Client Terms Of Service
Last Updated: Friday 8th May 2020
This website is operated by The Content Panel Limited (“The Content Panel”) Throughout the site, the terms “The Content Panel”, “we”, “us” and “our” refer to The Content Panel Limited. The Content Panel offers this website (The “site”), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Client Terms of Service (“Client Terms”) are a legal agreement between you and The Content Panel LTD that govern use of and access to The Content Panel’s website (“The Site”) and all services, online or offline that The Content Panel agrees to provide to you in connection with The Site (“The Services”).
These Client Terms apply to all users of the site who are not “Content Providers”, including without limitation users who are browsers, vendors, clients, or customers.
Please read these Client Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by the Client Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If these Client Terms are considered an offer, acceptance is expressly limited to these Client Terms.
Any new features or tools which are added to the current site shall also be subject to the Client Terms. You can review the most current version of the Client Terms at any time on this page. We reserve the right to update, change or replace any part of these Client Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Client Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of the Client Terms will result in an immediate termination of your account and associated services.
If inconsistencies are present between these Client Terms and any other information and/or promotional materials related to the site or our services, these Client Terms will always govern and take precedence.
1.1 “Blog Management Post” means a submission that has been created by a content provider via a Blog Management Content Credit obtained through our blog management service.
1.2 “Self-Serve Post” means a submission that has been created by a content provider via a Self-Serve Content Credit Obtained through our self-serve service
1.3 “Content Provider” means a third party that submits a Blog Management Post or a Self-Serve Post through our platform.
1.4 “Third Party Content” means any content that is provided that in connection with a Blog Management Post or a Self-Serve Post that is owned by a third party.
1.5 “Your Site” means any website that Blog Management Posts or Self-Serve Posts obtained via our services will be posted on.
1.6 “Blog Post Topic” means a brief description of the subject of a Blog Management Post.
1.7 “Blog Management Content Credit” means a token that can be exchanged for one Blog Management Post of the same length and type as purchased.
1.8 “Self-Serve Content Credit” means a token that can be exchanged for one Blog Management Post of the same length and type as purchased.
1.9 “Account Guest” means a client account that has been created by an “Admin Client” to share access to their data on our platform.1.10 “Admin Client” means a client that has given on or more “Account Guests” access to their data on our platform.
2.1a Blog Management Service Description. The Content Panel provides a platform through which you can request that Content Providers create original Blog Management Posts for you. The Content Panel will make no more than two Blog Post Topic suggestions for each Blog Management Content Credit in your account. Second Blog Post topic suggestions will not be made for Blog Management Content Credits where the client has already accepted a Blog Post Topic suggestion. Unused Blog Post Topic Suggestion allowances cannot be transferred between Blog Management Content Credits. Blog Post Topic Suggestions will not be made for a Blog Management Content Credit when you have submitted a specific Blog Post Topic Request that is yet to be assigned a Blog Management Content Credit. Blog Post Topics will be sent to Content Providers once you have confirmed their suitability. The Content Panel will provide at least 24 hours notice to the customer (via email) before we confirm the suitability of Blog Post Topics as a result of the customer being unresponsive. The Content Panel may also submit and publish Blog Management Posts on your site on your behalf if you have authorized us to do so in connection with a particular service offering.
2.1b Blog Management Plan Specific Terms. The Content Panel provides several different services that you may select to receive. These additional services may include additional features, such as:
(a) Picture Perfect: You will receive an image file with every Blog Management Post you receive as part of our “Picture Perfect” package. The Content Panel is not responsible for providing additional image files if the original file selected is not suitable for your needs. The Content Panel does not guarantee the availability of specific images, types of images, or image formats. Image files provided to you by The Content Panel constitute Third Party Content.
(b) The Works: The Content Panel will publish Blog Management Posts on your website. It is your responsibility to ensure that The Content Panel is provided with publishing credentials for the website on which the Blog Management Posts are to be published. If The Content Panel does not receive publishing credentials or the publishing credentials do not provide required access, then The Content Panel will not be responsible for publishing the customer’s Blog Management Posts. The Content Panel will only make changes on your site that are required for the provision of our services. The Content Panel will attempt to maintain the security and confidentiality of the login credentials of your site, but we are not liable for any unauthorised access to your site.
2.2 Self-Serve Service Description. The Content Panel provides a platform through which you can request that Content Providers create original Self-Serve Posts for you. No topic suggestions will be made for Self-Serve posts. It is the customer’s responsibility to ensure that they have provided enough information for any Content Provider to successfully complete their Self-Serve post when placing an order. Occasionally The Content Panel will display the estimated time it will take a Content Provider to create and submit a Self-Serve post, The Content Panel makes no warranties or representation with respect to the accuracy of these time estimates and The Content Panel expressly disclaims any and all liability in connection with these time estimates.
