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Comesatradehub.com Terms of Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY!
This Terms of
Use Agreement (the "Agreement") describes the terms and
conditions applicable to your use of the Comesatradehub web site which is
identified by the uniform resource locator http://www.comesatradehub.com (the
“Site?/STRONG>). This Agreement is entered into between you as
the user of the Site (the “User?/STRONG>) and Comesatradehub.com. ("Comesatradehub").
1.
Application of and Acceptance of Terms and Conditions.
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1.1 |
For
purposes of this Agreement, a “User?/STRONG> is any person
who accesses the Site for whatever purpose, regardless of whether
such User has registered with Comesatradehub as a registered user or
whether such User is a paying customer for a specific service
provided by Comesatradehub. A User includes the person using this Site and
any legal entity which may be represented by such person under
actual or apparent authority. |
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1.2 |
By accessing or using
the Site, you hereby agree to accept the terms and conditions set
forth in this Agreement as a User. You shall be bound by the terms
and conditions of this Agreement with respect to your access or use
of this Site and any further upgrade, modification, addition or
change to this Site. If you do not accept all of the terms and
conditions of this Agreement, please do not use this Site.
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1.3 |
This Agreement applies
to each Paid Service (as defined below) in addition to any terms and
conditions that may be applicable to such specific Paid
Service. |
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1.4 |
Comesatradehub may amend this
Agreement at any time by posting the amended and restated Agreement
on the Site. The amended and restated Agreement shall be effective
immediately upon posting. Posting by Comesatradehub of the amended and restated Agreement
and your continued use of the Site shall be deemed to be acceptance
of the amended terms. This Agreement may not otherwise be modified,
except in writing by an authorised officer of
Comesatradehub. |
2. Charges
and Fees; Paid Services
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2.1 |
Access to
the Site and certain of its features are provided to all Users free
of charge. However, Comesatradehub reserves the right, without prior
notice, to charge each User fees for the use of or access to the
Site or its features. |
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2.2 |
Comesatradehub
provides certain services to Users who have undergone a specific
registration process and agreed to pay for such services
(“Paid Services?/STRONG>). Access to and use of certain
features and content of the Site that are part of a Paid Service are
governed by additional terms and conditions under separate
agreements in addition to this Agreement. |
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2.3 |
The
following features of the Site, among other things, are part of Paid
Services |
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a) |
Submit,
edit and display of company information in a Company
Profile |
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b) |
Submit, edit and
display of product related information (including product images) in
a Product Catalog or Showroom |
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c)
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Submit, edit and
display of offers to sell products or services or general
advertising messages as Trade Leads |
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d) |
Services as deemed by Comesatradehub as Paid services. Please note that these services can change at anytime. |
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2.4 |
Comesatradehub
reserves the right to deny Paid Services to any User for whatever
reason in order to protect Comesatradehub’s
interests. |
3. Users
Generally.
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3.1 |
Users may
use this Site solely for their own personal or internal purposes.
Each User agrees that it shall not copy, reproduce or download any
information, text, images, video clips, directories, files,
databases or listings available on or through the Site (the
“Comesatradehub Content?/STRONG>) for the purpose of re-selling or
re-distributing the Comesatradehub Content, mass mailing (via emails,
wireless text messages, physical mail or otherwise), operating a
business that competes with Comesatradehub, or otherwise commercially
exploiting the Comesatradehub Content. |
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3.2 |
Some of the
Comesatradehub
Content displayed on this Site is provided or posted by third
parties (“Third Party Content?/STRONG>). Neither
Comesatradehub
nor any of our affiliates, directors, officers or employees has
entered into any sales agency relationship with such third party by
virtue of Comesatradehub’s display of the Third Party Content on the Site.
Any Third Party Content is the sole responsibility of the party who
provided the content. Comesatradehub is not responsible for the accuracy,
propriety, lawfulness or truthfulness of any Third Party Content,
and shall not be liable to any User in connection with such User’s
reliance of such Third Party Content. In addition, Comesatradehub is not
responsible for the conduct of any User’s activities on the Site,
and shall not be liable to any person in connection with any damage
suffered by any person as a result of such User’s conduct.
