MARK TERMS OF USE
LAST MODIFIED ON APRIL 16, 2020
Important: Please read these Terms of Use carefully before continuing to use this mobile application.
Section 21 of this Terms of Use Agreement contains a binding arbitration clause and class action
waiver. If you live in the United States, this Section affects your rights about how to resolve disputes
that you may have with us.
Please read it carefully.
WHEN USING THE MARK APP, PLEASE BE AWARE OF YOUR SURROUNDINGS AND
ENGAGE WITH THE APP SAFELY!
This Terms of Use (the “Agreement”) applies to the “MARK” mobile application (the “Service”),
provided by People Sharing Streetart Together Limited (“PSSTL”), a Hong Kong company.
The Service is an Augmented Reality experience that you interact with while in real-world locations. By
using the Service, you agree to the following:
Your use of the Service is at your own risk;
You won’t violate any laws or regulations, including trespass-related laws, while using the
Service;
You won’t enter anyone’s private property without permission;
You won’t engage in any other activity which could lead to injury, death, damage to
property, or any other kind of legal liability;
You won’t harm, assault, threaten, or humiliate other people.
Be aware of your surroundings at all times and play safely! Please see Section 2, “Your Safety,” for more
about staying safe and respecting others’ property while using the Service.
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1.1. You understand and intend that this Agreement is a legally binding agreement and the
equivalent of a signed, written contract;
1.2. You are at least 13 years of age or your parent or guardian has agreed to this Agreement on
your behalf;
1.3. You will use the Service in accordance with applicable laws and regulations and in accordance
with the terms and conditions in this Agreement as it may be amended by PSSTL from time to
time; and
1.4. You understand, accept, and have received this Agreement and its terms and conditions, and
acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of
the Service.
2. Your Safety
2.1. Using the Service Safely. While you are using the Service, you agree to the following safety
instructions:
You agree to always be aware of your surroundings and stay out of any dangerous or
inappropriate places while using the Service. This includes watching out for other people,
animals, and any hazards or obstacles you may encounter.
You agree not to use the Service while operating a vehicle or engaging in any similar
activity that requires your full attention.
You agree that your use of the Service is at your own risk, and that it is your
responsibility to obtain and maintain any insurance policies (including health, liability,
personal injury, medical, life, and others), that are reasonably necessary for any injuries
that may be sustained while using the Service.
You agree not to violate, or encourage any third party to violate, any laws or regulations,
including trespass-related laws, while using the Service.
You agree that you will supervise any minor children who are using the Service, or if you
are a minor, that you will always have parental supervision when using the Service.
2.2. Respect Other People and Property. While you are using the Service, you agree to the
following with regard to other people and property:
You will maintain safe and appropriate contact with other players and other people in the
real world.
You will not assault or threaten anyone.
You will not enter any third party’s private property without permission.
You will not engage in any other activity which may reasonably result in injury, death,
damage to property, or any other kind of legal liability.
3. Third Party Disputes; Assumption of Risk
3.1. Disputes with Third Parties. If there is a dispute between you and any other user of the
Service or other third party regarding your use of the Service, you hereby release PSSTL, their
officers, directors, agents, partners, parents and subsidiaries, and employees from all claims,
demands, and damages (whether actual or consequential) of all kinds, which arise out of or are
connected in any way with such disputes.
YOU AGREE THAT PSSTL, THEIR OFFICERS, DIRECTORS, AGENTS, PARTNERS,
PARENTS AND SUBSIDIARIES, AND EMPLOYEES ARE NOT LIABLE FOR ANY
INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LEGAL LIABILITY INCURRED
BY YOU OR OTHERS WHILE USING THE SERVICE.
3.2. Assumption of Risk. You agree that, by using the Service, you acknowledge and agree that if
you engage in any activity in connection with the Service, you do so at your own risk. You
understand and agree that use of the Service carries with it certain risks, known and unknown,
including but not limited to the risk of personal injury, and fully assume that risk on your own
behalf and on behalf of your heirs, assigns, and agents. This includes, without limitation, your
participation in any activity in connection with the Service and any devices or equipment used
in connection with the Service. You agree that you are voluntarily participating in these
activities and assume all risks of injury including, without limitation, injuries or damages that
may result from your use of the Service.
