General Terms of Service
These Terms of Service (“Terms”) is a binding legal agreement between you and UAB “MN Technologijos” (“we”, “us” or “our”) that governs your use of the VPN services (“Services”) and the software (“Software”) provided by us.
1. Acceptance of terms
By downloading, installing or using the Software and/or accessing or using the Services you are fully accepting the terms, conditions and disclaimers contained in this document and all policies and guidelines that are incorporated by reference. You acknowledge that you have read and understood the Terms and agree to be bound by its terms. If you do not agree to the Terms, do not use the Services or the Software.
Our Services may also be subject to the supplementary terms (the “Supplementary Terms”) governing that particular service. If there is a conflict between the Terms and Supplementary Terms, then the Supplementary Terms shall prevail in relation to that particular service.
By agreeing to these Terms, you are also agreeing to the Privacy Policy (the “Privacy Policy”). You shall not use the Services in contradiction with these Terms or any applicable law or regulation of the country or territory you originate from or reside in or any applicable jurisdiction (the “Applicable Law”).
You shall not use the Services for any purpose that is unlawful or prohibited by these Terms and the Applicable Law.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
Our Services may also be subject to the supplementary terms (the “Supplementary Terms”) governing that particular service. If there is a conflict between the Terms and Supplementary Terms, then the Supplementary Terms shall prevail in relation to that particular service.
By agreeing to these Terms, you are also agreeing to the Privacy Policy (the “Privacy Policy”). You shall not use the Services in contradiction with these Terms or any applicable law or regulation of the country or territory you originate from or reside in or any applicable jurisdiction (the “Applicable Law”).
You shall not use the Services for any purpose that is unlawful or prohibited by these Terms and the Applicable Law.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
2. Changed terms
We shall have the right at any time to change or modify the Terms or any part thereof. We reserve the right to amend the fees or institute new fees at any time upon reasonable advanced notice posted on this website, application or sent via email. Unless it is stated by us otherwise, such changes, modifications, additions or deletions shall be effective immediately upon notice published on this website. Any use of the Services after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.
3. Scope
Subject to (a) your compliance with these Terms and any Applicable Laws and (b) payment of all fees in full, we will permit you to access and use the Services during the Subscription Term (as defined below).
The Services will be made accessible to you via the Software. You must download and install the Software to access and use the Services.
The Services will be made accessible to you via the Software. You must download and install the Software to access and use the Services.
4. Subscription
The Services are provided on a subscription basis for the term and in accordance with the respective subscription plan purchased by you (“Subscription Term” and “Subscription Plan”, respectively, and collectively the “Subscription”).
We offer several Subscription Plans for our Services, which are listed on our website. During the Subscription Term, you can upgrade your Subscription, and we will adjust the fees accordingly on a pro-rata basis.
Upon expiration of the Subscription Term, you will be enrolled into an automatic renewing cycle for the same term and for the same Subscription Plan, unless you cancel your Subscription before the end of the Subscription Term. The same will apply for each renewed Subscription Term.
We may change the offered Subscription Plans, including the fees. Any changes will be communicated to you as per section 2 herein. Your use of the Services after such notice shall be deemed to constitute acceptance of such changes.
We may offer a free trial of the Services (“Trial”). During the Trial period the same terms and conditions apply as during the Subscription Term, except as expressly provided in this section 4.5. During the Trial period we will permit you to access and use the Services for free. The duration of the Trial will be specified during the signing up process. Unless you cancel your Subscription before the expiration of the Trial period, you will be enrolled into the Subscription Plan you selected at the time of enrolment and the relevant fees will be charged to you on the day immediately following the end of the Trial period.
We offer several Subscription Plans for our Services, which are listed on our website. During the Subscription Term, you can upgrade your Subscription, and we will adjust the fees accordingly on a pro-rata basis.
Upon expiration of the Subscription Term, you will be enrolled into an automatic renewing cycle for the same term and for the same Subscription Plan, unless you cancel your Subscription before the end of the Subscription Term. The same will apply for each renewed Subscription Term.