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3.3 |
Comesatradehub may allow
Users access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to such third party’s web site. User
acknowledges that Comesatradehub has no control over such third party's web
site and Comesatradehub shall not be responsible or liable to anyone for
such web site, or any content, products or services made available
on such web site. |
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3.4 |
Messages or
information sent by a User through communication systems provided by
the Site, or through emails, fax or letters to addressees obtained
from the Site, shall not contain any of the materials described in
the provisions of Section 5.5 below. |
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3.5 |
Comesatradehub reserves the
right to limit, deny or create different access to the Site and its
features with respect to different Users, or to change any of the
features or introduce new features without prior notice. Each User
acknowledges that inability to use the Site wholly or partially for
whatever reason may have adverse effects on its business. Each User
hereby agrees that in no event shall Comesatradehub be liable to the User
or any third parties for any inability to use the Site (whether due
to disruption, limited access, changes to or termination of any
features on the Site or otherwise), any delays, errors or omissions
with respect to any communications or transmission, or any damage
(direct, indirect, consequential or otherwise) arising from the use
of or inability to use the Site or any of its features.
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3.6 |
No User shall
undertake any scheme to undermine the integrity of the computer
systems or networks used by Comesatradehub and/or any other User and no
User shall attempt to gain unauthorized access to such computer
systems or networks. |
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3.7 |
We urge that you read
Comesatradehub’s Privacy Policy which governs the
protection and use of each User’s information in Comesatradehub’s
possession. Each User hereby accepts the Privacy Policy and any
updates and amendments thereto. Each User acknowledges that
Comesatradehub
may change the Privacy Policy from time to time provided that
Comesatradehub shall make available the updated version of the Privacy
Policy on the Site at all times. Your continuation of use of the
Site shall be deemed to be your acceptance of the Privacy Policy
which is then displayed on the Site at the time of such use.
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4.
Registered Users
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4.1 |
Each User
who has filled out an on-line registration form on the Site by
giving its information (such as name, address, telephone and fax
number, email address, details of its business, etc.) is a
registered user of Comesatradehub (a “Registered User?/STRONG>).
Comesatradehub will establish an account (“Account?/STRONG>) for
each Registered User and each Registered User is assigned a user
alias (“Username?/STRONG>) and password
(“Password?/STRONG>) for log-in access to its own
Account. |
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4.2 |
Registered Users shall
not access or enjoy the benefits of any Paid Services without
payment for such services; provided, however, that
Comesatradehub may permit such free access or enjoyment of Paid Services by
a Registered User on a case-by-case basis; provided, further, that
Comesatradehub reserves the right at any time to deny access to any Paid
Service (including but not limited to termination of the Account of
such Registered User) if the Registered User has not paid
Comesatradehub
the relevant charges and fees under the terms of such Paid
Service. |
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4.3 |
Comesatradehub may suspend or
terminate a Registered User’s Account at any time by giving no less
than 24-hour notice to the Registered User; provided, however, that
notice is not required for such termination if, in Comesatradehub’s
determination, there is any breach of the provisions of this
Agreement by the Registered User. |
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4.4 |
Notwithstanding
Section 4.1 above, Comesatradehub may refuse registration and deny the
issuance of an Account and associated username and Password to any
User for whatever reason. |
5. Users
Who Post Information on Comesatradehub
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5.1 |
You must be
a Registered User in order to post information on the Site using the
self-help submit and edit tools provided through the Site. Your
status as a Registered User is governed by the provisions of Section
4 above. |
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5.2 |
No sales
agency relationship is created between any User and Comesatradehub, our
affiliates, directors, officers or employees by virtue of
Comesatradehub’s
display of any of the User’s information on the Site. |
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5.3 |
Each User
hereby represents, warrants and agrees to (a) provide Comesatradehub with
true, accurate, current and complete information to be displayed on
the Site and (b) maintain and promptly amend all information to keep
it true, accurate, current and complete. Each User hereby grants an
irrevocable, perpetual, worldwide and royalty-free license to
Comesatradehub to display and use all information provided by such User in
accordance with the purposes set forth in this Agreement. Each User
further agrees that by posting any material or information anywhere
on the Site it surrenders its copyright and any other proprietary
right in the posted material or information. |
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5.4 |
