User Agreement / Terms of Service

Ahtsah Maddah U pictures | Film Editing
Terms of Service

Effective as of June 24, 2022

Welcome to Ahtsah Maddah U pictures | Video Editing Service (the "Service" the "Company", "Our", "We", "Us" "Site"). The following Terms of Use apply when you (the "User") view or use the Service located at: AhtsahMaddahUpictures.com

Please review the following terms carefully. By accessing the website and/or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

Project Start & Completion

You will receive a link prior to project commencement (from Google Drive and/or Line) for you to upload your photos and videos to. Upon completion of project you will be sent a link to your video to preview before payment. However, the video will not be a final representation of the final copy because it will have both a visual & audible watermark across the project that will only be removed upon payment. After payment has been sent, the new link sent to you will have no watermarks.

All projects will be REQUIRED to put a down payment deposit of 40% of the final estimated quote for project before project begins. Any last-minute cancellations forfeit any down payments (Promos and offered discounts not included in down-payment percentage).

Discounts

All Promotional codes and discounts given are a singular use item. No Promos or discounts can be combined or used with any other offer.

The Company respects the privacy of its Service users. When you access the website or use the Service, you signify your agreement to this Privacy policy.

Posting and Conduct Restrictions

When you are given the Upload Link* (*currently, Google Drive, and/or Line) to send your photos and videos, you are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
The Company, however, reserves the right to remove or not use any User Content from the Service project at it's discretion. No obscene pictures, pornography, violent, or any other "NSFW" photos or video will be utilized in the Service.

You may not change the given password to the upload link while Ahtsah Maddah U and it's employee(s) are servicing your project. Any attempt to do so will accrue an additional waiting fee of $10.00 (USD) a day until access is restored to the account.

In addition, once the User has been given the Upload Link*, you have ONE (1) DAY (24 hours from link send) to begin upload of photos and videos to be edited. After the given period of time and the User still has not uploaded any items to be edited to the link, there will be a waiting fee of $10.00 (USD) a day for every day there is insufficient content uploaded to be edited (e.g. if there is only 3 photos uploaded, the Service is waiting for more content and the Service cannot edit a 5 minute video on 3 photos. Therefore, the waiting fee is applied until sufficient content is available to the Service from the User).

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you

(a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and

(b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by unsubscribing via the link at the bottom of the email or sending an email to Ahtsah Maddah U pictures.
Opting out may prevent you from receiving messages regarding the Company or Special Offers.

Warranty

The service, is provided "as is," without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability (including physical copies of DVD or Blu-ray), fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the Service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material uploaded to the Service.

Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Limitation of Damages; Release

To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

(A) the use, disclosure, or display of your user content;

(B) your use or inability to use the service;

(D) any other interactions with the Company or any other user of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Modification of Terms of Service

We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material changes to the terms by sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

Refunds

In cases where the work on a specific job is performed TO COMPLETION, there will be NO refunds issued. If there are any problems with the work we performed we will take necessary action to correct the problems in a timely manner.
Users have unlimited access to their projects, but there is no guarantee that your projects will actually be stored in an unlimited amount for an unlimited period of time. You are responsible for downloading your completed project from the upload site after your payment is complete (You will receive a link to your video to preview before payment. However, the video will not be a final representation of the final copy because it will have both a visual & audible watermark across the project that will only be removed upon payment).

Be aware that we do not issue refunds in the following cases:

• You don’t like the service.

• You already downloaded the video with no watermark (this means you already paid for the completed project).

• You’re dissatisfied with how the video turned out (We will make every effort to correct what you do not like. If You are not happy with the project, We are not happy with the project).

• You’ve found another service that you like better.

• You're dissatisfied with the speed while uploading a file from or downloading a file to your local device. Please be aware that uploading and downloading speed is out of our scope, it depends only on the upload and download bandwidth of your internet connection, upload and download capabilities of your internet service provider (ISP), or capabilities of aforementioned upload site(s). You may check your speeds at https://speedtest.net/ to check your upload and download bandwidth to any host. Contact your ISP for further assistance. To speed up the uploading or downloading process you can upload a file from or download a file to Dropbox instead of Google Drive.

• You're dissatisfied with video editing speed. In some cases, video processing may take more time because it requires a full reencode of a video stream that is needed in order to achieve better quality. Please also note, that the time needed to process a Full HD video may be as long as half of the actual video duration. You can reduce the video processing time by requesting a video with a lower resolution. However, you might regret a lower quality video when you show your family and friends. As they say, "The best things come to those who wait."

