TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
1.1. Candy
Slice (the "App") and content available via the App or our emails
("Content") are distributed by Imponilox Limited or other company as
stated in an app store ("we" "us" "our" or the
"Company"). The App, together with the Content, tools, transactions
and other services available by using the App, are collectively referred to as
the "Service".
1.2. Your access and use of the Service
constitutes your agreement to be bound by these Terms and Conditions of Use
(the "Terms"), which establishes a legally binding contractual
relationship between you and the Company. For this reason, PLEASE READ THE
TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3. Please review also our Privacy Policy. The
terms of the Privacy Policy and other supplemental terms, policies or documents
that may be posted on the Service from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms at any time and for any reason.
1.4. Unless otherwise expressly provided
herein, we will alert you about any changes by updating the "Last
updated" date of these Terms and you waive any right to receive specific
notice of each such change.
2. IMPORTANT
DISCLAIMERS
2.1. THESE TERMS CONTAIN DISCLAIMERS OF
WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AS WELL AS
PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND
RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER).
UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR
IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND
IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
2.2. IF YOU DO NOT AGREE WITH ANY PART OF
THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE
TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.
3. PROFILE REGISTRATION
3.1. In order to use certain features of
the Service, you must register you profile in the App ("Profile") and
provide certain information about yourself as prompted by the registration
form.
3.2. If you register the Profile, you
represent and warrant to the Company that: (i) all required registration
information you submit is truthful and accurate; (ii) you will maintain the
accuracy of such information; and (c) your use of the Service does not violate
any applicable law or regulation or these Terms. Otherwise, the Service may not
operate correctly, and we may not be able to contact you with important
notices.
3.3. The
Service is not intended to be used by individuals under age of 16. You hereby represent and warrant to the Company
that you meet the foregoing qualification. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use
the Service. If you are a minor, you must have your parent or guardian read and
agree to these Terms prior to you using the Service.
3.4. The Company reserves the right to
suspend or terminate your Profile, or your access to the Service, with or
without notice to you, in the event that you breach these Terms.
3.5. You are responsible for maintaining
the confidentiality of your Profile login information and are fully responsible
for all activities that occur under your Profile. You agree to immediately
notify the Company of any unauthorized use, or suspected unauthorized use of
your Profile or any other breach of security. The Company cannot and will not
be liable for any loss or damage arising from your failure to comply with the
above requirements.
3.6. By using the Service, you agree to
receive certain communications, such updates on the App or a periodic e-mail
newsletter from the Company. You can opt-out of non-essential communications by
unsubscribing from the email notification.
4. SERVICE
4.1. You acknowledge that all the text,
images, marks, logos, compilations (meaning the collection, arrangement and
assembly of information), data, other content, software and materials displayed
on the Service or used by the Company to operate the Service (including the App
and the Content and excluding any User Content (as defined below)) is
proprietary to us or to third parties.
4.2. The Company expressly reserves all
rights, including all intellectual property rights, in all of the foregoing,
and except as expressly permitted by these Terms, any use, redistribution,
sale, decompilation, reverse engineering,
disassembly, translation or other exploitation of them is strictly prohibited.
The provision of the Service does not transfer to you or any third party any rights,
title or interest in or to such intellectual property rights.
4.3. The information you submit to us as
part of your registration, and any data, text and other material that you may
submit or post to the App ("User Content") remain your intellectual property,
and the Company does not claim any ownership of the copyright or other
proprietary rights in such registration information and the User Content.
Notwithstanding the foregoing, you agree that the Company may retain copies of
all registration information and the User Content and use such information and
the User Content as reasonably necessary for or incidental to its operation of
the Service and as described in these Terms and the Privacy Policy.
4.4. You grant the Company the
non-exclusive, worldwide, transferable, perpetual, irrevocable right to
publish, distribute, publicly display and perform the User Content in
connection with the Service.
4.5. Subject to these Terms, the Company
grants you a non-transferable, non-exclusive, license (without the right to
sublicense) to (i) use the Service solely for your personal, non-commercial
purposes, and (b) install and use the App, solely on your own handheld mobile
device (e.g., iPhone, Android, etc. as applicable) and solely for your personal,
non-commercial purposes.
