”). Upon contracting with us, the User chooses one of the Plans on the Site from the current portfolio.
2.7 In the case of the free plan the User is not obliged to pay a consideration to us for the use of the Site and its Services. In the free plan, we are entitled to change any membership benefit allowances offered to the User as well as other parameters of the plan.
2.8 In the case of the paid plan the User is obliged to pay a fee for the use of the Services in the amount specified by GotAuthentic for each plan on our Site, and the amount of the fee may depend on the type of the plan. In paid plans, we are entitled to change the amount of the fee, the membership benefit allowances included with the paid plan including free credit and tokens offered to the User as well as other parameters of the plan, for the future period for which the User did not pay the fee.
2.9 GotAuthentic is entitled to cancel its Plans.
2.10 The User is entitled to change the paid plan at the end of the plan’s validity. If the User switches from a paid plan to the free plan or from a higher-class paid plan (i.e., with higher fee) to a lower-class paid plan (i.e., with lower fee), the User acknowledges that a part or all of the membership benefit allowances provided with the higher plan may be inaccessible to the extent as it exceeds the limits defined for the plan type to which the User has switched.
2.11 All prices are to be taken from the Price list on the Site.
2.12 In case the paid plan payment is made in the form of Subscription Fee for a certain period the User shall pay the Subscription Fee for the next time period to us always before the expiry of the ongoing time period. By failing to do so the User will be switched from the paid plan to a free plan and will lose all unused value in kind. The User may also lose other privileges previously associated with the paid plan.
2.13 Payment services are provided by and processed through PayPal. PayPal Terms and conditions and pricing apply for all payment services.
2.14 To sell items using the Services and Site the User is obliged to have a valid PayPal account that must be linked to the User’s GotAuthentic profile. One PayPal account may be used for one User only.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Site or Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with GotAuthentic, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from GotAuthentic is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 GotAuthentic may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the website. You acknowledge that GotAuthentic has no control over such third parties' website, does not monitor such website, and shall not be responsible or liable to anyone for such website, or any content, products or services made available on or through such websSite.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of GotAuthentic and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of GotAuthentic’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any logos, trademarks, service marks, brands, description/information in the item listing, and any other information, content or material on the Site (any of such information, content or material, collectively referred to as “User Content”) or providing any User Content to GotAuthentic and/or its affiliates and their respective representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to GotAuthentic and/or its affiliates and their respective representative(s) to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using the User Content, remove any part of it (including, without limitation, the watermark or mark the User Content bears), and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner, on the Site, and/or Third Party Channels and for any purpose which may be beneficial, whether directly or indirectly, to GotAuthentic, the operation of the Site, the provision of any Services and Promotion Services and/or the business of the User. You confirm and warrant to GotAuthentic that you have all the rights, power and authority necessary to grant the above license and the User Content and use of such User Content (including derivative works) by GotAuthentic and/or its affiliates under such license is free from any infringement or violation of any Third Party Rights (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive your right to enforce your Intellectual Property Rights in the User Content against GotAuthentic and/or its affiliates, assignees or sub-licensees in connection with use of such User Content in connection with the Services. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
4.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with GotAuthentic’s approval, one User may only register one member account on the Site. GotAuthentic may cancel or terminate a User’s member account if GotAuthentic has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, GotAuthentic may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, GotAuthentic shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify GotAuthentic immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all use of the Site and Services, and all activities that occur under your account (including without limitation, posting any information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending messages) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users to use your account (collectively, "multiple use"), may cause irreparable harm to GotAuthentic or other Users of the Site. Member shall indemnify GotAuthentic, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, GotAuthentic shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use of the Site and Services will be for personal purposes only.
5.2 Member will be required to provide information about your shipping location as part of the registration process on the Site for your access to and use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Members are entitled to create and maintain a digital collection of their personally owned sports memorabilia and gear (“Item”) on the Site and use the Services to present the Item, sell Item to and purchase Item from other Members,
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to own, sell, trade, or export or offer the Item and such ownership, sale, trade, or export or offer does not violate any Third Party Right; and (d) neither the Member nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products online.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, price gouging or false advertising) or promote any activities which may violate any applicable laws and regulations;
f) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Site in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate GotAuthentic’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by GotAuthentic and/or any user of the Site or gain unauthorized access to such data, systems or networks;
k) not engage in any activities that would otherwise create any liability for GotAuthentic or our affiliates.
