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Terms and Conditions

 

The Terms of Use effective November 15, 2014.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms of Use of use ("Terms") apply exclusively to your access to, and use of, the website of MaxyArt.com ("MaxyArt"), located at www.MaxyArt.com (the "Website"), along with any other agreements, rules, policies and guidelines posted on the Website or otherwise provided to you by MaxyArt. These Terms do not alter in any way the terms or conditions of any other agreement you may have with MaxyArt, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and MaxyArt for violations of these Terms.

MaxyArt may, in its sole discretion, revise these Terms from time to time by updating the Terms, with the new terms taking effect on the date of posting. You should review the Terms every time you use this Website as they are binding on you. If you do not agree to the amended terms, you must stop using the Website.

You must be at least 13 years of age to (a) register and create an account on the Website, and (b) participate in any MaxyArt.com contest offered on the Website ("Contest"). By accessing and using the Website, you represent and warrant that you are a resident of these areas and at least 13 years of age and have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. If you are under the legal age of majority in your country or province of residence (a "Minor"), you will, by accessing and using the Website, represent that one of your parents or legal guardians has read, understood and agreed to be legally bound by these Terms, and that such agreement constitutes acceptance of these Terms on behalf of you and themselves. Any use or access to the Website by anyone under the age of 13 is strictly prohibited.

If you have any question regarding the use of the Website, please refer first to the Frequently Asked Questions. All other questions or comments about the Website or its contents should be directed to info@maxyart.com.

  1. Privacy Policy
  2. Please refer to our Privacy Policy for information on how MaxyArt collects, uses and discloses information from its users.

  3. Limited License
  4. Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation, the MaxyArt logo, and all videos, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the property of MaxyArt or its sponsors, licensors or users and are protected by Indonesia and international copyright and/or other intellectual property laws.

    You are granted a limited license to access and use the Website and electronically copy, (except where prohibited without a license) and print to hard copy, portions of the Website Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Website or the Website Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Materials, (d) modifying or otherwise making any derivative uses of the Website and the Website Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Website Materials other than for its intended purpose. Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of MaxyArt, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  5. Repeat Infringer Policy
  6. In accordance with the applicable law in Indonesia, MaxyArt has adopted a policy of terminating, in appropriate circumstances and at MaxyArt's sole discretion, subscribers or account holders who are deemed to be repeat infringers. MaxyArt may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  7. Payment
    1. 4.1  Client Payment
      1. When a Client purchase a Video, the Client is obliged to pay us the total amount in accordance to the chosen package ("Client Payment"), which comprises of :

        • Right of the First Party for their Video. ("Videomaker Fee");
        • fee and expenses in using out Services
        • fee and expenses which is charged by our third party partners, in relation with the Video Contest and other supporting services.
        • Any government withholding tax that may be imposed on the transfer of video rights to the Client.
        • Any tax that may be imposed on the delivery of products and/or other services provided within our Site; and
        • Other expenses (if any).

      2. Total Payment

        The total amount of payment shall be determined in accordance the choice made and confirmed by the issuance of our 'Video Invoice’ upon Client’s request in conducting a Video Contest.

      3. If a Client choose more than one Video, on top of a Winning Video in Video Contest , the Client shall pay another additional charges which comprise of:

        • The total fee of selected Videos (other than the Wining Video, each having the same price),
        • Other service fee imposed within the Site (the amount may be amended from time to time)

      4. The Client agrees not to be bound with any agreement or arrangement with the Videomaker, whether to pay any additional amount for the cost of the Video, or to settle any Video provision separately outside our Site.

    2. 4.2  Methods of Payment
    3. Client payments can be paid through bank transfer to the designated bank account.

    4. 4.3  The cost of Videomakers
    5. If the Client chooses to purchase the Video through a Video Contest, then we will pay the Videomaker the "Videomakers Fee" (after we receive the payment from the Client, in the agreed amount).

    6. 4.4  Position
    7. We do not provide any representation services, and do not have any power of attorney on behalf of another party. All funds deposited or paid shall be our perogrative right, and we entitled to use the funds as we deem fit.

    8. 4.5  Tax
    9. You agree to bear the responsiblity for all sort of government withholding tax due to the transaction within the Site, in accordance with the prevailing regulation. In this case, we are not going to collect, pay, report, charge, or deduct you.

