Please read carefully the provisions of these Terms of Use (the “Agreement” or “Terms of Use”). It is a legal agreement between you and 7th Haven Global Services Inc. (“7th haven”, “we”, or “us”) regarding the use of our online and/or mobile services, website, and software provided by us (collectively known as the “7th haven Service”). By accessing or using the 7th haven Service, you agree that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a registered user of the 7th haven Service. We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend This Agreement, we will give you at least seven (7) days’s notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the 7th haven Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the 7th haven Service. This Agreement applies to all visitors, users, and others who access the 7th haven Service (“Users”).
USE OF OUR SERVICE
ELIGIBILITY
You may use the 7th haven Service only if you can form a binding contract with 7th haven, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18 of age, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the 7th haven Service. Any use or access to the 7th haven Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the 7th haven Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. 7th haven reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
7TH HAVEN ACCOUNT
You must create an account in order to gain access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. You may not use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 7th haven immediately of any breach of security or unauthorised use of your account. 7th haven will not be liable for any losses caused by any unauthorised use of your account.SERVICE RULES
You agree not to engage in any of the following prohibited activities in connection with the 7th haven Service:
1. copying, distributing, or disclosing any part of the 7th haven Service in any medium, including without limitation by any automated or non-automated “scraping”;
2. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the 7th haven Service in a manner that sends more request messages to the 7th haven servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
3. transmitting spam, chain letters, or other unsolicited email; iv. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the 7th haven Service; v. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the 7th haven Service;
5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6. uploading invalid data, viruses, worms, or other Application agents through the 7th haven Service;
7. collecting or harvesting any personally identifiable information, including account names, from the 7th haven Service;
8. using the 7th haven Service for any commercial purposes;
9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
10. interfering with the proper working of the 7th haven Service;
11. accessing any content on the 7th haven Service through any technology or means other than those provided or authorised by the 7th haven Service;
12. bypassing the measures, we may use to prevent or restrict access to the 7th haven Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the 7th haven Service or the content therein, or
13. decompiling, reverse engineering, or otherwise attempting to obtain the source code of the 7th haven Service.
You may not access or use the 7th haven Service if you work with or for a competitor, except with 7th haven’s prior written consent.
In addition, you may not use or access the 7th haven Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the 7th haven Service usage with any third party without 7th haven’s prior written consent. We may, without prior notice, change the 7th haven Service, stop providing the 7th haven Service or features of the 7th haven Service (to you or generally), or create usage limits for the 7th haven Service. You agree that 7th haven has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by you to the 7th haven Service. We may permanently or temporarily terminate or suspend your access to the 7th haven Service without notice or liability to 7th haven, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the 7th haven Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.USER CONTENT
You are solely responsible for all data (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You agree not to upload User Content that:
1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person;
2. may create a risk of any other loss or damage to any person or property;
3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4. may constitute or contribute to a crime or tort;
5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, pornographic, or otherwise objectionable;
6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
8. contains any information or content that you know is not correct and current. You agree that any User Content that you upload does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant that your User Content and 7th haven’s use thereof as contemplated by this Agreement and the 7th haven Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. 7th haven takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the 7th haven Service. You acknowledge and agree that 7th haven may preserve your User Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
1. comply with legal process, applicable laws or government requests;’
2. enforce this Agreement;
3. respond to claims that any content violates the rights of third parties; or
4. protect the rights, property, or personal safety of 7th haven, its users and the public.
You understand that the technical processing and transmission of the 7th haven Service, including your content, may involve –
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices
By uploading any User Content, you hereby grant and will grant 7th haven and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the 7th haven Service, in any form, medium or technology now known or later developed.
THE DATA PROTECTION ACT 2018
We comply with the provisions of the Data Protection within the jurisdictions where 7th havens operates. We have expressly stated some of these jurisdictions. In the UK, we comply with the Data Protection Act 2018 (“DPA”) applicable to controllers within the ambit of Section 6 of the DPA. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (“GDPR”). If you have an intellectual property rights-related complaint about material posted on the 7th havens Service, you may contact our Designated Agent at the following UK address:
7th havens, Ltd.
ATTN: Copyright Notification
E-mail: support@7thaven.com
THE DATA PROTECTION LAWS IN CANADA
We comply with the provisions of Personal Information Protection and Electronic Documents Act 2000 ('PIPEDA'); Personal Information Protection Act, SBC 2003 c 63 ('BC PIPA'); Personal Information Protection Act, SA 2003 c P-6.5 ('AB PIPA'); and the Act respecting the Protection of Personal Information in the Private Sector, CQLR c P-39.1 ('Quebec Private Sector Act'), If you have an intellectual property rights-related complaint about material posted on the 7th havens Service, you may contact our Designated Agent.
7th havens, Ltd.
Copyright Notification
E-mail: support@7thaven.com
Infringers.
7th haven will promptly terminate without notice the accounts of users that are determined by 7th haven to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the 7th haven Service at least twice.