4.6. You agree, and represent and warrant,
that your use of the Service, or any portion thereof, will be consistent with
the foregoing license, covenants and restrictions and will neither infringe nor
violate the rights of any other party or breach any contract or legal duty to
any other parties. In addition, you agree that you will comply with all applicable laws,
regulations and ordinances relating to the Service or your use of it, and you
will be solely responsible for your own individual violations of any such laws.
4.7. You are solely responsible for
obtaining the equipment and telecommunication services necessary to access the
Service, and all fees associated therewith (such as computing devices and
Internet service provider and airtime charges).
4.8. We retain the right to implement any
changes to the Service (whether to free or paid features) at any time, with or
without notice. You acknowledge that a variety of Company's actions may impair
or prevent you from accessing the Service at certain times and/or in the same
way, for limited periods or permanently, and agree that the Company has no
responsibility or liability as a result of any such actions or results,
including, without limitation, for the deletion of, or failure to make
available to you, any content or services.
4.9. Your access to and use of the Service
is at your own risk. The Company will have no responsibility for any harm to
your computing system, loss of data, or other harm to you or any third party, including,
without limitation, any bodily harm, that results from your access to or use of
the Service, or reliance on any information or advice.
4.10. The Company has no obligation to
provide you with customer support of any kind. However, the Company may provide
you with customer support from time to time, at the Company's sole discretion.
5. APP STORES, THIRD
PARTY ADS, OTHER USERS
5.1. You acknowledge and agree that the
availability of the App is dependent on the third party from which you received
the App, e.g., the Apple App Store, and/or other app stores (collectively,
"App Stores" and each, an "App Store").
5.2. You agree to pay all fees charged by
the App Stores in connection with the App. You agree to comply with, and your
license to use the App is conditioned upon your compliance with, all applicable
agreements, terms of use/service, and other policies of the App Stores. You
acknowledge that the App Stores (and their subsidiaries) are a third party
beneficiary of these Terms and will have the right to enforce these Terms.
5.3. The Service may contain links to
third party websites or resources and advertisements for third parties
(collectively, "Third Party Ads"). Such Third Party Ads are not under
the control of the Company and the Company is not responsible for any Third
Party Ads. The Company provides these Third Party Ads only as a convenience and
does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third Party Ads. Advertisements and other
information provided by Third Party Sites Ads may not be wholly accurate. You
acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources. When you link to a third party site, the
applicable service provider's terms and policies, including privacy and data
gathering practices govern. You should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction with any third
party. Your transactions and other dealings with Third Party Ads that are found
on or through the App, including payment and delivery of related goods or
services, are solely between you and such merchant or advertiser.
5.4. Each user of the Service is solely responsible
for any and all his or her User Content. Because we do not control the User
Content, you acknowledge and agree that we are not responsible for any User
Content and we make no guarantees regarding the accuracy, currency,
suitability, or quality of any User Content, and we assume no responsibility
for any User Content. Your interactions with other Service users are solely
between you and such user. You agree that the Company will not be responsible
for any loss or damage incurred as the result of any such interactions. If
there is a dispute between you and any Service user, we are under no obligation
to become involved.
5.5. You hereby release us, our officers,
employees, agents and successors from claims, demands any and all losses,
damages, rights, claims, and actions of any kind including personal injuries,
death, and property damage, that is either directly or indirectly related to or
arises from any interactions with or conduct of any App Store, any other
Service users, or any Third Party Ads.
6. PAYMENT TERMS
6.1. The App is free to download. However,
certain features of the Service may be offered for a fee. You will pay an App
Store the applicable fees (and any related taxes) as they become due.
6.2. Through the Service you may purchase
("In-App Purchase") certain extra in-app content, including special
features designed to enhance the performance and user experience of the Service
(“Goods”). IN-APP PURCHASES ARE SUBJECT, IN PARTICULAR, TO APPLE APP STORE
REFUND POLICIES. THIS MEANS WE CANNOT GRANT REFUNDS FOR IN-APP PURCHASES MADE
VIA APPLE APP STORE. YOU WILL HAVE TO CONTACT THE APPLE STORE SUPPORT.