    10. 4.6  Method of Transaction is as follows:
      1. The Client requests our service by filling the Statement of Interest and/or Brief describing the details of the video and set the price of the project (consist of Videomaker prizes and service charge) based on our proposal and packages, where we will issue an invoice of the nominal to be paid by the Client.
      2. The Client shall transfer in accordance with the nominal as mentioned in the point (a) of this clause to the designated account as stated within the Site.
      3. After the payment is made by the Client, the Client shall send payment confirmation to us through email.
      4. We will check the aforementioned confirmation sent by the Client, and once we have confirmed that the payment has been made and transferred in the correct amount, then within 12 (twelve) hours time of the receipt of confirmation, We shall begin the Video Contest.
      5. Video Contest will be held for 14 (fourteen) days time period or within the time period as agreed between MaxyArt and the Client.
      6. Upon the provided videos which created by the Videomakers, the Client is obliged to elect the winner within the period of the latest 1 (one) week as of the closing of the Video Contest. In this matter there is only 1 (one) or more winners, depends on the agreement between MaxyArt and the client stated within the Statement of Interest and/or the Brief.
      7. If within the 1 (one) week since the closing of the Video Contest, the Client has not choose the winner, then the right of the Client on the video will automatically be revoked and the money paid shall not be refunded.
      8. After the transfer of the video file is completed, then we will pay to the Winning Videomaker the Prize in accordance to his right, MaxyArt will attempt to notify the Videomaker at the email address the Videomaker provided MaxyArt. To receive the Award, the Videomaker must complete and return the Claim Form within 3 (three) days of notification. MaxyArt will pay Awards to winners within 14 (fourteen) days of receiving completed Claim Form.
  8. Trademarks
  9. MAXYART, MAXYART.COM, the MaxyArt logos and any other product or service name or slogan contained in the Website are trademarks of MaxyArt and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MaxyArt or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "MAXYART" or any other name, trademark or product or service name of MaxyArt without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of MaxyArt and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MaxyArt names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  10. Third Party Content
  11. MaxyArt may provide third party content on the Website and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. MaxyArt does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by MaxyArt, MaxyArt does not endorse or adopt, and is not responsible or liable for, any Third Party Content. MaxyArt does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. MaxyArt undertakes no responsibility to update or review any Third Party Content and Users use such Third Party Content contained therein at their own risk.

  12. Advertisements and Promotions of Third-Party Products and Services
  13. MaxyArt may run advertisements from third parties on the Website (other than Contests) or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. MaxyArt is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-MaxyArt advertisers or third party information on the Website.

  14. Submissions and Submission Agreement
  15. Contest Submissions. Eligible Website users who create an account and log into the Website may submit to the Website videos, radio advertisements, or other materials or content ("Content") as part of their entry materials for a Contest (each, a "Contest Submission"). Contest Submissions may be reviewed and rated by the community of registered Website users, MaxyArt, and companies participating with MaxyArt in a Contest. In addition to these Site Terms, all Contest Submissions shall be subject to, and by submitting or posting any Contest Submission you hereby agree to the terms and conditions of, the MaxyArt Contest Submission Agreement ("Submission Agreement"), the Contest Briefs, and Official Rules, which are incorporated herein by this reference. You should read these documents carefully before making any Contest Submissions as they create and grant certain rights, obligations and restrictions regarding your Content Submission. See Section 13 below and the applicable MaxyArt Contest Brief and Official Rules for more information regarding Contests.

    Other Submissions. You acknowledge and agree that any information or materials other than Contest Submissions, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or information regarding the Website, MaxyArt, the Contest Submissions or MaxyArt's products or services, that are posted on the Website or otherwise provided by you in the form of e-mail or other submissions to MaxyArt (together, the "Other Submissions"), are non-confidential as between you and MaxyArt and shall become the sole property of MaxyArt. MaxyArt shall own, and you hereby assign to MaxyArt, all right, title and Interest, including all intellectual property rights, in and to such Other Submissions and shall be entitled to the unrestricted use and dissemination of these Other Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by MaxyArt (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, MaxyArt of such Other Submissions.

  16. User Content and Interactive Services or Areas
  17. The Website permits the submission, posting and transmission of Content on or through the Website including without limitation Contest Submissions and Other Submissions ("User Content"). You are solely responsible for the User Content you post, and you agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

    1. User Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
    2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
    3. User Content that describes, references, or otherwise communicates violent, dangerous, illegal, and/or criminal acts.
    4. User Content that describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality.
    5. User Content that is copied from another Website user.
    6. User Content that is harmful to children in any way.
    7. User Content that is harmful to, or degrades the goodwill associated with the trademark(s) or name(s) of MaxyArt, or any company participating with MaxyArt in any Contest, or of any of such companys' products or services.
    8. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
    9. All User Content that does not have all necessary releases and permissions required to grant the licenses granted under the Submission Agreement, including without limitation valid name/likeness and/or model releases and property releases for User Content depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks other than trademarks provided by MaxyArt or any company participating with MaxyArt in any Contest.
    10. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
    11. Unsolicited promotions, political campaigning, advertising or solicitations.
    12. Private information of any third party, including without limitation addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers.
    13. Viruses, corrupted data or other harmful, disruptive or destructive files.
    14. User Content that, in the sole judgment of MaxyArt, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or participating in or enjoying any Contest, or which may expose MaxyArt, its Website users, or any company participating with MaxyArt in any Contest, to any harm or liability of any type.

