Other Terms
Clause 18
Assignment:
You may not assign, delegate or transfer these Terms 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 these Terms and our rights and obligations without consent. Subject to that restriction, these Terms will be binding on, inure to the benefit of, and be enforceable against both 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 these Terms.
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 these Terms 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 these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Survival:
Upon the termination or closure of your account, all the provisions of these Terms which by their nature should survive, will survive such termination or closure including, without limitation, clauses 3, 4.3.5, 4.4.2, 4.3.6, 7, 8.4, 9.6, 10, 11.7, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23. In addition, any liability of you or Social Comment under these Terms which occurred prior to the termination or closure of your account shall also survive the termination or closure of your account.
Entire Agreement:
These Terms contain 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.
Interpretation:
No provision of these Terms shall be interpreted against Social Comment solely on the ground that Social Comment has drafted or provided these Terms.
Compliance with All Laws:
These Terms 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.
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 these Terms 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 these Terms shall not be deemed to be a waiver of such right or remedy.