6.3. The In-App Purchase is an exclusive
service for users who are either (a) of legal age as established by your
respective state or country of residence; or (b) under the legal age and have
the consent of their parents or guardians to make the In-App Purchase. Parents
of children under the legal age may select the Apple Store settings to restrict
In-App Purchases, and shall monitor their children’s accounts for unexpected
activity, including the In-App Purchases.
6.4. All In-App Purchases within the
Service can be performed by using any acceptable payment method accepted by the
Service if you are a legal adult in your country of residence.
6.5. As hereinafter provided, Goods are
provided "as is" without any warranty. Every purchase, sale, and
trade of Goods shall be final and non-refundable, unless otherwise determined
by us at our discretion.
6.6. You agree that purchased Goods have
no monetary value and do not constitute actual currency or property of any
type. The Goods may never be sold, transferred, traded or exchanged through any
legally acceptable payment method, goods or other items of monetary value from
us or anyone else.
6.7. You only get a limited, revocable,
personal, non-transferable, and non-sublicensable license to use Goods. You
acknowledge that you do not acquire any ownership rights in or to the Goods.
Any balance of Goods does not reflect any stored value.
6.8. You may not buy or sell any Goods or
your account in exchange for legally acceptable money or otherwise exchange
items for any other kind of value through any means other than that established
to provide the Service.
6.9. Once you acquire Goods, you may not
trade or transfer the Goods or your account to another user, unless such
functionality is provided to you by us by way of a feature or Service.
6.10. We may manage, control, regulate,
modify or eliminate Goods at any time, with or without notice, in our sole
discretion. We shall have no liability to you or any third party in the event
that we decide to exercise these rights.
6.11. All Goods may be forfeited if your
account is suspended or terminated for any reason, at our sole and absolute
discretion without prior notice, or if we discontinue the provision of the
Service, including, but not limited to, for the following reasons:
6.11.1. your account is inactive (i.e., not used or
logged into) for one year;
6.11.2. you fail to comply with the Terms (Terms of
Service, Privacy Policy);
6.11.3. we suspect fraud or misuse by you of the Goods
and the Service;
6.11.4. we suspect any other unlawful activity
associated with your account;
6.11.5. we are acting to protect the Service, any of
our users, or our reputation.
6.12. You will not receive money or other compensation
for unused Goods when your account is closed whether such closure was voluntary
or involuntary.
6.13. You may have no access to purchased Goods if you
change your device. To restore Goods purchased in-app, contact us at playme@betterme.world.
7. USER REPRESENTATIONS
AND RESTRICTIONS
7.1. By using the Service, you represent
and warrant that:
7.1.1. you have the legal capacity and you
agree to comply with these Terms;
7.1.2. you are not under the age of 16;
7.1.3. you will not access the Service
through automated or non-human means, whether through a bot, script or
otherwise;
7.1.4. you will not use the Service for
any illegal or unauthorized purpose;
7.1.5. you are not located in a country
that is subject to a U.S. government embargo, or that has been designated by
the U.S. government as a "terrorist supporting" country;
7.1.6. you are not listed on any U.S.
government list of prohibited or restricted parties; and
7.1.7. your use of the Service will not
violate any applicable law or regulation.
7.2. If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to refuse
any and all current or future use of the Service (or any portion thereof).