5.7 Member may not use the Site, Services or member account to engage in activities which are identical or similar to GotAuthentic’s e-commerce marketplace business.
5.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for GotAuthentic’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, GotAuthentic shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
5.10 Member acknowledges and agrees that GotAuthentic reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Site. GotAuthentic does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member with the exception of the GotAuthentic certified items. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.11 Member acknowledges and agrees that the Site and Services may only be used by individual consumers or for personal use.
5.12 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
5.13 Each Member represents, warrants and agrees that
(a) you only offer Items that you personally own and are in physical possession of;
(b) the Item you offer is in the exactly matching condition as described in the Item listing;
(c) you will not make any attempt to defraud other Member when selling and/or buying an Item.
If, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately. If GotAuthentic reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, GotAuthentic may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to, terminating the provision of Services to you, closing relevant purchase orders, and terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its members.
6. Breaches by Members
6.1 GotAuthentic reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Site which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject GotAuthentic or our affiliates to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or GotAuthentic or our affiliates, or (vi) is otherwise found inappropriate in GotAuthentic’s sole discretion.
6.2 If any Member breaches any Terms, or if GotAuthentic has reasonable grounds to believe that a Member is in breach of any Terms, GotAuthentic shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by GotAuthentic in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any Item listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as GotAuthentic may consider appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from another Member, GotAuthentic has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such other Member including without limitation where a Member who sells Item using the Site and Services has failed to deliver such Item to the such Member after receipt of the purchase price, or where the Items such Member has delivered materially fail to meet the condition, and / or descriptions outlined in the Item listing,
b) GotAuthentic has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) GotAuthentic has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or d) GotAuthentic believes that the Member’s actions may cause financial loss or legal liability to GotAuthentic or our affiliates or any other Users.
6.4 GotAuthentic reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, GotAuthentic may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. GotAuthentic shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against GotAuthentic for such disclosure.
6.7 Each Member further agrees that GotAuthentic is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Site or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. GotAuthentic reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with GotAuthentic in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 Through the Site, GotAuthentic provides electronic web-based platform for exchanging information between buyers and sellers of Items. GotAuthentic additionally provides electronic web-based transaction platform for Members to place, accept, conclude, manage and fulfill orders for the provision of Items online within the Site. However, for any Services, GotAuthentic does not represent either the seller or the buyer in specific transactions. GotAuthentic does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the Items offered for sale on the Site, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Because user verification on the Internet is difficult, GotAuthentic cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Buyers and sellers accessing or using the Site or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Site or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the Items that are the subject of the transactions on the Site. Examples of such risks shall include, but are not limited to, mis-representation of Items, fraudulent schemes, unsatisfactory Item quality, failure to meet specifications, defective Items, delay or default in delivery or payment, cost mis-calculations, breach of contract, transportation accidents, the risk that the importation, export, offer, display, purchase, sale and/or use of Items offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from other third parties that they have suffered injuries or harm from their use of the Item obtained through the Site or Services. All of the foregoing risks are referred to as "Transaction Risks". GotAuthentic is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Buyers and sellers on the Site are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 User agrees to provide all information and materials as may be reasonably required by GotAuthentic in connection with your transactions conducted on, through or as a result of use of the Site or Services. GotAuthentic has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify GotAuthentic from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY GOTAUTHENTIC ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND GOTAUTHENTIC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTAUTHENTIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; GOTAUTHENTIC DOES NOT REPRESENT OR WARRANT THAT THE OWENRSHIP, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GOTAUTHENTIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
8.3 Any material downloaded or otherwise obtained through the Site or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to GotAuthentic’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from GotAuthentic or through or from the Site shall create any warranty not expressly stated herein.
8.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall GotAuthentic or our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and hold GotAuthentic and our affiliates Harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Site or Services (including but not limited to the submission, posting or display of such User's information and User Content on the Site, or Third Party Channels) or from your breach of any of the representations, warranties hereunder and the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold GotAuthentic and our affiliates harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to GotAuthentic, including but not limited to those set forth in clause 6 hereunder.