• You're trying to edit a corrupted file that couldn’t be opened even by its native application. We try our best to perform the editing even in the most hopeless cases but if the file is not readable at all (e.g., because of a missing header or moov atom (aka movie atom) in the video file) — there is nothing we can do at all.

If you still believe that you have a good reason for a refund, please contact our support team (AhtsahMaddahUpictures@gmail.com) and specify at least the following:

• the reason why you claim the refund;

• the exact date and time of the claimed incident.

Copyrights

With the exception of 'Promotional/Sales' videos to be broadcast publicly, your projects are for 'Private Use'. If you make your video available to the public (i.e. posting to YouTube or any other public platform, and copyrighted music is used, you may get a strike and/or your video muted). We claim no responsibility in third party alterations to your video once you've downloaded the final project.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within SIX (6) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Service and your use of the Site are governed by the laws of Nevada, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the Company's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

Force Majeure

Ahtsah Maddah U pictures (and it's owner/employees) shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.

Limitation of Liability

The Client acknowledges and agrees that Ahtsah Maddah U will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.

Digital
Transfer

Terms
of
Service

Services Terms and Conditions

Services Provided, Shipping and Return Policy, and Claims

Effective as of July 19, 2022

General

Ahtsah Maddah U pictures, Ahtsah Maddah U transfers (“Ahtsah Maddah U pictures", Ahtsah Maddah U transfers,” "Ahtsah Maddah U", “we,” “us,” or “our”) oversees the website, AhtsahMaddahUpictures.com (“Site”) and related services (collectively, our “Services,” further explained the next paragraph). By placing an order to purchase our Services (a "Service", an “Order”), you (“Buyer,” “you,” or “your”) agree to these Service Order Terms and Conditions (“Service Order Terms”).

Ahtsah Maddah U agrees, on a non-exclusive basis, to provide Services to Buyer, and Buyer shall, on a non-exclusive basis, purchase the Services from Ahtsah Maddah U. For purposes of clarity, Buyer understands that Ahtsah Maddah U receives from Buyer various personal items, including but not necessarily limited to personal (home-made) movies, film reels, photos, tapes, and audio recordings ("Items", “Materials”). Ahtsah Maddah U takes the Materials, organizes and digitizes them ("Digitized Items", “Digitized Materials”) and saves the Digitized Materials onto a thumb drive, a DVD, or a server in the cloud via Google Drive, or Dropbox. Ahtsah Maddah U offers customer service and various communications with each Buyer during these processes.

All of the foregoing services provided by Ahtsah Maddah U are understood variously and collectively as the “Services.”

When a Buyer makes an Order, Ahtsah Maddah U will send the Buyer a Confirmation e-mail with an order number (“Order Confirmation”), detailing the Materials provided and Services to be performed. For purposes of clarity, the Buyer agrees and acknowledges that these Service Order Terms prevail over any terms or conditions contained in any Order Confirmation, or other documentation, and these Service Order Terms expressly exclude any terms or variations issued by Buyer whether orally or in writing before, during, and after the provision of Services.

By making an Order, Buyer is making an offer to purchase the Services and the Digitized Materials. Ahtsah Maddah U has the right, in its sole discretion, to accept or reject any Order. Ahtsah Maddah U may, in its sole discretion without any liability to Buyer, cancel any individual Order or transaction request if: (1)Buyer violates its obligations under the Service Order Terms or the Website Terms of Use; (2) Buyer fails to perform its payment obligations; (3) Buyer falsely accuses Ahtsah Maddah U of misplacement, destruction, loss, or damage; or (4) for any other reason for which Ahtsah Maddah U determines, in its sole discretion, that it will not fulfill the Order.

Unlawful Order Submissions and/or Materials

By submitting an Order, you represent and warrant the following to Ahtsah Maddah U: (a) no Materials submitted to Ahtsah Maddah U are submitted in violation of any copyright laws; (b) any Materials submitted were either created by you, you have the right to permit Ahtsah Maddah U to perform duplication services, or you have the permission of the copyright owner to duplicate the submitted Materials; and (c) no Materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party.

Furthermore, you agree and acknowledge that due to the volume of its operation, Ahtsah Maddah U cannot fully inspect all the information within the Materials submitted to it. However, there are instances in which Ahtsah Maddah U may discover that the transmission of information to Ahtsah Maddah U, the content of such information, and/or your specific request for services with regard to such information within the Materials violates state and/or federal law. In the event of such discovery, Ahtsah Maddah U will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities.