7.3. You may not access or use the Service
for any purpose other than that for which we make the Service available. The
Service may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
7.4. As a user of the Service, you agree
not to:
7.4.1. systematically retrieve data or
other content from the Service to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us;
7.4.2. make any unauthorized use of the
Service;
7.4.3. make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the Service;
7.4.4. use the Service for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
7.4.5. make the Service available over a
network or other environment permitting access or use by multiple devices or
users at the same time;
7.4.6. use the Service for creating a
product, service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the Service;
7.4.7. use any proprietary information or
any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the Service;
7.4.8. circumvent, disable, or otherwise
interfere with security-related features of the Service;
7.4.9. engage in unauthorized framing of
or linking to the Service;
7.4.10. interfere with, disrupt, or create
an undue burden on the Service or the networks or services connected to the
Service;
7.4.11. decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making up a
part of the Service;
7.4.12. attempt to bypass any measures of
the Service designed to prevent or restrict access to the Service, or any
portion of the Service;
7.4.13. upload or distribute in any way
files that contain viruses, worms, trojans, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer;
7.4.14. use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Service, or using
or launching any unauthorized script or other software;
7.4.15. use the Service to send automated
queries to any website or to send any unsolicited commercial e-mail;
7.4.16. disparage, tarnish, or otherwise
harm, in our opinion, us and/or the Service;
7.4.17. use the Service in a manner
inconsistent with any applicable laws or regulations; or
7.4.18. otherwise infringe these Terms.
8. DISCLAIMER OF
WARRANTIES
THE APP, CONTENT AND OTHER ASPECTS OF THE
SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE APP,
CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF
PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY
AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE
SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR
CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY RESULT OR OUTCOME CAN
BE ACHIEVED.
9. LIMITATION OF
LIABILITY
9.1. IN NO EVENT SHALL WE (AND OUR
AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE
(INCLUDING THE APP OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE
(INCLUDING THE APP, CONTENT AND USER CONTENT), AND THIRD PARTY ADS ARE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
9.2. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE
COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT
OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO
AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
9.3. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. INDEMNITY
You agree to indemnify and hold the
Company, its successors, subsidiaries, affiliates, any related companies, its
suppliers, licensors and partners, and the officers, directors, employees,
agents and representatives of each of them harmless, including costs and
attorneys' fees, from any claim or demand made by any third party due to or
arising out of (i) your use of the Service, (ii) your User Content, or (ii)
your violation of these Terms. The Company reserves the right, at your expense,
to assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written consent of
the Company. The Company will use reasonable efforts to notify you of any such
claim, action or proceeding upon becoming aware of it.
11. INTERNATIONAL USE
The Company makes no representation that
the Service is accessible, appropriate or legally available for use in your
jurisdiction, and accessing and using the Service is prohibited from
territories where doing so would be illegal. You access the Service at your own
initiative and are responsible for compliance with local laws.
12. MANDATORY
BINDING ARBITRATION AND CLASS ACTION WAIVER
12.1. PLEASE READ THIS ARBITRATION
PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW,
YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED
THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD
HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE
MORE LIMITED OR MAY NOT EXIST.
12.2. YOU AGREE THAT YOU MAY ONLY BRING A
CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER
AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
12.3. YOU AND THE COMPANY, AND EACH OF ITS
RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN
INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS
THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE
RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING
OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY,
UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF
ARBITRATION FOR DISPUTE RESOLUTION.
12.4. Arbitration is more informal way to
settle disputes than a lawsuit in court. A neutral arbitrator instead of a
judge or jury is used in arbitration, which allows for more limited discovery
than in court, and is subject to very limited review by courts. The same
damages and relief that a court can award can be awarded by arbitrators. Please
see more information about arbitration at http://www.adr.org.
12.5. A party which intends to seek
arbitration must first send to the other a written notice of intent to
arbitrate (a "Notice") by an international courier with a tracking
mechanism, or, in the absence of a mailing address provided by you to us, via
any other method available to us, including via e-mail. The Notice to the
Company must be addressed to: Florinis 7, Greg Tower, 2nd Floor, 1065, Nicosia,
Cyprus (as applicable, the "Arbitration Notice Address"). The Notice
shall (i) describe the basis and nature of the claim or dispute; and (ii) set
the specific relief sought (the "Demand"). If you and the Company do
not reach an agreement to resolve the claim within 30 days after the Notice is
received, then you or we may commence an arbitration proceeding as set forth
below or file an individual claim in small claims court.