You acknowledge and agree that you will inspect any location where you use the Service prior
to entering or using the Service there, and that it is solely your responsibility for doing so. You
acknowledge and agree that such locations are safe and lawful for use of the Service.
4. PSSTL’s License to You
PSSTL grants you a single, non-exclusive, non-transferable and limited personal license to access and use
the Service. This license is conditioned on your continued compliance with the terms and conditions in
this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if
you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you
must remove the Service from such device before doing so. You may not copy, decompile, reverse-
engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the
Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of
any open-sourced components included with the Service).
Even though you may have purchased or licensed the Service through Apple, the Apple App Store, or
other Apple-authorized entity (together, “Apple”), through Google or other Google-authorized sources
(together, “Google”), or other third-party platform, neither Apple, Google, nor any third-party platform is
a party to this Agreement and have no obligations to you in connection with the Service, except as
described in their own Terms of Use or other agreement.
5. Messages from PSSTL
You understand that you may receive business-related communications from PSSTL through the Service
or through email, such as product and other announcements, and administrative notices. You agree that
these communications are not “unsolicited commercial email advertisements” and you agree to receive
them.
Email messages will be accompanied by instructions for opting out.
6. Your Account
6.1. Account Creation. You need to use an acceptable third-party login (such as your Facebook,
Google, or Apple login) to create an Account in order to use the Service. You may only create
an Account if you are at least 13 years old. If you are at least 13 years old but still a minor in
your jurisdiction, your parent or legal guardian must establish an Account with us in order for
you to access and use the Service.
You are solely responsible for the activity that occurs on your Account. You agree to keep
your Account and devices secure and to notify PSSTL immediately of any breach of security
or unauthorized use of your Account.
6.2. Accurate Information. When creating your Account, you promise to provide valid and
accurate information related to your Account. You promise to keep this information updated
so that it is accurate at all times.
6.3. Suspension of Accounts. PSSTL may, at our sole discretion, suspend or terminate your
Account or your access to the Service should your conduct, in our sole determination, fail to
conform with this Agreement or for any other reason.
6.4. Account Privacy. You agree that there is no expectation of privacy in connection with your
interactions with other users in and through the Service. You further agree that the contents of
any messages or other communication sent from your Account, whether in or through chats,
forums, direct user-to-user communication, or by other means, may be accessed, reproduced,
or distributed by PSSTL as it sees fit. PSSTL will fully cooperate with law enforcement and
other governmental entities in policing the content of the Service.
6.5. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account,
nor attempt to buy, sell, give, or trade any Account. PSSTL owns, has licensed, or otherwise
has rights to all the content that appears in-Service, including Accounts.
7. Your License to PSSTL; Your Conduct
7.1. Your Content. Any communications or material of any kind that you email, post, or otherwise
transmit to PSSTL or the public on or using the Service, including images and photographs,
chat, emails, comments, voice recordings, data, questions, comments, or suggestions are
known as your “Content.”
PSSTL does not own your Content. By posting or sharing Content, you represent (i) that you
are the owner of the Content or have all of the necessary rights to share it, and (ii) give PSSTL
permission in perpetuity to use, re-use, copy, adapt, abridge, amend, distribute, modify,
translate, publish, perform, display, develop, reproduce, communicate to the public and to
make your Content otherwise available in any form and by any media (whether now known or
hereafter devised), including through any on-demand or broadcast service, whether on a
commercial or non-commercial basis anywhere in the world.
