Other Terms
Clause 16
Assignment:
You may not assign, delegate or transfer this Policy or your rights or obligations hereunder, or your Social Comment account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Policy and our rights and obligations without consent. Subject to that restriction, this policy will be binding on, inure to the benefit of, and be enforceable against you and Social Comment and the respective successors and assigns of you and Social Comment. Any attempt to assign in violation of this section is void in each instance.
Further Assurances:
You will take or cause to be taken such further actions, and will execute, deliver and file or cause to be executed, delivered and filed such further documents and instruments, and will obtain such consents, as may be reasonably required or requested by us to effectuate fully the purposes, terms and conditions of this Policy.
Waiver:
The failure of either you or Social Comment to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. The waiver by you or Social Comment of a breach of or a default under any provision of this Policy will be in writing. Additionally, subject to the applicable law of limitations if any, any delay by either you or Social Comment in exercising any of your/our rights or remedies under this Policy shall not be deemed to be a waiver of such right or remedy.
Severability:
If any provision of this Policy is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Policy shall otherwise remain in full force and effect and enforceable.
Survival:
Upon the termination of this Policy, all the provisions of this Policy which by their nature should survive, will survive such termination or closure including, without limitation, clauses 5, 6, 7.8, 7.9, 7.10, 7.11, 9, 10, 11, 12, 13, 14, and 15. In addition, any liability of you or Social Comment under these Terms which occurred prior to the termination of this Policy shall also survive the termination of this Policy.
Entire Agreement:
This Policy contains the complete understanding between you and Social Comment with respect to the subject matter contained herein and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to such subject matter.
Electronic Communications:
You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Force Majeure:
We shall not be liable for our failure to perform, or our delay in the performance of, any of our obligations if, and to the extent that, such failure or delay is caused by events substantially beyond our control, including but not limited to, acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, server crash, and/or unusually severe weather.
Other Rights, Remedies, Privileges, Defenses and Immunities:
We reserve and retain all rights, remedies, privileges, defenses, and/or immunities to which we are entitled under any applicable laws, ordinances, rules, regulations, orders, or judgements notwithstanding that such rights, remedies, privileges, defenses, and/or immunities are not specifically mentioned in this Policy.
Interpretation:
No provision of this Policy shall be interpreted against Social Comment solely on the ground that Social Comment has drafted or provided this Policy.
Compliance with All Laws:
This Policy will not alter, and both you and Social Comment will continue to comply with, any obligations under any applicable laws, ordinances, rules, regulations, orders, or judgements.
Survival:
Upon the termination of this Policy, all the provisions of this Policy which by their nature should survive, will survive such termination including, without limitation, clauses 5, 6, 7.8, 7.9, 7.10, 7.11, 9, 10, 11, 12, 13, 14, and 15. In addition, any liability of you or Social Comment under this Policy which occurred prior to the termination of this Policy shall also survive the termination of this Policy.