Each User
hereby represents, warrants and agrees that it has obtained all
necessary third party copyright or trademark licenses and
permissions and shall be solely responsible for ensuring that any
material or information it posts on the Site or provides to
Comesatradehub
or authorises Comesatradehub to display does not violate the copyright,
trademark, trade secret or any other personal or proprietary rights
of any third party or is posted with the permission of the owner(s)
of such rights. |
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5.5 |
Each User
hereby represents, warrants and agrees that information submitted to
Comesatradehub for display on the Site shall not: |
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(a) |
contain
fraudulent information or make fraudulent offers of items or involve
the sale or attempted sale of counterfeit or stolen items or items
whose sales and/or marketing is prohibited by applicable law, or
otherwise promote other illegal activities; |
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(b) |
be part of a scheme to
defraud other Users of the Site or for any other unlawful
purpose; |
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(c) |
relate to sale of
products or services that infringe or otherwise abet or encourage
the infringement or violation of any third party's copyright,
patent, trademarks, trade secret or other proprietary right or
rights; |
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(d) |
violate any applicable
law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); |
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(e) |
be defamatory,
libelous, unlawfully threatening or unlawfully harassing;
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(f) |
be obscene or contain
or infer any pornography or sex-related merchandising or any other
content or otherwise promotes sexually explicit materials or is
otherwise harmful to minors; |
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(g) |
promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation or age; |
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(h) |
contain any material
that constitutes unauthorised advertising or harassment (including
but not limited to spamming), invades anyone's privacy or encourages
conduct that would constitute a criminal offence, give rise to civil
liability, or otherwise violate any law or regulation; |
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(i) |
solicit business from
any Users in connection with a commercial activity that competes
with Comesatradehub; or |
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(j) |
contain 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.
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5.6 |
Comesatradehub
reserves the right in it sole discretion to remove any material
displayed on the Site which it reasonably believes is unlawful,
could subject Comesatradehub to liability, violates this Agreement or is
otherwise found inappropriate in Comesatradehub’s opinion.
Comesatradehub reserves
the right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of
any suspected criminal or civil wrongdoing. Comesatradehub will terminate
the Accounts of Users who are repeat infringers of the copyrights,
or other intellectual property rights, of others. In addition,
Comesatradehub reserves the right to terminate the Account of a User upon
any single infringement of the rights of others in conjunction with
use of the Comesatradehub service, or if Comesatradehub believes that User conduct
is harmful to the interests of Comesatradehub, its affiliates, or other
Users, or for any other reason in Comesatradehub's sole discretion, with or
without cause. |
6.
Transactions between Buyers and Suppliers
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6.1 |
Through
the Site, Comesatradehub provides an electronic web-based platform for
exchanging information between buyers and suppliers of products and
services. Comesatradehub does not represent the seller nor the buyer in
specific transactions and does not charge any commissions from
completing any transactions. As a result, Comesatradehub does not control
and is not liable to or responsible for the quality, safety,
lawfulness or availability of the products or services offered for
sale on the Site or the ability of the suppliers to complete a sale
or the ability of buyers to complete a purchase. |
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6.2 |
Each User acknowledges
that it is fully assuming the risks of purchase and sale
transactions when using the Site to conduct transactions, such risks
shall include, but not limited to, mis-representation of products
and services, fraudulent schemes, unsatisfactory quality, failure to
meet specifications, defective products, delay or default in
delivery or payment, cost mis-calculations, breach of warranty,
breach of contract and transportation accidents
(“Transaction Risks?/STRONG>). Each User agrees that
Comesatradehub shall not be liable or responsible for any damages that may
arise a result of or in connection with any Transaction Risks.
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6.3 |
Users are solely
responsible for all of the terms and conditions of the transactions
conducted on, through or as a result of use of the Site, including,
without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits,
handling, transportation and storage. |
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6.4 |
In the event that any
User has a dispute with any party to a transaction, such User agrees
to release and indemnify Comesatradehub (and our agents, affiliates,
directors, officers and employees) 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 transaction.
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7.