CONFIDENTIALITY
Any materials or data that you provide to 7th haven for the purpose of providing the 7th haven Service will be your “Confidential Information,” except to the extent such documents –
1. are known to 7th haven prior to receipt from you from a source other than one having an obligation of confidentiality to you;
2. become known (independently of disclosure by you) to 7th haven directly or indirectly from a source other than one having an obligation of confidentiality to you; or
3. become publicly known or otherwise cease to be secret or confidential, except through a breach of this Section by 7th haven. 7th haven will use the Confidential Information solely for the purpose of providing the 7th haven Service to you (the “Permitted Purpose”).
7th haven will not disclose your Confidential Information to any third party without your prior consent, ,except for providing such Confidential Information to our directors, officers, employees, agents, consultants, contractors, representatives or affiliated entities (collectively, “Associated Persons”) who need to have access to such Confidential Information in connection with the Permitted Purpose.
7th haven will use reasonable care to protect the confidentiality of your Confidential Information. In the event that 7th haven is required by law to make any disclosure of any of your Confidential Information, whether by subpoena, judicial or administrative order or otherwise, 7th haven will make commercially reasonable efforts to give you notice of such requirement (to the extent legally permissible) and will permit you to intervene in any relevant proceedings to protect your interests in your Confidential Information
FEES
To use the 7th haven Service, you may be required to make one or more payments and provide us with information regarding your credit card. You represent and warrant to 7th haven that such information is true and that you are authorised to use the payment instrument.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay 7th haven the amount that is specified by the 7th haven Service in accordance with the terms therein and this Agreement.
7th haven reserves the right to change our prices. If we change our prices, we will provide notice of the change on the 7th haven web site or in email to you, at our option. Your continued use of the 7th haven Service after the price change becomes effective constitutes your agreement to pay the changed amount. If 7th haven agrees, in its sole discretion, to invoice you for your receipt of the 7th haven Service (rather than requiring you to pay all fees by credit card), you must nevertheless provide 7th haven with your credit card information (as reasonably requested by 7th haven) and promptly update such information with any changes that may occur.
If you fail to pay any invoices within 30 days of the date of the invoice, 7th haven will notify you by email of the overdue charge and, if the invoice remains unpaid, 7th haven will charge your credit card the full amount owing under the invoice on the 31st day following the date of the invoice.
You hereby authorise us to charge any such overdue amounts to your credit card on file and acknowledge that 7th haven may suspend its provision to you of the 7th haven Service if any amounts remain unpaid.
You may be required to pay all subsequent fees by credit card if you fail to pay an invoice within 35 days of the invoice date. 7th haven will only remove a credit card on file at your request if your account balance is N0 and there are no 7th haven Services pending for you.
LIABILITY FOR INVALIDATED PAYMENTS AND OTHER LIABILITIES
You are liable for all claims, expenses, fines and liability we may incur arising out of:
1. a Chargeback, Refund, payment error, or other invalid payment (collectively “Invalidated Payment”);
2. any error, negligence, misconduct or fraud by you, your employees, or someone acting on your behalf; and
3. any losses resulting from your failure to comply with the terms of this Agreement, or your usage of 7th haven Services. In the event of an Invalidated Payment or other liability, in addition to our other rights and remedies (all of which are cumulative), we may (or instruct Acquirer to) deduct, setoff or recoup the amounts due to 7th haven from your Pay-outs.
END USER LICENCE GRANT
7TH HAVEN SERVICE
Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable licence to use the 7th haven Service for your personal, non-commercial use, as permitted by the features of the 7th haven Service. 7th haven reserves all rights not expressly granted herein in the 7th haven Service and the 7th haven Content (as defined below). 7th haven may terminate this licence at any time for any reason or no reason.
MOBILE APPLICATION
We may make available Application to access the 7th haven Service via a mobile device (“Mobile Application”). To use the Mobile Application, you must have a mobile device that is compatible with the Mobile 7th haven Service. 7th haven does not warrant that the Mobile Application will be compatible with your mobile device. 7th haven hereby grants you a nonexclusive, non-transferable, revocable licence to use a compiled code copy of the Mobile Application for one 7th haven account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You shall not:
1. modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law;
2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party;
3. make any copies of the Mobile Application;
4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or
5. delete the copyright and/or other proprietary rights notices on the Mobile Application. You acknowledge that 7th haven may from time-to-time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party licence EULA, if any, authorising use of such code. The foregoing licence grant is not a sale of the Mobile Application or any copy thereof, and 7th haven or its third-party partners or suppliers retain all right, title, and interest in the Mobile Application (and any copy thereof).
7TH HAVEN PROPRIETARY RIGHTS
Except for your User Content, the 7th haven Service and all materials therein or transferred thereby, including, without limitation, Application, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “7th haven Content”), and all Intellectual Property Rights related thereto, are the exclusive property of 7th haven and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the 7th haven Service. Use of the 7th haven Content or materials on the 7th haven Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
PREMIUM SERVICES
From time to time, 7th haven may provide additional features and/or 7th haven Services that require payment (“Premium 7th haven Services”). 7th haven may also offer from time to time in its sole discretion, certain Premium 7th haven Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Agreement to the 7th haven Service include the Premium 7th haven Services.