2.3 Ownership: Subject to your compliance with these Client Terms, Content Providers grant you with all rights, titles, and interests in and to Blog Management Posts and Self-Serve Posts obtained through The Content Panel platform (excluding Third Party Content – e.g Image Files). It is the customer’s responsibility to review and request amendments on all Blog Management Post and Self-Serve Post submissions. When you receive a Blog Management Post from a Content Provider you are contracting directly with the Content Provider for the Blog Management Post. When you receive a Self-Serve Post from a Content Provider you are contracting directly with the Content Provider for the Self-Serve Post. The Content Panel makes no warranties or representation with respect to any Blog Management Post or Self-Serve Post obtained through our platform (except if expressly set forth in these Client Terms). The Content Panel does not endorse any Blog Management Post submitted by a Content Provider and expressly disclaims any and all liability in connection with such Blog Management Posts. The Content Panel does not endorse any Self-Serve Post submitted by a Content Provider and expressly disclaims any and all liability in connection with such Self-Serve Posts. The customer agrees that they have no right, title, or interest in a Blog Management Post until they have communicated that they accept the Blog Management Post via our platform. The customer agrees that they have no right, title, or interest in a Self-Serve Post until they have communicated that they accept the Self-Serve Post via our platform. Any publication, or distribution of a Blog Management Post (in whole or in part) constitutes that the customer accepts the Blog Management Post. Once a Blog Management Post has been accepted, no more edits or amendments may be requested of the Content Provider. Any publication, or distribution of a Self-Serve Post (in whole or in part) constitutes that the customer accepts the Self-Serve Post. Once a Self-Serve Post has been accepted, no more edits or amendments may be requested of the Content Provider.
2.4 Third Party Content. The Content Panel will not provide any Third Party Content in connection with a Blog Management Post or a Self-Serve Post without your request. To the extent that The Content Panel provides, you agree to be bound by the Client Terms that are applicable to any Third Party Content that is provided in connection with Blog Management Posts and/or Self-Serve Posts obtained by using The Content Panel. You agree to indemnify The Content Panel from and against any claim, demand, or action arising in connection with your violation of the Client Terms of any Third Party Content.
2.5 Availability. While The Content Panel attempts to ensure that our online platform and website is available for use at all times, service interruptions are occasionally inevitable due to including but not limited to maintenance, equipment failure, and other circumstances beyond the control of The Content Panel. You agree that The Content Panel will not be held liable to you for any unavailability, or discontinuance of our website or our services. You are responsible for all third party fees (such as bandwidth or mobile data charges) incurred while accessing or attempting to access our services.
2.6 Registration. You are able to access some online features of the services provided by The Content Panel by creating an account on our site (your “Account”). Your account will have a username and password which you are entirely responsible for. You agree to not disclose your account password to any third party and that you are solely responsible for all and any actions taken by your account, regardless of if you provided authorization for said actions. If you become aware of any unauthorised access of your account you agree to contact The Content Panel immediately at firstname.lastname@example.org You agree that all information that you provide to The Content Panel during your account registration is true, accurate, current, and complete. The Content Panel reserves the right to require you to change your password at any time for any reason.
2.7 Non-Circumvention, Non-Solicitation. During the period you maintain an account with The Content Panel and for one (1) year thereafter (“Restricted Period”) you agree that you will not attempt to induce or induce, attempt to solicit or solicit, attempt to indirectly solicit or indirectly solicit any Content Provider to terminate or alter their relationship with The Content Panel. Additionally, you agree that you will not directly hire or attempt to hire (as an employee, contractor, or otherwise) any person who is or who has been in the past 12 (twelve) months a Content Provider. For each individual violation of this section of the Client Terms you agree to pay The Content Panel the greater of either $5,000 USD or 2 times the total amount paid to The Content Panel by the customer since the customer first registered their account. You and The Content Panel agree that because it would be very difficult to determine the harm caused to The Content Panel in the event of you breaching the foregoing restriction you shall pay the to The Content Panel the amounts outlined in this section of the Client Terms as liquidated damages, and not as a penalty.
2.8 License To Use Website. The Content Panel grants you a revocable, personal, limited, non-exclusive, non-transferable licence to access the site and our services. The Content Panel expressly retains all ownership rights of all aspects of the site and you do not have rights to modify, obtain, possess, or control the source code of our site. You may only use the site while these Client Terms remain in effect. After any termination or expiration of your agreement to these Client Terms you shall have no rights of any kind to access the site or our services for any reason.
