TERMS & CONDITIONS

WESSE

 

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING, BROWSING OR USING THE KAYATIME (“WESSE”) WEBSITE AVAILABLE AT WWW.WESSEWATCHES.COM OR ANY WEBSITE WITH LINKS TO THIS AGREEMENT (THE “WEBSITE”) IN ANY WAY OR CLICKING AN “I ACCEPT” OR SIMILAR BUTTON, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WESSE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS ON BEHALF OF YOURSELF OR THE COMPANY YOU WORK FOR, AND TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT The Terms are subject to change by WESSE in its sole discretion at any time. When changes are made, WESSE will make a new copy of the Terms available at the Website. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. WESSE may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1.      Use of WESSE Properties. The Website and the content and information available on the Website (“WESSE Properties”) are protected by copyright laws throughout the world. Subject to the Terms, WESSE grants you a limited license to reproduce portions of WESSE Properties for the sole purpose of using the Website for your personal purposes. Unless otherwise specified by WESSE in a separate license, your right to use any WESSE Properties is subject to the Terms.

o    Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit WESSE Properties or any portion of WESSE Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other WESSE Properties (including images, text, page layout or form) of WESSE; (c) you shall not use any metatags or other “hidden text” using WESSE’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of WESSE Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access WESSE Properties in order to build a similar or competitive website, application or service; and (g) except as expressly stated herein, no part of WESSE Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to WESSE Properties shall be subject to the Terms. WESSE, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of WESSE Properties terminates the licenses granted by WESSE pursuant to the Terms.

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o    Registering Your Account. In order to access certain features of WESSE Properties you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who creates an account with WESSE (“Account”) by either registering directly with WESSE through the Website or logging into the Website with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to WESSE and/or grant WESSE access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating WESSE to pay any fees or making WESSE subject to any usage limitations imposed by such third-party service providers. By granting WESSE access to any Third-Party Accounts, you understand that WESSE may access, make available and store (if applicable) any information, photographs, and/or other materials accessible through WESSE Properties (“Content”) that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through WESSE Properties via your Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content for all purposes of the Terms. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on WESSE Properties. Please note that if a Third-Party Account or associated service becomes unavailable or WESSE’s access to such Third-Party Account is terminated by the third-party service provider, then Account Content may no longer be available on and through WESSE Properties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDER, AND WESSE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT. WESSE makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and WESSE is not responsible for any Third-Party Account Content.

o    Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using WESSE Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify WESSE immediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or WESSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WESSE has the right to suspend or terminate your Account and refuse any and all current or future use of WESSE Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use WESSE Properties if you have been previously removed by WESSE, or if you have been previously banned from any of WESSE Properties.

o    Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of WESSE.

  1.      Order and Acceptance.

o    Order Acceptance Process. Each part of an order that you submit to WESSE constitutes an offer to purchase merchandise. If you have placed your order through the Website, then, after WESSE receives your order, you will receive an email from WESSE confirming receipt of your order (usually in minutes). If you do not receive an email from WESSE confirming receipt of an order that you placed, then please contact the WESSE Customer Service department at [http://wessewatches.com/contact-us] before you attempt to place another order for the same merchandise. Please note that WESSE's confirmation of receipt of your order does not equate to WESSE's acceptance of your order. WESSE is not deemed to have accepted any part of your order until the requested merchandise has been shipped and WESSE has sent a shipment confirmation email.

o    Order Issues.

  •   If WESSE rejects your order due to an error in pricing and/or other information about the merchandise, then WESSE will notify you at the email address that you have provided. Once the error has been corrected, WESSE will ask you whether or not you would like to re-submit your order to purchase the relevant merchandise. If WESSE has notified you that your order has been accepted by sending you a shipment confirmation email, then you will not be required to pay a price that is greater than the price that was displayed on the Website at the time at which you placed your order. If WESSE has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the Website at the time at which you placed your order), then you may request a return or an exchange. For additional details, please review the WESSE Returns Policy available at http://wessewatches.com/info/shipping-returns-1.
  •   Although it is unlikely that WESSE would refuse to accept an order, WESSE reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) delayed shipment or unavailability of merchandise.
  •   WESSE may refuse to accept any order if fraudulent activity is suspected. WESSE may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.
  •   WESSE may refuse any order that is connected with a previous credit card dispute.

o    Order Cancellation. If an item of merchandise is delayed out of the WESSE fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then WESSE may cancel the order. If this occurs, then WESSE will contact you so that you are aware of the situation.

o    Restrictions on Resale. In order to protect WESSE's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. WESSE will not accept any order that is deemed to possess characteristics of reselling. WESSE reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.

  1.      Payment Terms.

o    Payment. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing WESSE with your credit card number and associated payment information, you hereby authorize WESSE to immediately charge your credit card for all fees and charges due and payable to WESSE hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify WESSE of any change in your billing address or the credit card used for payment hereunder. WESSE reserves the right at any time to change its prices and billing methods, either immediately upon posting on the WESSE Properties or by e-mail delivery to you.

o    Refunds. Payments made to WESSE are subject to refund in accordance with WESSE’s refund policy available at http://wessewatches.com/info/shipping-returns-1.

o    Taxes. WESSE’s fees are net of any applicable Sales Tax.  If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to WESSE, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify WESSE for any liability or expense we may incur in connection with such Sales Taxes.  Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that WESSE is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

o    Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official WESSE communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.

o    Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: [Kaya Time, Bd. Regina Maria, Nr 1, Bloc P5B, Sc 1, Etaj 7, Ap 21, Sector 4, Bucuresti, Romania 040121].