8.6 Each User hereby further agrees to indemnify and save GotAuthentic, our affiliates, harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to the User Content, information and/or Items offered or displayed on the Site. Each User hereby further agrees that GotAuthentic is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. GotAuthentic reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with GotAuthentic in asserting any available defenses.
8.7 GotAuthentic shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site or Services;
c) violation of Third Party Rights or claims or demands that User's ownership, importation, exportation, distribution, offer, display, purchase, sale and/or use of Items offered or displayed on the Site or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Site or Services; or;
f) any matters relating to the Site or Services, however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of GotAuthentic, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Site or Services during any calendar year shall be limited to the the amount of fees the User has paid to GotAuthentic in exchange for the access to or use of the Site or Services during the calendar year. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not GotAuthentic has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 GotAuthentic shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons: (i) system shut-down for maintenance; (ii) inability to transmit data due to failures in communications terminals or telecommunications equipment; (iii) systems failure and inability to perform its functions) due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or (iv) suspension or delay of services or systems failure due to reasons beyond the reasonable control of GotAuthentic such as hacker or cyber attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
10. Intellectual Property Rights
10.1 GotAuthentic is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with GotAuthentic, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by GotAuthentic are hereby reserved.
10.2 "GOTAUTHENTIC" and related icons and logos are registered trademarks or trademarks or service marks Got Authentic LLC, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
10.3 GotAuthentic may have independent third parties involved in the provision of the Site or Services (e.g., the authentication and verification service providers, payment service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
10.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by GotAuthentic and/or its affiliates using User Content pursuant to the Terms shall belong to GotAuthentic, which may be freely assignable, licensable or grantable by GotAuthentic to any third party or its affiliates.
11. Data processing agreement
11.2 These Terms also contain the terms of the contract for the processing of personal data under Article 28 et seq. GDPR, as follows.
11.3 GotAuthentic may process personal data to the extent specified in these terms and conditions for the User as processor within the meaning of Article 4 point 2 and Article 28 GDPR.
11.4 The processing of personal data will be processed by GotAuthentic for the duration of the contract concluded in accordance with these Terms. Our obligations regarding the protection of personal data are binding on us for the entire duration of this contract.
11.5 GotAuthentic processes personal data solely on the basis of User's instructions made in accordance with this Agreement.
11.6 GotAuthentic adheres to the confidentiality of the processed personal data and ensures that the persons authorized to work with the User's personal data at GotAuthentic are bound to confidentiality.
11.8 GotAuthentic undertakes to observe the conditions for the involvement of the other processor referred to in Article 32 of the GDPR. GotAuthentic processes personal data with the help of carefully selected other processors. Primarily analytical and marketing tools or accounting services.
11.9 GotAuthentic is obliged to delete all personal data and copies thereof at User's request or return it to the User upon termination of the Agreement. GotAuthentic will delete all data within 60 days.
11.10 GotAuthentic is obliged to keep records of the processing of personal data under the Agreement at least to the extent stipulated in paragraph 2 of Article 30 GDPR.
11.11 Any suspicion of a personal data breach or any other unauthorized access to personal data shall be notified by GotAuthentic no later than 24 hours after the discovery.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and GotAuthentic with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 GotAuthentic and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
12.5 GotAuthentic’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of GotAuthentic’s right to act with respect to subsequent or similar breaches.
12.6 GotAuthentic shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of GotAuthentic). You may not assign, in whole or part, the Terms to any person or entity.
12.7 Legal acts, notices or other communication, including potential requests, foreseen according to these Terms may be performed between the parties in writing or by e-mail communication; the e-mail address used for the e-mail communication shall be the e-mail address of GotAuthentic published on the Site and the User’s e-mail address provided by the User in the process of creating the user account and, as the case may be, subsequently communicated to GotAuthentic.
12.8 This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the state of Colorado (without regard to Colorado’s conflicts of laws rules). You agree on behalf of yourself and any person claiming by or through you to submit to the sole and exclusive jurisdiction and venue of the federal and state courts in the State of Colorado, Jefferson County, for any action relating to, or arising out of, this Agreement or the subject matter hereof.
12.9 In the case of variation between the language versions, the English version of these Terms prevails.
12.10 These Terms and Conditions are valid and effective from 1st May 2022.