Risk of loss: Shipping

Ahtsah Maddah U does not provide any services related to shipment of the Materials or Digitized Materials to or from its offices. For this reason, any Services purchased from Ahtsah Maddah U are made pursuant to a shipment contract. This means that the risk of loss for your Materials passes to Ahtsah Maddah U only when the Materials arrive at our offices, and the risk of loss passes back to you when we deliver your Materials and/or Digitized Materials to the shipping carrier (FedEx, USPS, or other common carrier). BY SHIPPING ANY MEDIA TO AHTSAH MADDAH U, YOU ACKNOWLEDGE THAT AHTSAH MADDAH U IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.

Return policy

Occasionally, Materials may arrive at our offices in an unplayable or defective condition. If that happens, we will provide a review of the Materials, a re-transfer of the Materials, or pay the shipping to return the Materials to you (as conditions allow). We do not charge any additional fees for review, return shipment, or re-transfers.

If Materials are not transferrable due to age, fragility, format, damage, or any other condition we are not responsible for, a refund of the transfer price will be provided to you, and, if possible, your original Materials will be returned. In that case, though, Ahtsah Maddah U does not cover the cost of shipping a return order back to our facilities.

Added-Safety Protection Package

Ahtsah Maddah U cannot and does not guarantee that your Materials will not be accidentally damaged while in the possession of the shipping carrier, nor does Ahtsah Maddah U assume the risk of loss for your Materials while it is in transit. Instead, the risk of loss remains with you during transit, and you bear all responsibility of loss or damage of your original content until it is received by Ahtsah Maddah U.

Risk of Loss: Missing, Damaged, Misplaced, or Mismatched Materials

Ahtsah Maddah U understands and appreciates the sentimental value of your Materials. Helping our Buyers relive, preserve, and enjoy their Materials through our digitization Services is one of our most important goals. From time to time, a Buyer might allege that Ahtsah Maddah U has misplaced an item the Buyer purportedly included in the Buyer’s Materials, that Ahtsah Maddah U has damaged or destroyed Buyer’s Materials, or that Ahtsah Maddah U has placed someone else’s Materials within Buyer’s Materials or Digitized Materials. Every once in a while, we become aware that a Buyer thinks it has sent more Materials to Ahtsah Maddah U that it actually did send, only to realize the allegedly missing Materials are still at home with the Buyer.

We take an extremely high priority of care to handle all Materials that we receive with due care in a commercially reasonable manner. That said, no system is perfect, and you acknowledge that we might misplace or mismatch your Materials. It is also possible that your Materials might become damaged during the digitization process. This can happen through no fault, or negligence, of our own, particularly when the Materials you have sent to us are old media files that have already begun decaying before we have received them.

YOU UNDERSTAND THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS TO AHTSAH MADDAH U, AND YOU RECOGNIZE THAT YOU MAY NOT RECEIVE YOUR MATERIALS BACK, AND/OR YOU MAY NOT RECEIVE YOUR MATERIALS BACK IN THE SAME CONDITION THAT THEY WERE SENT TO US. BY PLACING AN ORDER WITH AHTSAH MADDAH U, YOU ACCEPT THIS RISK.

If you send us a notification letting us know that you believe we have misplaced, damaged, or mismatched your Materials, after they were received by us and in our possession, we will review your notification carefully (a “Notification of Loss”). Failure to provide Ahtsah Maddah U with a Notification of Loss within thirty (30) days of your receipt of your Materials and Digitized Materials as returned to You shall be deemed a waiver of your right to file a Notification of Loss and shall conclusively demonstrate your acceptance of the Materials and Digitized Materials as returned to You.

You agree to be bound by our review and determination. As further outlined below, Ahtsah Maddah U makes no warranty and disclaims all potential liability, with regard to all aspects of our Services in the handling of your Materials.

We may determine that we never received your Materials; that we did not cause damage to your Materials; or that the damage to your Materials during the digitization process was through no fault of Ahtsah Maddah U. We may also determine that we have an obligation to you. Once we have made our determination, we will provide a written response to your Notification of Loss. Depending on the situation, we may also choose to replace your Material(s) by offering you an equivalent type of blank media, or the cost of such blank media. We may choose to issue a refund for your Order; we may choose to compensate you for loss or damage; or we may decline, entirely, to issue a refund or provide any compensatory monies.

In the event that we have provided you with mismatched Materials, you agree to return the mismatched Materials to us within fifteen (15) days of your receipt of the return shipping instructions. The costs of shipping will be paid by Ahtsah Maddah U.