PRIVACY
For information about how 7th haven’ Associate protects your privacy, please read the 7th haven Privacy Policy. This policy explains how 7th haven’ Associate treats your personal information, and protects your privacy, when you use the 7th haven Service.
DELIVERY TERMS OF SERVICE
7th haven will undertake service delivery to complete transactions in the shortest amount of time possible. Where time commitments are explicitly agreed on, the time indicated is confined to business days only in the Pacific Standard Time zone. For example, 24- hour transaction delivery equates to 1 business day, 48-hour delivery equates to 2 business days and so forth. Our standard hours of service are 8am to 6pm Monday-Friday, Pacific Standard time. Additional support hours and after-hour service is available by inquiry.
INTELLECTUAL PROPERTY
All the content, trademarks, data, information or information contained in any materials or documents (“Documentation”) or used in relation to the 7th haven Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, hyperlinks, domain names, information and agreements (“Content”), are the property of or licensed to 7th haven and as such are protected from copyright infringement. The Content may not be reproduced, distributed or copied by any means, whether electronically or not, without 7th haven’s prior written permission.
Any and all intellectual property rights subsisting in the Documentation, Content, 7th haven Services and 7th haven Software or otherwise developed by or on behalf of 7th haven, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights subsisting now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in 7th haven, its licensors or suppliers, as the case may be, and all rights not expressly granted are reserved.
Save as expressly set out herein, the User shall not acquire any right, title, or interest in the 7th haven Intellectual Property. This Agreement does not grant either party any rights in connection with the other party’s trademarks. The User shall not use or alter 7th haven’s trademarks without 7th haven’s prior written consent or do anything which would adversely affect the value of 7th haven’s trademarks.
The User may not use the Intellectual Property in a manner which may place the Intellectual Property at risk of loss or loss of value to 7th haven. SECURITY 7th haven cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
THIRD PARTY LINKS
The 7th haven Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by 7th haven. 7th haven does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the 7th haven Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and 7th haven’s Privacy Policy do not apply to your use of such sites. You expressly relieve 7th haven from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the 7th haven Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that 7th haven shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
BREACH
Should either party breach any material provision of this Agreement, then the aggrieved party will be entitled, without prejudice to any other rights it might have in law:
1. to claim immediate specific performance of any of the defaulting party’s obligations under this Agreement, with or without claiming damages, whether or not such obligation has fallen due for performance and to require the defaulting party to provide security to the satisfaction of the aggrieved party for the defaulting party’s obligations; or
2. to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the defaulting party, and the cancellation shall take effect on the giving of the notice.
3. Neither party shall be entitled to cancel this Agreement unless the breach is a material breach. A breach will be deemed to be a material breach if it is capable of being remedied, but is not so remedied within the notice period of 7 (seven) days (“Notice Period”); or it is incapable of being remedied or is not remedied within the Notice Period, and payment in money will compensate for such breach but such payment is not made within the Notice Period.
4. The aggrieved party’s remedies in terms of this clause (“breach”) are without prejudice to any other remedies to which the aggrieved party may be entitled in law.
5. Without detracting from any of the other provisions of this clause 7, in the event of a breach of any provisions of this Agreement or the User prematurely terminating this Agreement and 7th haven electing to cancel same, the User shall be liable to effect payment to 7th haven of any outstanding some due.
INDEMNITY
You agree to defend, indemnify and hold harmless 7th haven and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “7th haven Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
1. your use of and access to the 7th haven Service, including any data or content transmitted or received by you;
2. your violation of any term of this Agreement, including without limitation your breach of any of the representations 13 and warranties you make in this Agreement;
3. your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
4. your violation of any applicable law, rule or regulation;
5. any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
6. any other party’s access and use of the 7th haven Service with your username, password or other appropriate security code.
NO WARRANTY
ANY SERVICE YOU PURCHASE THROUGH THE 7TH HAVEN WEBSITE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 7TH HAVEN SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 7TH HAVEN, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE 7TH HAVEN SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 7TH HAVEN SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE 7TH HAVEN SERVICE. 7TH HAVEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 7TH HAVEN SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND 7TH HAVEN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IF YOU DOWNLOADED THE MOBILE APPLICATION FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE APPLICATION OR 7TH HAVEN SERVICES OR YOUR POSSESSION AND/OR USE OF THE APPLICATION OR 7TH HAVEN SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLICATION OR 7TH HAVEN SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE 7TH HAVEN PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION AND/OR ANY OF THE 7TH HAVEN SERVICES, THESE TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF 7TH HAVEN OR ANY OTHER 7TH HAVEN PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
THE 7TH HAVEN PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THESE TERMS OF USE OR USE OF THE APPLICATION OR ANY OF THE 7TH HAVEN SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL 7TH HAVEN’S LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU HAD PAID TO 7TH HAVEN OVER THE PRECEDING THREE MONTHS PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR 7TH HAVEN SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN 7TH HAVEN AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE 7TH HAVEN SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF 7TH HAVEN ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE 7TH HAVEN PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE 7TH HAVEN PARTIES.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.