7.2. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that
you will not engage in conduct (including the sharing of Content) which:
is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or
suggestive, pornographic, or which in any manner could give rise to any civil or criminal
liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis
of race, color, gender, age, religion, national origin, disability, sexual preferences, or
gender identity;
constitutes spam (sending the same message multiple times or to multiple people, or
sharing or sending the same content multiple times, will be treated as spam);
is a solicitation or advertisement for any lewd or inappropriate personal conduct,
commercial product, or activity;
encourages or constitutes behavior that does not support a safe and comfortable
environment for all users, which conduct may include but not be limited to bullying,
vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing,
abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit,
inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any
manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise
makes the Service an uncomfortable experience for anyone;
restricts, inhibits, or discourages any other user from using the Service;
hacks, modifies or otherwise makes use of automation software (bots) or any other
unauthorized third-party software designed to modify the Service experience;
violates any local, state, federal or international laws or gives rise to civil liability;
violates or infringes any rights of third parties (including but not limited to copyright,
trademark, rights of privacy or publicity, defamation or any other proprietary right);
imposes an unreasonable or disproportionately large load on the Service or otherwise
interferes with the Service;
is a “chain letter,” or constitutes “junk mail”;
specifies or claims that that you are affiliated with PSSTL when you are not, including
without limitation an “Administrator,” “Moderator,” “Game Master,” or any other
employee or agent of PSSTL;
requests login information from other users;
“spoofs” (use of any means to disguise your online identity or alter original attribute
information, including, but not limited to duplicate accounts);
uses or possesses programs to “crack” the Service or other Internet security tools;
contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or
data, or any other similar software or programs that may damage or inhibit the operation
of the Service; or
anything else that PSSTL, in its sole determination, deems offensive or harmful to the
Service or to PSSTL’s integrity or business.
7.3. Cheating. You are strictly prohibited from engaging in any kind of cheating when using the
Service. “Cheating” means any kind of action that changes or is meant to change, or otherwise
interfere with the normal operation of the Service. The decision as to whether an action
constitutes cheating is at PSSTL’s sole discretion. This could include using software to alter
your device’s location, using multiple accounts, or other actions which can affect the operation
of the Service or the outcome of any contest or other portion of the Service. PSSTL may, at
their sole discretion, employ any technical measures to detect and prevent cheating and other
unauthorized activity on the Service.
8. Virtual Items
Virtual goods and items, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered
for purchase or otherwise earned through the Service, such as new stencils or stickers, or creative tools to
use in creating Content on the Service. Your election to make a purchase with real currency will be an
offer to PSSTL to purchase at the prices and on the terms set forth on the Service at the time of purchase.
You agree that you have no right or title in or to any Virtual Items. PSSTL does not recognize any
purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real
world” of anything that appears or originates in the Service. Virtual Items that may be originally acquired
by “farming” are subject to confiscation by PSSTL. You may not sell Virtual Items for “real” money, or
exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-
world value and are licensed, not owned.
Under no circumstances will refunds be given for Virtual Items, except where required by the platform
that you licensed the Service on. All sales of Virtual Items are final when the transaction has been
processed.
9. Support Services
PSSTL may, in its sole discretion, provide you with customer and technical support services related to the
Service (“Support Services”). PSSTL is not required to provide Support Services unless otherwise
required by applicable law. No failure to provide, or to continue to provide, Support Services will be a
default of PSSTL under this Agreement.
PSSTL customer support may be reached by contacting us at contact@mark.app. You agree that you will
look solely to PSSTL in connection with Support Services.
10. Modification, Termination, and Monitoring of the Service
PSSTL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part
of the Service) with or without notice at any time. You agree that PSSTL will not be liable to you or any
third party for any modification, suspension, or discontinuance of the Service.
PSSTL reserves the right to monitor use of the Service to determine compliance with this Agreement, as
well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in
part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason,
at any time.
PSSTL may monitor your Content and other communications to evaluate the quality of service you
receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree
that such monitoring activities will not entitle you to any cause of action or other right with respect to the
manner in which PSSTL or its affiliates or agents monitor your Content and other communications and
enforces or fails to enforce the terms of the Agreement. Neither PSSTL or any of its affiliates or agents
will be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of
monitoring activities by PSSTL or its affiliates or agents.
11. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there
is a risk that data, including email, electronic communications, and personal data, may be accessed by
unauthorized third parties when communicated between you and PSSTL or between you and other
parties. Additionally, your Content on the Service may be publicly available to other parties.
PSSTL and its affiliates and agents are permitted, but not obligated, to review or retain your Content and
other communications.
