Last updated: March 30. 2021
Provision and/or solicitation of prostitution is illegal in some jurisdictions, including United States of America. By using the Platform, you agree not to offer, solicit, or provide any kind of services or activities illegal under the law applicable in the location where you reside or where you access the Platform or intend to use the Platform. As further detailed in this Agreement, we may remove from the Platform, at our sole discretion, any postings that may promote, offer, or solicit illegal services or activities; if we remove any such postings from the Platform, no refunds shall be made to the user whose content was removed. We have a zero-tolerance policy toward human trafficking, prostitution, and any other illegal conduct. We cooperate with law enforcement, pursuant to appropriate process, in investigating criminal activity. Activity that violates our zero-tolerance policy may result in a referral to law enforcement.
The Platform may include materials containing nudity and other explicit content. By accessing the website, you are representing that you are a consenting adult of legal age, as defined in Section 3 herein.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 16) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST ALMANACH BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
A. Parties. “You” and “your” refer to you, as a user of the Platform. A “user” is someone who accesses or in any way uses the Platform or our services. “We,” “us,” and “our” refer to Almanach Global LLC (“Almanach”) and its subsidiaries.
B. Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Platform, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Platform or services. “Third Party Content” means Content that originates from parties other than Almanach Global LLC or its users, which is made available in connection with the Platform.
3. ACCEPTANCE OF THIS AGREEMENT
By using the Platform, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Platform.We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement in the Platform.It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. You can determine when we last changed this Agreement by referring to the “Last updated” legend above.Your use of the Platform following changes to this Agreement will constitute your acceptance of those changes.This version of the Agreement supersedes all earlier versions and comprises the entire agreement between you and us regarding the Platform. If you do not agree to any provision of this Agreement, you should not use the Platform.
4. USING THE PLATFORM
A. Services. The Platform offers an entertainment advisor website where registered users can advertise their services and communicate with other registered users.
B. Permission to Use the Platform. We grant you permission to use the Platform subject to this Agreement. Your use of the Platform is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate. You may use the Platform only if you are a consenting adult of legal age (at least 18 years old or older if local law defines a person of legal age as older than 18 years old).
C. Availability. We may, at any time, modify or discontinue all or part of the Platform; refuse to provide any user with access to the Platform; charge, modify, or waive fees required to use the Platform; offer opportunities to some or all Platform users; remove or edit content; or cancel orders at our sole discretion.
D. Accounts. Use of the Platform’s basic features is free. Users need to register, or create an Account and provide certain information about yourself in order to (i) post advertisements on the Platform; (ii) communicate with other registered users via private messaging system within the Platform; and (iii) claim ownership of a business listed on the Platform. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4(D). We reserve the right to close your Account at any time for any or no reason. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Platform. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person without our prior approval.
i. Users. In order to verify identity and age of registered users, all registered users must submit a photograph clearly exhibiting their face and a government-issued photo ID document.
ii. Businesses. Each business listed on the Platform must be verified by an authorized representative. Proof of ownership or management of the business must be provided for verification. Listing a business on the Platform may be subject to certain fees.
F. Advertisements. Registered users may post one advertisement per day free of charge. Points may be used to (i) post more than one advertisement a day in any single category or (ii) obtain priority positioning of advertisements.
G. Points. Points can be bought via credit card payment, text message, bitcoin, or gift cards; no refunds shall be made for the value of points purchased, unless it can be clearly determined that a strictly technical issue prevented the user from obtaining the points purchased with proper means. Points can also be earned by inviting third parties to register as Platform users.
H. Communications. By accessing or using the Platform, you consent to receive communications through emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote the Platform or businesses listed on the Platform, and may be initiated by us, businesses listed on the Platform, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with us or made through the Platform may be monitored and recorded for quality purposes. You can opt-out of certain communications by submitting a request to [email protected]
I. Business Licensing. We do not attempt to verify any licenses a business or its representatives may have, and consumers should inquire about any such licenses with the business directly.
J. Content. Content available on the Platform does not necessarily reflect our opinion(s). We reserve the right to remove, screen, edit, or reinstate any Content at our sole discretion for any reason or no reason, and without notice.
B. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Platform and any Other Media the right to access Your Content in connection with their use of the Platform and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Almanach and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
C. Ownership. You own Your Content. We own Content we create and make available in connection with the Platform, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content) computer code, products, software, aggregate star ratings, and all other elements and components of the Platform excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the above-referenced Content and the Platform, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform and our Content are retained by us.