3. User submitted content. In these Client Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. The Content Panel does not claim ownership of your user content. You grant The Content Panel and applicable Content Providers a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant The Content Panel the right to sub-license these rights with the right to sublicense through multiple levels of sublicenses. You represent and warrant to The Content Panel that you have written permission from the copyright holder to use your user content or that you are the copyright holder yourself. You warrant that all moral rights in all of your user content have been waived and you agree to indemnify and hold The Content Panel, its directors, officers, employees, content providers, and shareholders for any violation of this provision and from any claim, action, or demand that arises with either The Content Panel’s or a Content Provider’s use of the content as permitted in these Client Terms. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Content Panel or a third party (in each case under any applicable law). The Content Panel reserves the right to edit or remove any of your user content that is submitted to this site, or stored on the servers of The Content Panel for any reason at its sole discretion.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
4. Pricing, Payment, Credits, And Charges
4.1 Pricing: All fees for the services are available on the site and are subject to change without notice. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4.2a Payment: The fees for the service are posted on our site and are subject to change without notice. You agree that payment will be made in advance to The Content Panel for the applicable fees for the services provided under these Client Terms. You will provide The Content Panel with accurate and complete billing information and The Content Panel will bill for all fees using the payment method you have selected. The Content Panel reserves the right to terminate your account and seek legal remedies if any of your billing information is found to be fraudulent. You agree that The Content Panel is not responsible for any charges or expenses resulting from charges billed by The Content Panel including but not limited to overdrawn accounts and exceeded credit card limits.
4.2b Blog Management Payment: You understand that the blog management services provided by The Content Panel are subscription based and will renew on a periodic basis (e.g monthly or annually). You understand that The Content Panel will charge you for each renewal without notice unless your blog management subscription is terminated as per these Client Terms.
4.3a Credits – Blog Management: To obtain Blog Management Posts through our service, you must first purchase Blog Management Content Credits. Blog Management Content Credits are issued when your subscription to our service renews. One Blog Management Content Credit can only be used to obtain one Blog Management Post. The word count of a Blog Management Post that can be obtained through the use of a Blog Management Content Credit depends on the level of service you have selected. Except as prohibited by law, unused Blog Management Content Credits will expire 6 months after issue or upon account termination. Except as required by law or as set forth in section 5 of these Client Terms, Blog Management Content Credits are not refundable, transferrable, or redeemable for cash.
4.3b Credits – Self-Serve: To obtain Self-Serve Posts through our service, you must first purchase Self-Serve Content Credits. Self-Serve Content Credits are issued when you submit an order through our Self-Serve platform. One Self-Serve Content Credit can only be used to obtain one Self-Serve Post. The word count of a Self-Serve Post that can be obtained through the use of a Self-Serve Content Credit will equal the amount you have selected when submitting your order. Except as prohibited by law, unused Self-Serve Content Credits will expire 6 months after issue or upon account termination. Except as required by law or as set forth in section 5 of these Client Terms, Self-Serve Content Credits are not refundable, transferrable, or redeemable for cash.
5. Refunds: The Content Panel will provide a refund of fees that have been paid for our blog management services if the customer requests a refund and the following conditions are met:
1. The customer cancels their account within thirty (30) days of registration
2. The customer has not accepted any Blog Management Posts obtained through The Content Panel
3. The customer requests a refund within thirty (30) days of registration
4. The customer has never previously cancelled an account on The Content Panel
Refunds will only be given for one subscription per account. Fees that have been incurred for add-ons and any additional services that have been provided by The Content Panel will not be refunded.
6.Third Party Linking: The Content Panel may facilitate your access to websites maintained by third parties with hyperlinks. Your access to and use of any Third Party Online Services is governed by the terms, conditions, disclaimers, and notices found on each site or otherwise associated with such Third Party Online Services. The Content Panel does not control, endorse, or accept responsibility for Third Party Online Services. Any dealings between you and any third party in connection with a Third Party Online Service, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
7. Account Suspension And Termination: You may terminate your subscription from your user dashboard at any time. For customers subscribed to our blog management package Termination takes effect when the current subscription term has concluded. It is the customer’s responsibility to cancel their subscription. The Content Panel has no obligation to refund any fees that do not meet the requirements in section 5 above. After account termination all of your rights to use the site and our services will cease immediately The Content Panel reserves the right to terminate your access to our site and services for any reason, at any time, without notice. You agree that The Content Panel shall not be liable to you or any third party for any termination of your access to the site or our services. We reserve the right to cancel or modify the services without notice. You agree that The Content Panel shall not be liable to you or any third party for any modification, or discontinuance of the services.8.1 Account Guests – Account Guests are notified via email that an account has been assigned to them by an Admin Client. For example, an employer might create an account on our platform for an employee Account Guests agree and understand that the Admin Client who created the Account Guest’s account (and other Account Guests of the same Admin Client) may be able to do the following:
- View all data the account guest has on our platform (with the exception of the account guest’s password). This includes (but is not limited to) billing details such as the billing name, billing address, payment method, and generated invoices the Account Guest receives from The Content Panel. The Admin Client CANNOT view the credit card details of the Account Guest. The Account Guest has no right to be notified if this happens.Edit all data the account guest has on our platform (with the exception of the account guest’s password).This includes (but is not limited to) billing details such as the billing name, billing address, payment method, and generated invoices the Account Guest receives from The Content Panel. The Admin Client CANNOT edit the credit card details of the Account Guest. The Account Guest has no right to be notified if this happens.