12. Hyperlinks
The Service may contain links to other sites and software applications, including through display
advertisements (the “Linked Services”). PSSTL does not control the Linked Services, and PSSTL and its
affiliates and agents make no representations whatsoever concerning the content, accuracy, security or
privacy of those Linked Services. The fact that PSSTL has provided a link to an external location is not an
endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners,
or its providers. There are risks in using any information, software, or products found on the Internet, and
PSSTL cautions you to make sure you understand these risks before retrieving, using, relying upon, or
purchasing anything via the Internet. You agree that under no circumstances will you hold PSSTL or its
affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or
services available on Linked Services.
13. Trademarks and Copyrights
The Service is owned by PSSTL and is protected by United States and international copyright and other
intellectual property laws. All Service content, trademarks, services marks, trade names, logos, and icons
are proprietary to PSSTL. Nothing contained in the Service should be seen as granting any license or right
to use any trademark displayed in the Service without the written permission of PSSTL or such third party
that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the
Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by,
PSSTL. You are prohibited from using or authorizing the use of this intellectual property unless
specifically permitted under the Agreement. Any unauthorized use of this intellectual property may
violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and
statutes.
14. Copyright Complaints
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your
copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following
information:
A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed
disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address,
or phone number;
A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Our Copyright Agent may be reached at the following physical or email address:
Copyright Agent
People Sharing Streetart Together Limited
32nd Floor, 30 Queens Road Central
Hong Kong
Or by email at: contact@mark.app
15. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by PSSTL on an as-is basis. PSSTL expressly disclaims all warranties of any
kind, whether express or implied, including the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement.
PSSTL makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the
Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from
the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from PSSTL, or through the
Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, neither Apple, Google, Amazon, or any other
platform from which you downloaded the Service is a party to this Agreement or your purchase or
license of the Service. None of the foregoing entities make any warranties, or assume any obligations
whatsoever with respect to: (i) the Service; or (ii) any claims, losses, liabilities, damages, costs, or
expenses from the Service, including any warranties arising from claims of infringement of intellectual
property or personal rights, products liability, or failure of the Service to perform, execute, or conform
to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing
disclaimer may not apply to you.
16. Limitation of Liability
You expressly understand and agree that PSSTL is not liable for any direct, indirect, incidental,
special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill,
use, data, or other intangible losses (even if PSSTL has been advised of the possibility of such
damages), resulting from the use or the inability to use the Service or any other matter relating to the
Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, the liability of PSSTL and its
affiliates will be limited to the fullest extent permitted by law.
17. Indemnification
You agree to indemnify and hold PSSTL and its affiliates, officers, agents, and employees harmless from
any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising
out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights,
including infringement of any copyright or violation of any proprietary or privacy right. Under no
circumstances, including any negligent act, will PSSTL or its affiliates or agents be liable for any
damages of any kind that result from the use of, or the inability to use, the Service.
18. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy.
As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed
from time to time. Our Privacy Policy, which is incorporated here by reference, is located at
https://www.mark.app/pc/privacy_policy.html. You agree that your use of the Service is subject to the
Privacy Policy.
19. Disclosures Required by Law
PSSTL reserves the right to disclose any information, including personally identifiable information about
you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. PSSTL
reserves the right to fully cooperate with any law enforcement authorities or court order requesting or
directing PSSTL to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold PSSTL harmless from any claims
resulting from any action taken by PSSTL during or as a result of its investigations or from any actions
taken as a consequence of investigations by either PSSTL or law enforcement authorities.
20. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with PSSTL, unless otherwise indicated on such
other agreement, will be governed by the laws of Hong Kong. This is the case regardless of whether you
reside or transact business with PSSTL, or any of its affiliates or agents, in the Hong Kong or elsewhere.