E. Other. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content.
6. RULES OF CONDUCT
A. General. We expect everyone on the Platform to treat one another, and the Platform, with honesty and respect. Please make sure your contributions are appropriate to the forum. Your use of the Platform is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Platform You represent and warrant that you will not, and will not assist, encourage, or enable others to use the Platform to:
i. Use the Platform for any fraudulent or unlawful purpose;
ii. Use the Platform to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Platform;
iii. Use our Platform with the intent of modifying, verifying, or compiling records of any kind, or the assessment of taxes by any taxation authority, its employees, or agent; iv. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform, or express or imply that we endorse any statement you make;
v. Post any information that contains adult or child pornography;
vi. Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies, or regulations of such networks;
vii. Post unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
viii. Transmit or otherwise make available in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, cancelbots, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
ix. Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Platform (including without limitation by hacking or defacing any portion of the Platform);
x. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
xi. Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
xii. Remove any copyright, trademark, or other proprietary rights notice from the Platform or materials originating from the Platform;
xiii. Frame or mirror any part of the Platform without our express prior written consent;
xiv. Use any robot, spider, Platform search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;
xv. Encourage others to violate this Agreement;
xvi. Refuse to follow our instruction or direction;
B. Our Obligation. We are under no obligation to enforce this Agreement on your behalf against another user. While we encourage you to let us know if you believe another user has violated this Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
C. Misc. As discussed, we reserve the right to remove any post, Content, or other material without warning or further notice. While we prohibit conduct and content that violates this Agreement, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform at your own risk. For purposes of this Agreement, "posting" includes uploading, posting, e-mailing, transmitting, or otherwise making content available. We may choose to waive the restrictions listed above on a one-time or repeated basis, without limiting our ability to enforce these provisions in the future. We may also enforce provisions against users to whom we have previously waived some or all of these restrictions, without any prior notice to the user.
7. BOOKING AND TRANSACTING
A. Generally. You can access features through the Platform that allow you to book or transact online with businesses. These features may be provided by our third-party partners, and may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting businesses themselves are responsible for fulfilling such bookings and transactions.
B. Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting business’s cancellation policy provided at the time of booking. You agree that we may facilitate any such payments and charges on behalf of the transacting business.
C. Coupons. Any coupons that we might issue for use in connection with the Platform are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
8. BUSINESS TERMS
A. In order to access or use the Platform as a Business, you agree that:
i. you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to this Agreement (such business or businesses, your “Business”);
ii. your access to or use of the Platform will only be in your capacity as an authorized representative of your Business;
iii. your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
iv. you grant us a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Platform, or allow for its display through iframes or other framing technology;
v. you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;
vi. you understand that we may display health score information for your Business, and may place a consumer alert regarding that health score, on the business page for your Business;
vii. you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under California law (Cal. Civil Code § 1670.8) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a consumer alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.
viii. You represent and warrant that you will not, and will not authorize or induce any other party, to:
1. offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that we may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
2. solicit or ask for reviews from your customers;
3. write reviews or vote on Content for your Business or your Business’s competitors;
4. pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent our software or fraud detection systems;
5. attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
6. use any automated means or form of scraping or data extraction to access, query or otherwise collect our data, content and/or reviews from the Platform, except as expressly permitted;
7. use any Almanach trademark or service mark in any manner without our prior written consent; or
8. misrepresent your identity or affiliation to anyone in connection with Almanach.
ix. You understand and acknowledge that our consumers may post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that we employ automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while we use our Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Richobo.
B. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ALMANACH ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED BELOW. If you are a resident of the United States or Canada, the federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Richobo, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in California, may require you to pay Almanach’s attorneys’ fees if you attempt to impose such liability on Almanach through legal proceedings.
9. COPYRIGHT AND TRADEMARK DISPUTES.
If you believe that your copyright or trademark is being infringed on the Platform, please send us a written notice with the following information:
i. Identification of the copyrighted or trademarked work that you claim has been infringed;
ii. Identification of the allegedly infringing content, and information reasonably sufficient to permit us to locate it on the Platform;
iii. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
iv. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
v. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
i. Identification of the copyrighted or trademarked work that was removed, and the location on the Platform where it would have been found prior to its removal;
ii. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
iii. A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which the Platform is offered if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice, or an agent of such person;
iv. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
You can send us your copyright or trademark notices to us by email at [email protected]
10. THIRD PARTY LINKS
Our Platform may include links to third-party websites, plug-ins and applications (collectively, “Links”). Clicking Links may allow third parties to collect or share data about you. We do not control these third-party sites or applications, and are not responsible for their privacy statements, policies, or terms. When you leave our Platform, we encourage you to read the privacy notices, policies, and terms of every other site which you visit. Links may or may not have our authorization, and we may block any Links to or from the Platform. Your use of third-party Links is at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Links.