  1.      Third Party Payment Services Provider. WESSE uses Stripe Inc. (“Stripe”) and PayPal, Inc. (“PayPal”) as a third party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the WESSE Properties, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/us/privacy and PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full, as applicable. You hereby consent to provide and authorize WESSE, Stripe, and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.
  2.      Responsibility for Content.

o    Types of Content. You acknowledge that all Content, including WESSE Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not WESSE, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through WESSE Properties (“Your Content”), and that you and other Users of WESSE Properties, and not WESSE, are similarly responsible for all Content they Make Available through WESSE Properties (“User Content”).

o    No Obligation to Pre-Screen Content. You acknowledge that WESSE has no obligation to pre-screen Content (including, but not limited to, User Content), although WESSE reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that WESSE pre-screens, refuses or removes any Content, you acknowledge that WESSE will do so for WESSE’s benefit, not yours. Without limiting the foregoing, WESSE shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

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o    WESSE Properties. You agree that WESSE and its licensors and suppliers own all rights, title and interest in WESSE Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying WESSE Properties.

o    Trademarks. WESSE’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with WESSE Properties are the trademarks of WESSE and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in WESSE Properties are the property of their respective owners.

o    Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in WESSE Properties.

o    Your Content. WESSE does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in WESSE Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

o    License to Your Content. Subject to any applicable account settings that you select, you grant WESSE a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing WESSE Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of WESSE Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not WESSE, are responsible for all of Your Content that you Make Available on or in WESSE Properties.

  1.      You agree that submission of any ideas, suggestions, documents, and/or proposals to WESSE (“Feedback”) is at your own risk and that WESSE has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to WESSE a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of WESSE Properties.
  2.      User Conduct. As a condition of use, you agree not to use WESSE Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through WESSE Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without WESSE’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of WESSE; (vi) interferes with or attempts to interfere with the proper functioning of WESSE Properties or uses WESSE Properties in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against WESSE Properties, including but not limited to violating or attempting to violate any security features of WESSE Properties, introducing viruses, worms, or similar harmful code into WESSE Properties, or interfering or attempting to interfere with use of WESSE Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” WESSE Properties.
  3.   Interactions with Other Users.

o    User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that WESSE reserves the right, but has no obligation, to intercede in such disputes. You agree that WESSE will not be responsible for any liability incurred as the result of such interactions.

o    Content Provided by Other Users. WESSE Properties may contain User Content provided by other users. WESSE is not responsible for and does not control User Content. WESSE has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.

  1.   Third-Party Websites. WESSE Properties may contain links to third-party websites ( “Third-Party Websites”). When you click on a link to a third-party website, we will not warn you that you have left WESSE Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of WESSE. WESSE is not responsible for any Third-Party Websites. WESSE provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
  2.   WESSE may, but is not obligated to, monitor or review the Website at any time. Without limiting the foregoing, WESSE shall have the right, in its sole discretion, to remove any content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although WESSE does not generally monitor user activity, if WESSE becomes aware of any possible violations by a user of any provision of the Terms, WESSE reserves the right to investigate such violations, and WESSE may, at its sole discretion, immediately terminate the user’s license to use the WESSE Properties, or change, alter or remove any content, in whole or in part, without prior notice.
  3.   You agree to the terms of our privacy policy available at http://www.WESSEwatches.com/pages/privacy-policy.
  4.   You agree to indemnify and hold the WESSE Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, WESSE Properties; (b) your violation of the Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. WESSE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WESSE in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to WESSE Properties.
  5.   Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF WESSE PROPERTIES IS AT YOUR SOLE RISK, AND WESSE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WESSE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WESSE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) WESSE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF WESSE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN WESSE PROPERTIES WILL BE CORRECTED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  6.   Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY WESSE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH WESSE PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WESSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE WESSE PROPERTIES OR (2) ANY OTHER MATTER RELATED TO WESSE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO WESSE PROPERTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT RECEIVED BY WESSE AS A RESULT OF YOUR USE OF WESSE PROPERTIES OR (B) ONE HUNDRED DOLLARS ($100). YOU AND WESSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, WESSE PROPERTIES OR ANY CONTENT POSTED ON WESSE PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WESSE AND YOU. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
  7.   Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied and posted on the WESSE Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Company Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for WESSE’s Copyright Agent for notice of claims of copyright infringement is as follows: [Kaya Time, Bd. Regina Maria, Nr 1, Bloc P5B, Sc 1, Etaj 7, Ap 21, Sector 4, Bucuresti, Romania 040121].
  8.   Term and Termination.

o    Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use WESSE Properties, unless terminated earlier in accordance with the Terms.

o    Termination. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of WESSE Properties is, or becomes, unlawful), or if we choose to discontinue WESSE Properties (in part or in whole), we have the right to, immediately and without notice, suspend or terminate any WESSE Properties provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in WESSE Properties in our possession in connection with your use of WESSE Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of WESSE, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.  If you want to terminate the Services provided by WESSE, you may do so by (a) notifying WESSE at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to [Kaya Time, Bd. Regina Maria, Nr 1, Bloc P5B, Sc 1, Etaj 7, Ap 21, Sector 4, Bucuresti, Romania 040121] Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination  of  all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  WESSE will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

  1.   International Users. This Website can be accessed from countries around the world and may contain references to WESSE Properties and other content that are not available in your country. These references do not imply that WESSE intends to introduce such WESSE Properties or content in your country. WESSE Properties are controlled and offered by WESSE from its facilities in the Romania. WESSE makes no representations that WESSE Properties are appropriate or available for use in other locations. Those who access or use WESSE Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.

End of Terms