    Any use of the Website in violation of the foregoing rules (the "User Content Rules") violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website and participate in the Contests. You remain solely liable for all User Content you submit or post on the Website or through the Contests. MaxyArt takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MaxyArt liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your access and use of User Content and posting of Contest Submissions and/or Other Submissions is at your own risk. As a provider of interactive services, MaxyArt is not liable for any statements, representations or User Content provided by its users on the Website. Although MaxyArt does not routinely review User Content and has no obligation to review, screen, edit or monitor any of the User Content posted on the Website, MaxyArt reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. MaxyArt reserves the right, in its sole discretion, to determine whether and what action to take in response to particular User Content, and any action or inaction in a particular instance shall not dictate or limit MaxyArt’s response with respect to other User Content.

    You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to submit and post such User Content to the Website and grant the licenses granted herein and in the Submission Agreement; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms, the Submission Rules, or any applicable laws, rules or regulations, and will not violate any rights of or cause injury to any person or entity.

    You retain all ownership of and copyright in any Contest Submissions you post or submit to the Website. If you post User Content to the Website, unless we indicate otherwise, you hereby grant MaxyArt and its affiliates a perpetual, irrevocable, worldwide, exclusive, license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense such User Content throughout the world in any form or media. Without limiting the foregoing, this grant includes the right to make editorial revisions to the User Content, to use and publish the User Content in any manner and form, including electronic, on the Website or in other media, whether now or hereafter created; to use the User Content for internal business purposes; to reproduce and distribute the User Content for marketing and publicity purposes, and to sublicense the User Content to third parties for any reason. For Contest Submissions, this license may be subject to additional rights, restrictions, terms and conditions as set forth in the Submission Agreement, and in the event of any conflict between these Terms and the Submission Agreement, the Submission Agreement will control. You grant MaxyArt and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, to the extent that it is made publicly available on the Website.

  18. Contests
  19. By submitting any Contest Submission, you acknowledge that you have read and agree to all of the terms, conditions and rules set forth in the Official Rules and the Submission Agreement.

  20. Registration Data
  21. Registration Data and Account Security. To access the Website and User Content, you do not need to register. In order to participate in a Contest, vote on Submissions, or post comments, you must be a MaxyArt community member by creating an online account. You may create an online account by creating a user name, password, an email address, gender, country, and year of birth ("Registration Data"). If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You are solely responsible and liable for maintaining the confidentiality of your password and for all activities that occur under your profile. You agree to notify MaxyArt immediately of any unauthorized access to your password or use of your profile or any other breach of security.

    You agree to:

    1. provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data");
    2. maintain the security of your password and identification;
    3. maintain and promptly update the Registration Data, and any other information you provide to MaxyArt, to keep it accurate, current and complete;
    4. accept all risks of unauthorized access to the Registration Data and any other information you provide to MaxyArt. If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, MaxyArt may suspend or terminate your account immediately. User accounts may not be merged under any circumstances.

    Acquiring and Redeeming Prizes. Eligible Contest participants have the opportunity to compete for prizes, including money prizes (collectively, "Prizes"). See MaxyArt's Official Rules and applicable Contest Brief for more information about participating in Contests and winning Prizes. Contest Prize winners will be notified by email by the date specified in the Official Rules and applicable Contest Summary.

  22. Linked Accounts
  23. MaxyArt permits you to associate your Website account with your Facebook, Twitter, or other social network account ("SNS"). When you establish a linked account, you can sign into the SNS and automatically sign into the Website at the same time. We are not responsible for the operation or functionality of any SNS. Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc.

  24. Indemnification
  25. You agree to defend, indemnify and hold harmless MaxyArt, its parent companies, subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Contest Submission, Other Submission, and/or User Content you post, store or otherwise transmit on or through the Website, your use of the Interactive Areas, your use of and conduct on the Website, and/or your violation of the Terms, Submission Agreement, Submission Rules, Official Rules, and/or any other MaxyArt terms, policies, or agreements concerning the Website and/or the Contests, including without limitation any actual or threatened suit, demand or claim made against MaxyArt and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.

  26. Disclaimer
  27. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MAXYART, THE WEBSITE, PRIZES, THE WEBSITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAXYART DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE WEBSITE. MAXYART DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MAXYART DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    MAXYART IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MAXYART ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES SAFE, MAXYART CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    MaxyArt reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MaxyArt.

  28. Limitation of Liability
  29. IN NO EVENT SHALL MAXYART, ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MAXYART, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MAXYART'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAXYART, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MAXYART FOR ACCESS TO OR USE OF THE WEBSITE.

  30. Applicable Law and Venue
  31. These Terms and your use of the Website shall be governed by and construed in accordance with the Indonesian Laws, applicable to agreements made and to be entirely performed within Indonesia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the country and located in Indonesia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

  32. Termination
  33. Notwithstanding any of these Terms, MaxyArt reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future your access to and use of the Website.

  34. Severability
  35. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.