We may change the offered Subscription Plans, including the fees. Any changes will be communicated to you as per section 2 herein. Your use of the Services after such notice shall be deemed to constitute acceptance of such changes.
We may offer a free trial of the Services (“Trial”). During the Trial period the same terms and conditions apply as during the Subscription Term, except as expressly provided in this section 4.5. During the Trial period we will permit you to access and use the Services for free. The duration of the Trial will be specified during the signing up process. Unless you cancel your Subscription before the expiration of the Trial period, you will be enrolled into the Subscription Plan you selected at the time of enrolment and the relevant fees will be charged to you on the day immediately following the end of the Trial period.
5. Limited licence
Subject to (a) your compliance with these Terms and any Applicable Laws and (b) payment of all fees and charges in full, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use a copy of the Software during the Subscription Term.
You shall not (a) defeat, disable, or circumvent any protection mechanism related to the Software; (b) use the Software or any parts of it to develop a product directly competing with the Software; (c) distribute the Software or derivative works based on the Software.
You shall not remove any product identification, copyright notices or proprietary restrictions from the Software.Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under the Terms. Unauthorized copying of the Software or failure to comply with the restrictions herein will result in automatic termination of these Terms and will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such breach.
You shall not (a) defeat, disable, or circumvent any protection mechanism related to the Software; (b) use the Software or any parts of it to develop a product directly competing with the Software; (c) distribute the Software or derivative works based on the Software.
You shall not remove any product identification, copyright notices or proprietary restrictions from the Software.Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under the Terms. Unauthorized copying of the Software or failure to comply with the restrictions herein will result in automatic termination of these Terms and will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such breach.
6. Your ID and security
An ID and a private key (jointly, the “ID Data”) will be automatically created for you when you use the Services for the first time. You are entirely responsible for maintaining the confidentiality of your ID Data. Furthermore, you are entirely responsible for any activities that occur under your ID Data.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your ID Data, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else's ID Data at any time, without the permission of the account holder.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your ID Data, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else's ID Data at any time, without the permission of the account holder.
7. Payments
Any fees charged by us are exclusive of taxes. Therefore, we may calculate and add any applicable taxes or fees, including, but not limited to VAT and other taxes and fees under the laws applicable to you. Such taxes and fees will be calculated according to the payment information provided by you to us at the time of purchasing the Services. For this purpose, you must provide us with an accurate information, including the information about your country of residence, and agree to indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising in connection with the inaccurate, false or incomplete information.
By using any payment method, including crypto currency payments, debit or credit card, to purchase the Services, you confirm are the rightful owner of such instrument or that you have permission from the account holder or cardholder to use it. Moreover, it is your responsibility to ensure that your debit or credit card account has sufficient funds to pay for the charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.
We reserve the right to block or suspend the Services, if we have reasonable cause to suspect fraudulent use of a payment account, credit or debit card.
By using any payment method, including crypto currency payments, debit or credit card, to purchase the Services, you confirm are the rightful owner of such instrument or that you have permission from the account holder or cardholder to use it. Moreover, it is your responsibility to ensure that your debit or credit card account has sufficient funds to pay for the charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.
We reserve the right to block or suspend the Services, if we have reasonable cause to suspect fraudulent use of a payment account, credit or debit card.
8. Cancelation and refund
You may cancel the Services at any time by using any self-service mechanisms found within the Services or Software. You may cancel the Services with a full refund within 7 days of your initial Services purchase. Refunds beyond the 7-day purchase window will be considered, at the sole our discretion, if you can demonstrate that the Services were not available or usable during the Subscription Period and that reasonable attempts were made to contact us to resolve the issue. In this case, we may provide you with a pro-rata refund of the fees paid during the period when the Services were not available or usable.
Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency or crypto currency paid for the Services.
You can only get a refund for the Services once. If you buy the Services after you have been refunded for the Services, you will not be refunded for any further cancellation. No refunds will be provided if you violate the Terms. Once the refund is provided to you, we will not provide the Services.