Limitation of Liability
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7.1 |
THE FEATURES
AND SERVICES ON THE Comesatradehub SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND Comesatradehub 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, UNDERTAKINGS AND
TERMS ARE HEREBY EXCLUDED. |
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7.2
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Comesatradehub
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. |
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7.3 |
Any material
downloaded or otherwise obtained through the Site is done at each
User's sole discretion and risk and each User is solely responsible
for any damage to its computer system or 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
Comesatradehub or through or from the Site shall create any warranty not
expressly stated herein. |
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7.4 |
Under no
circumstances shall Comesatradehub be held liable for an delay or failure
or disruption of the content or services delivered through the Site
resulting directly or indirectly from acts of nature, forces or
causes beyond its reasonable control, including without limitation,
Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, Acts of God,
war, governmental actions, orders of domestic or foreign courts or
tribunals or non-performance of third parties. |
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7.5 |
Each User
hereby agrees to indemnify and save Comesatradehub, its affiliates,
directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity
basis) which may arise from such User's use of the Site (including
but not limited to the display of such User's information on the
Site) or from its breach of any of the terms and conditions of this
Agreement. Each User further agrees that Comesatradehub is not responsible
and shall have no liability to it, 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. |
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7.6 |
Comesatradehub
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 or otherwise or any other damages
resulting from any of the following: |
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(a) |
the use or
the inability to use the Site; |
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(b) |
any defect in goods,
samples, data, information or services purchased or obtained from a
User or a third-party service provider through the Site;
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(c) |
unauthorised access by
third parties to data or private information of any
User; |
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(d) |
statements or conduct
of any User of the Site; or |
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(e) |
any matters relating
to Paid Services however arising, including negligence.
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8.
Intellectual Property Rights
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8.1 |
Comesatradehub is
the sole owner or lawful licensee of all the rights to the Site and
the Comesatradehub Content. The Site and Comesatradehub Content embody trade
secrets and intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual
property rights in the Site and Comesatradehub Content shall remain with
Comesatradehub, its affiliates or licensors of the Comesatradehub Content, as the
case may be. All rights not otherwise claimed under this Agreement
or by Comesatradehub are hereby reserved. |
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8.2 |
“Comesatradehub?
“Comesatradehub.com?and related icons and logos are registered trademarks
or trademarks or service marks of Comesatradehub.com in various
jurisdictions and are protected under applicable copyright,
trademark and other proprietary rights laws. The unauthorised
copying, modification, use or publication of these marks is strictly
prohibited. |
9. Notices
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9.1 |
All
notices or demands to or upon Comesatradehub shall be effective if in
writing and shall be duly made when sent to Comesatradehub in the following
manner: to 77 Quadrant Court, Jubilee Square, Reading, Berkshire,
RG1 2GW, UK. Attn: Corporate Counsel. |
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9.2 |
All notices or demands
to or upon a User shall be effective if either delivered personally,
sent by courier, certified mail, by facsimile or email to the
last-known correspondence, fax or email address provided by the User
to Comesatradehub. Notice to a User shall be deemed to be received by such
User if and when (a) Comesatradehub is able to demonstrate that
communication, whether in physical or electronic form, has been sent
to such User, or (b) immediately upon Comesatradehub’s posting such notice
on an area of the Site that is publicly accessible without
charge. |
10.
General
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10.1 |
Subject to
any additional agreements relating to Paid Services, this Agreement
and the Privacy Policy constitute the entire agreement between the
User and Comesatradehub with respect to access to and use of the Site,
superseding any prior written or oral agreements in relation to the
same subject matter herein. |
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10.2 |
If any provision
herein is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced.
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10.3 |
Headings are for
reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. |
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10.4 |
Comesatradehub's failure to
enforce any right or failure to act with respect to any breach by a
User under these terms and conditions will not waive that right nor
waives Comesatradehub's right to act with respect with subsequent or
similar breaches. |
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10.5 |
Comesatradehub shall have the
right to assign its obligations and duties in this Agreement and in
any agreement relating to Paid Services to any person or entity.
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10.6 |
This Agreement shall be
governed by the laws of the United Kingdom. The parties to this
Agreement hereby submit to the exclusive jurisdiction of the courts of
the United Kingdom.
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