12.6. THE AMERICAN ARBITRATION ASSOCIATION
("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE
WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR
CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THESE TERMS.
12.7. If you commence arbitration against us,
you are required to provide a second Notice to the Company at the Arbitration
Notice Address within seven (7) days of arbitration commencement. The Rules and
AAA forms are available online at http://www.adr.org.
Unless your Demand is equal to or greater than $1,000 or was filed in bad
faith, in which case you are solely responsible for the payment of the filing
fee, if you are required to pay a filing fee to commence an arbitration against
us, then we will promptly reimburse you for your confirmed payment of the
filing fee upon our receipt of the second Notice at the Arbitration Notice
Address that you have commenced arbitration along with a receipt evidencing
payment of the filing fee.
12.8. The arbitration shall be conducted
exclusively in English. A single, independent and impartial arbitrator with his
or her primary place of business in Alexandria, Virginia (if you are from the
United States) or in Nicosia, Republic of Cyprus (if you are not from the
United States) will be appointed pursuant to the Rules, as modified herein. You
and the Company agree to comply with the following rules, which are intended to
streamline the arbitration process and reduce the costs and burdens on the
parties: (i) the arbitration will be conducted online and/or be solely based on
written submissions, the specific manner to be chosen by the party initiating
the arbitration; (ii) the arbitration will not require any personal appearance
by the parties or witnesses unless otherwise mutually agreed in writing by the
parties; and (iii) any judgment on the award the arbitrator renders may be
entered in any court of competent jurisdiction.
12.9. TO THE FULLEST EXTENT PERMITTED
UNDER LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED
PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE
PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE
OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS
SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS
MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
12.10. The arbitrator shall have the
exclusive and sole authority to resolve any dispute relating to the
interpretation, construction, validity, applicability, or enforceability of
these Terms, the Privacy Policy, and this arbitration provision. The arbitrator
shall have the exclusive and sole authority to determine whether this
arbitration clause can be enforced against a non-party to this agreement and
whether a non-party to these Terms can enforce its provision against you or us.
12.11. Barring extraordinary
circumstances, the arbitrator will issue his or her final, confidential
decision within 120 days from the date the arbitrator is appointed. The
arbitrator may extend this time limit for an additional 30 days upon a showing
of good cause and in the interests of justice. All arbitration proceedings will
be closed to the public and confidential, and all records relating thereto will
be permanently sealed, except as necessary to obtain court confirmation of the
arbitration award. The award of the arbitrator will be in writing and will
include a statement setting forth the reasons for the disposition of any claim.
The arbitrator shall apply the laws of the Commonwealth of Virginia without
regard to its conflicts of laws principles in conducting the arbitration. You
acknowledge that these terms and your use of the Service evidences a
transaction involving interstate commerce. The United States Federal Arbitration
Act ("FAA") will govern the interpretation, enforcement, and
proceedings pursuant to this Section 12. Any award rendered shall be final,
subject to appeal under the FAA.
12.12. The above stated provisions of this
Section 12 shall not apply to any claim in which either party seeks equitable
relief to protect such party's copyrights, trademarks, patents, or other
intellectual property. For the avoidance of doubt, you agree that, in the event
the Company or a third party breaches these Terms, the damage or harm, if any,
caused to you will not entitle you to seek injunctive or other equitable relief
against us, and your only remedy will be for monetary damages, subject to the
limitations of liability set forth in these Terms.
12.13. You and we agree that, notwithstanding
any other rights a party may have at law or in equity, any claim arising out of
or related to these Terms (including the Privacy Policy) or the Service,
excluding a claim for indemnification, must be initiated with the AAA or filed
in small claims court in Alexandria, Virginia within one (1) year after the
claim accrues. Otherwise, such cause of action is permanently and forever
barred. This one (1) year period includes the thirty (30) day pre-dispute
procedure set forth in sub-clause 12.5 above.
12.14. All claims you bring against the
Company must be resolved in accordance with this Section. All claims filed or
brought contrary to this Section shall be considered improperly filed. Should
you file a claim contrary to this Section, the Company may recover attorneys'
fees and reimbursement of its costs, provided that the Company has notified you
in writing of the improperly filed claim, and you fail to promptly withdraw
such claim.