To request a refund you shall send an email with your request to the following email: help@mysteriumvpn.com.
Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency or crypto currency paid for the Services.
You can only get a refund for the Services once. If you buy the Services after you have been refunded for the Services, you will not be refunded for any further cancellation. No refunds will be provided if you violate the Terms. Once the refund is provided to you, we will not provide the Services.
To request a refund you shall send an email with your request to the following email: help@mysteriumvpn.com.
9. Equipment
You shall be responsible for obtaining and maintaining all hardware, software and other equipment needed for access to and use the Services. Should you need any licenses, equipment or software to access and/or use the resources or services which are made conditional upon prior authorization, you shall be solely responsible for obtaining and maintaining such licenses, equipment and software.
10. Restricted conduct
We do not encourage, support and contribute to illegal activities. You shall not (and shall not permit, assist or encourage any other person to), directly or indirectly:
- use the Services for any purpose that is unlawful or prohibited by these Terms or the Applicable Law;
- request, receive, post, upload, download, display, distribute, transmit or make available using the Services (“communicate”) any information and material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the Applicable Law;
- communicate in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- attempt to gain unauthorized access to any aspect of the Services or to information for which you have not been granted access;
- interfere with or attempt to interfere with the proper working of the Service, any transactions being offered in connection with the Services or any other activities conducted by us, disrupt our website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
- collect or harvest personal information about other users of the Service;
- collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of the Applicable Law;
- incorporate the Services or any portion thereof into any other program or product;
- use the Services for:
- uploading, transmitting, streaming, accessing, receiving, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the owner;
- accessing or using any resources or services (e.g. web pages, television or radio broadcastings, cable or satellite services, streaming media services, VOD services, etc.) which are made conditional upon prior authorization which you do not have;
- circumventing any access control, technical protection or security measures;
- extortion, blackmail, kidnapping, rape, murder, sale/purchase of stolen credit cards, sale/purchase of stolen sale/purchase, sale/purchase of illegal sale/purchase, performance of identity theft;
- use of stolen credit cards, credit card fraud, wire fraud;sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances;
- hacking, pharming, phishing, or spamming in any form or scale;
- exploitation of or contribution to children exploitation photographically, digitally or in any other way;
- assaulting in any way or form any other network or computer;
- taking any action resulting in an unreasonable load on our infrastructure;
- commercial purposes;
- more than 6 simultaneous connections;
- connecting to the Services any devices, software and/or hardware which does or may do any of the above.
11. Privacy policy
For information on how we process your personal data, please see our Privacy Policy.
12. Disclaimer of warranty; limitation of liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES AND/OR THE SOFTWARE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
THE SERVICES AND/OR THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES AND/OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SOFTWARE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WE, NOR OUR AFFILIATES OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE. NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THESE TERMSSHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
THE SERVICES AND/OR THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES AND/OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SOFTWARE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WE, NOR OUR AFFILIATES OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE. NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THESE TERMSSHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
13. Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services and/or the Software by you or your account or ID Data.
14. Miscellaneous
The Services are intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re-export of the Services and/or the Software or any part of it in violation of any such restrictions, laws or regulations.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
These Terms shall be construed in accordance with the laws of the Republic of Panama without regard to its conflict of laws rules. You agree that any legal action arising out of or relating to these Terms shall be filed exclusively in the competent courts of the Republic of Panama.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If any provision in the Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of the Terms shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of the Terms shall not constitute a waiver of such right or provision.
You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not delegate, sublicense or assign your rights under these Terms.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
These Terms shall be construed in accordance with the laws of the Republic of Panama without regard to its conflict of laws rules. You agree that any legal action arising out of or relating to these Terms shall be filed exclusively in the competent courts of the Republic of Panama.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If any provision in the Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of the Terms shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of the Terms shall not constitute a waiver of such right or provision.
You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not delegate, sublicense or assign your rights under these Terms.