Unless a dispute would be governed by the terms of Section 21 below, you agree to submit to the personal
and exclusive jurisdiction of the courts located within Hong Kong.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this
Agreement, an amicable solution can be sought before any legal action. You can file your complaint with
PSSTL by sending a message via email to contact@mark.app. In case of failure, you can, within one year
of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online
complaint on the European Commission’s Online Dispute Resolution website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that
out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
21. Binding Arbitration
21.1. Arbitration Procedures. Unless you live in the EU, you and PSSTL agree that, except as
provided in Section 21.4 below, all disputes, controversies, and claims related to this
Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration,
which may be initiated by either party by sending a written notice requesting arbitration to the
other party. Any election to arbitrate by one party will be final and binding on the other. The
arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of
JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) with a single
arbitrator and under the terms set forth in this Agreement. In the event of a conflict between
the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this
Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 21.4 below, you may seek any remedies available to
you under federal, state, or local laws in an arbitration action. As part of the arbitration, both
you and PSSTL will have the opportunity for discovery of non-privileged information that is
relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s
decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on
which the arbitrator’s decision is based. The determination of whether a Claim is subject to
arbitration will be governed by the Federal Arbitration Act and determined by a court rather
than an arbitrator. Except as otherwise provided in this Agreement, (i) you and PSSTL may
litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm,
modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the
arbitrator’s decision will be final, binding on all parties and enforceable in any court that has
jurisdiction, provided that any award may be challenged if the arbitrator fails to follow
applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT
YOU AND PSSTL WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL.
21.2. Location. The arbitration will be conducted in the city of Hong Kong, Hong Kong, Hong
Kong, unless the parties agree to video, phone, or internet connection appearances.
21.3. Limitations. You and PSSTL agree that any arbitration will be limited to the Claim between
PSSTL and you individually.
YOU AND PSSTL AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS
ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS
A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION MAY BE JOINED
WITH ANY OTHER ARBITRATION.
21.4. Exceptions to Arbitration. You and PSSTL agree that the following Claims are not subject to
the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to
enforce or protect, or concerning the validity of, any of your or PSSTL’s intellectual property
rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of
privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the
foregoing, either party may assert an individual action in small claims court for Claims that are
within the scope of such court’s jurisdiction in lieu of arbitration.
21.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS
arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs
charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will
be apportioned pursuant to the JAMS Rules.
21.6. Severability. You and PSSTL agree that if any portion of this Section is found illegal or
unenforceable (except any portion of Section 21.4), that portion will be severed and the
remainder of the Section shall be given full force and effect. If Section 21.4 is found to be
illegal or unenforceable, then neither you nor PSSTL will elect to arbitrate any Claim falling
within that portion of Section 21.4 found to be illegal or unenforceable and such Claim will be
exclusively decided by a court of competent jurisdiction within the city of Hong Kong, Hong
Kong, Hong Kong, and you and PSSTL agree to submit to the personal jurisdiction of that
court.
22. Miscellaneous Terms
22.1. Agreement Revisions. This Agreement may only be revised in writing by PSSTL, or by
PSSTL’s publication of a new version on the Service.
22.2. Force Majeure. PSSTL is not liable for any delay or failure to perform resulting from causes
outside the reasonable control of PSSTL, including without limitation any failure to perform
hereunder due to unforeseen circumstances or cause beyond PSSTL’s control such as acts of
God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
22.3. No Partnership. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and PSSTL as a result of this Agreement or your use of the
Service.
22.4. Assignment. PSSTL may assign this Agreement, in whole or in part, to any person or entity at
any time with or without your consent. You may not assign the Agreement without PSSTL’s
prior written consent, and any unauthorized assignment by you will be null and void.
22.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable,
then that portion will be severed, and the remainder of the Agreement will be given full force
and effect.
22.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this
Agreement, the prevailing party in such litigation will be entitled to recover from the other
party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing
party in the litigation.
22.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be
construed to be a present or future waiver of such provision, nor in any way affect the right of
any party to enforce every such provision thereafter. The express waiver by us of any
provision, condition or requirement of this Agreement will not constitute a waiver of any
future obligation to comply with such provision, condition or requirement.
22.8. Equitable Remedies. You hereby agree that PSSTL would be irreparably damaged if the
terms of this Agreement were not specifically enforced, and therefore you agree that we will
be entitled, without bond, other security, or proof of damages, to appropriate equitable
remedies with respect to breaches of this Agreement, in addition to such other remedies as we
may otherwise have available to us under applicable laws.
22.9. Entire Agreement. This Agreement, including the documents expressly incorporated by
reference, constitutes the entire agreement between you and PSSTL with respect to the Service
and supersedes all prior or contemporaneous communications, whether electronic, oral or
written, between you and PSSTL with respect to the Service.