12.15. In the event that we make any
material change to this arbitration provision (other than a change to our
Arbitration Notice Address), you may reject any such change by sending us
written notice to our Arbitration Notice Address within thirty (30) days of the
change, in which case your Account and your license to use the Service will
terminate immediately, and this Section, as in effect immediately prior to the
amendments you reject, will survive the termination of these Terms.
12.16. If only clause 12.9 paragraph above
or the entirety of this Section 12 is found to be unenforceable, then the
entirety of this Section 12 will be null and void and, in such case, the
parties agree that the exclusive jurisdiction and venue described in Section 13
will govern any action arising out of or related to this Agreement.
12.17. YOU UNDERSTAND THAT YOU WOULD HAVE
HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR
CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU
UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH
BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
12.18. YOU HAVE THE RIGHT TO OPT-OUT OF
THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST
USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO playme@betterme.world OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR
OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND
CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN
THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT
ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH
BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
13. GOVERNING LAW
13.1. These Terms
shall be governed in accordance with the laws of
England and Wales (excluding its body of law governing conflicts of law).
13.2. To the extent that any action
relating to any dispute hereunder is permitted to be brought in a court of law,
such action will be subject to the exclusive jurisdiction of:
13.2.1. the state and federal courts in the
City of Alexandria, Virginia – if you are a resident of the United States; or
13.2.2. the courts of the Republic of
Cyprus – if you are not a resident of the United States;
and you hereby irrevocably submit to
personal jurisdiction and venue in such courts, and waive any defense of
improper venue or inconvenient forum.
14. MISCELLANEOUS
PROVISIONS
14.1. No delay or omission by us in exercising
any of our rights occurring upon any noncompliance or default by you with
respect to these Terms will impair any such right or be construed to be a
waiver thereof, and a waiver by the Company of any of the covenants, conditions
or agreements to be performed by you will not be construed to be a waiver of
any succeeding breach thereof or of any other covenant, condition or agreement
hereof contained.
14.2. Subject to Section 12, if any
provision of these Terms is found to be invalid or unenforceable, then these
Terms will remain in full force and effect and will be reformed to be valid and
enforceable while reflecting the intent of the parties to the greatest extent
permitted by law.
14.3. Except as otherwise expressly
provided herein, these Terms set forth the entire agreement between you and the
Company regarding its subject matter, and supersede all prior promises,
agreements or representations, whether written or oral, regarding such subject
matter.
14.4. The Company may transfer or assign
any and all of its rights and obligations under these Terms to any other
person, by any way, including by novation, and by accepting these Terms you
give the Company consent to any such assignment and transfer. You confirm that
placing on the Service of a version of these Terms indicating another person as
a party to the Terms shall constitute valid notice to you of the transfer of
Company's rights and obligations under the Agreement (unless otherwise is
expressly indicated).
14.5. All information communicated on the
Service is considered an electronic communication. When you communicate with us
through or on the Service or via other forms of electronic media, such as
e-mail, you are communicating with us electronically. You agree that we may
communicate electronically with you and that such communications, as well as
notices, disclosures, agreements, and other communications that we provide to
you electronically, are equivalent to communications in writing and shall have
the same force and effect as if they were in writing and signed by the party
sending the communication. You further acknowledge and agree that by clicking
on a button labeled "SUBMIT", "CONTINUE",
"REGISTER", "I AGREE" or similar links or buttons, you are
submitting a legally binding electronic signature and are entering into a
legally binding contract. You
acknowledge that your electronic submissions constitute your agreement and
intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH
THE SERVICE.
14.6. In no event shall the Company be
liable for any failure to comply with these Terms to the extent that such
failure arises from factors outside the Company's reasonable control.
15. CONTACT
If you want to send any notice under these
Terms or have any questions regarding the Service, you may contact us at: playme@betterme.world.
I HAVE READ THESE TERMS AND AGREE TO ALL
OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 15 April 2020