IN ANY CASE, YOU AGREE TO ACCEPT THE RISK OF SENDING YOUR MATERIALS TO US, AND FURTHER, YOU HEREBY AGREE TO BE BOUND TO OUR DETERMINATION AND ASSESSMENT OF YOUR NOTIFICATION OF LOSS. You agree that you will not disparage, libel, or defame Ahtsah Maddah U, and you agree that you will not take any steps to cause reputational damage to our business in contravention of any state or federal laws preventing tortious interference with a business.

Access to Your Digitized Materials Online

In certain circumstances, we may choose to make your Digitized Materials available to you by providing you with a link to your Digitized Materials, which may be hosted in a cloud environment online, in which case we might use a third-party provider to facilitate this Cloud Digital Delivery (including by way of example, Google Drive or DropBox) (collectively, the foregoing service is understood as “Cloud Digital Delivery”).

In the event that we make your Digitized Materials available through Cloud Digital Delivery, you acknowledge and agree that Ahtsah Maddah U does not control the online hosting environment, its security, its authenticity, or its integrity. You further acknowledge and agree that Ahtsah Maddah U has no responsibility or control over the Cloud Digital Delivery service, and Ahtsah Maddah U shall bear no liability for anything that might happen to your Digitized Materials therein. You agree to hold harmless Ahtsah Maddah U for any actions related to your Digital Materials in any way, whatsoever, with respect to the Cloud Digital Delivery, including but not limited to, any loss, destruction, corruption to the Digitized Materials, as well as any unavailability, lack of access, or irretrievability that you might experience if your Digitized Materials are offered through Cloud Digital Delivery.

Inventory Shortages

As part of our Services, we offer certain order options for a Buyer between various Digitized Materials (e.g., Digital Access, Thumb Drive, and Disc Set). In the event Ahtsah Maddah U faces inventory shortages associated with present global supply chain challenges, Ahtsah Maddah U cannot guarantee that your designated Digitized Material preference will be fulfilled. You acknowledge these inventory and supply considerations and agree that Ahtsah Maddah U may choose an alternative medium of Digitized Materials delivery.

Our Disclaimer of Warranties

THE SERVICES, MATERIALS, AND DIGITIZED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

AHTSAH MADDAH U, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES, THE MATERIALS, THE DIGITIZED MATERIALS, AND/OR ANY OTHER SERVICES OR PRODUCTS THAT WE PROVIDE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY SERVICES, MATERIALS, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES THAT WE PROVIDE. WE DO NOT WARRANT THAT THE SERVICES, MATERIALS, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES WILL BE COMPLETE, WITHOUT DEFECT, ACCURATE, INTACT, UNDAMAGED, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AHTSAH MADDAH U, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES AND YOUR RECEIPT OF THE MATERIALS AND DIGITIZED MATERIALS.

You acknowledge that you are responsible for any actions you take in placing an Order with us. You recognize that placing an Order with us and sending us your Materials are taken solely at your own risk.

IN NO EVENT WILL AHTSAH MADDAH U, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR ORDER, THE SERVICES, THE MATERIALS, THE DIGITIZED MATERIALS, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY AHTSAH MADDAH U, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER SUCH ACTION HAS ACCRUED.

Indemnification

You will indemnify, defend, and hold harmless Ahtsah Maddah U, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, caused by or resulting from:

your placement of an Order, your submission of Materials, and your communications with Ahtsah Maddah U;
your violation of any of the provisions of these Service Order Terms;
any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or
your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to you and your Order for our Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Force majeure

If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Ahtsah Maddah U relies (including but not limited to, any outage in hosting services provided by a third-party host for Ahtsah Maddah U online services); or any other unforeseen and external occurrence for which Ahtsah Maddah U is not responsible and could not predict which is required for the performance of its obligations, then Ahtsah Maddah U will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.

Non-assignable

Your rights and obligations under these Terms of Use are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of Ahtsah Maddah U. Any assignment or purported delegation by you without Ahtsah Maddah U’s written consent will be null and void and of no force or legal effect.

Choice of law

This contract is to be governed at all times by the laws of the State of Nevada applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Nevada.

Disputes as Individuals; Class Action Waiver

You and Ahtsah Maddah U both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action. YOU AND WE BOTH HEREBY EXPRESSLY WAIVE EACH OF OUR OWN RIGHT(S) TO BRING CLAIM(S) AGAINST THE OTHER AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION(S), OR ANY SIMILAR PROCEEDING IN WHICH SOMEONE IS ACTING IN A REPRESENTATIVE CAPACITY OVER MULTIPLE PARTIES.

Severability

If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of this Agreement.