- Delete all data the account guest has on our platform. This includes (but is not limited to) billing details such as the billing name, billing address, payment method, and generated invoices the Account Guest receives from The Content Panel. The Admin Client CANNOT edit the credit card details of the Account Guest. The Account Guest has no right to be notified if this happens.
- Delete the Account Guest’s account without warning or notification, and for any reason the Admin Client deems appropriate.
- View all data the Admin Client has on our platform (with the exception of the Admin Client’s password). This includes (but is not limited to) billing details such as the billing name, billing address, payment method, and generated invoices the Admin Client receives from The Content Panel. The Admin Client has no right to be notified if the Account Guest views their data.
- Edit all data the Admin Client has on our platform (with the exception of the Admin Client’s password). This includes (but is not limited to) billing details such as the billing name, billing address, payment method, and generated invoices the Admin Client receives from The Content Panel. The Admin Client has no right to be notified if the Account Guest edits their data.
- Delete all data the Admin Client has on our platform (with the exception of the Admin Client’s password). This includes (but is not limited to) billing details such as the billing name, billing address, payment method, and generated invoices the Admin Client receives from The Content Panel. The Admin Client has no right to be notified if the Account Guest deletes their data.
10. Warranty Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: ¨YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE CONTENT PANEL AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AND OTHER REPRESENTATIVES (COLLECTIVELY, “COMPANY AND ITS AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY AND ITS AFFILIATES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
COMPANY AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORISED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CONTENT PANEL AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE CONTENT PANEL DURING THE 3 (Three) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT IT IS THE INTENTION OF YOU AND THE CONTENT PANEL THAT THIS PROVISION BE CONSTRUED AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
11. Indemnification: You agree to indemnify, and hold The Content Panel, its officers, directors, employees, agents, and Content Providers harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or Services; (b) your violation of these Client Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Site or Services caused damage to a third party.
12.1 Modification: The Content Panel reserves the right, at its discretion, to modify these Client Terms at any time by posting revised Client Terms on the Site and by providing notice via e-mail, where possible, or on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of our site and services following such modification constitutes your acceptance of the terms and conditions of this Agreement as modified.
12.2 Applicable Law and Dispute Resolution. These Content Provider Terms shall be governed by the laws of England and Wales without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that The Content Panel has not adhered to these Provider Terms, please contact us by e-mail at email@example.com and we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and The Content Panel are unable to reach a resolution to the dispute, you and The Content Panel will settle the dispute exclusively under the rules of the London Court Of International Arbitration (http://www.lcia.org/) at its London office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND THE CONTENT PANEL AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN THE CONTENT PANEL AND YOU INDIVIDUALLY. Further, unless both you and The Content Panel otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Services or these Provider Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
12.3 Relationship: At all times, you and The Content Panel are independent contractors, and are not the agents or representatives of the other. These Client Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties.
12.4 Enforcement: If any legal action is brought to enforce these Client Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
12.5 Force Majeure: Except for any payment obligations, neither you nor The Content Panel will be liable for failure to perform any obligation under these Client Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
12.6 Waiver: The failure of either party to insist upon or enforce strict performance of any of the provisions of these Client Terms or to exercise any rights or remedies under these Client Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
12.7 Construction: The headings of sections in these Client Terms are for your convenience. They are not to be used in interpretation.
12.8 Contact: The Content Panel is located in London, United Kingdom. Any questions, comments or suggestions, including any report of violation of these Client Terms should be provided to the Administrator via email at
12.9 Entire Agreement: These Client Terms constitute the entire agreement between you and The Content Panel and they govern your use of the Site and the Services. These Client Terms supersede any prior agreements between you and The Content Panel.
If any provision of these Client Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Client Terms shall otherwise remain in full force and effect and enforceable.