Our Platform may provide information collected from public sources on the internet. We are unable to provide information about content that originated from another place as we do not collect origination data for crawled ads.
You agree to indemnify, defend, and hold harmless Almanach, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Almanach Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Platform, including Your Content, (ii) your violation of this Agreement, (iii) your breach of your representations and warranties provided under this Agreement, (iv) any products or services purchased or obtained by you in connection with the Platform, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. We reserve 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 such matter without the prior written consent of Almanach. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. DISCLAIMERS; LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ALMANACH ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE PLATFORM, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE PLATFORM AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PLATFORM (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE PLATFORM, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE PLATFORM AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE PLATFORM. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE PLATFORM, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PLATFORM. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PLATFORM. WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PLATFORM. WE DISCLAIM ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED IN THE PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED THROUGH THE PLATFORM. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS").
B. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE HELD RESPONSIBLE IN ANY WAY FOR THE OUTCOME OF YOUR USE OF ANY SERVICES PROMOTED ON THE PLATFORM OR RESULTING FROM ADVERTISEMENTS POSTED ON THE PLATFORM. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE PLATFORM, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE PLATFORM, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PLATFORM OR FROM ANY INFORMATION OR MATERIALS IN THE PLATFORM.
C. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM.
D. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE (i) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.00.
E. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PLATFORM OR YOUR USE OF THE PLATFORM. 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, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF THE PLATFORM.
13. ARBITRATION, DISPUTES, AND CHOICE OF LAW
A. ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND ALMANACH MUST BE RESOLVED THROUGH NEGOTIATION OR ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ALMANACH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND ALMANACH EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
B. In the event that the dispute, claim or controversy is not resolved by negotiations, the matter shall be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Nonetheless, legal action taken by us to collect any fees and/or recover damages for, or obtain an injunction relating to the Platform operations or intellectual property rights shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by us. Decisions entered as a conclusion of mediation or arbitration may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
C. This Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Platform) is governed by and shall be construed in accordance with the laws of The Russian Federation, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the courts located in The Russian Federation, and waive any jurisdictional, venue, or inconvenient forum objections thereto.
D. You hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes arising between one or more users or any other third party from use of the Platform.
14. GDPR COMPLIANCE. We strive to comply with the European Union General Data Protection Regulation ("GDPR"). Please review our "GDPR Statement" and our "GDPR Notice" posted on www.Richobo.com.
A. You may terminate this Agreement at any time by closing your Account, discontinuing any access to or use of the Platform, and providing us with a notice of termination by email.
B. We may close your Account, suspend your ability to use certain portions of the Platform, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Platform for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Platform, Your Content, or any other related information.
16. ADA COMPLIANCE, DISABILITIES, ACCESSIBILITY. We attempt to make its information accessible to all individuals. If you use special adaptive equipment and encounter problems when using our Platform, please report them using the following contact information: [email protected] We will let you know if the information is available in an alternate format. We strive to meet World Wide Web Consortium (W3C) Recommendations and other web industry standards, specifically conforming to HTML 5, CSS Level 3, WAI-ARIA, and the U.S. Access Board's Section 508 guidelines. We are committed to making the Platform available to as many people as possible and makes every effort to ensure its communications are accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments. If you come across a page you find difficult to use, please contact us at [email protected]
17. GENERAL TERMS.
A. This Agreement is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
B. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and the Platform is intended or created by this Agreement.
C. This Agreement, all rights herein, and all incorporated agreements may be automatically assigned by us, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Platform’s assets, or similar transaction. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
D. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
E. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and us nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
F. 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 Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
G. We reserve the right to modify, update, or discontinue the Platform at our sole discretion, at any time, for any or no reason, and without notice or liability.
H. If you have a question or a complaint regarding the Platform, please feel free to contact us via e-mail at [email protected] communications are not necessarily secure, so please do not include sensitive information in any e-mail to us.
All materials © 2021 Almanach Global LLC, unless otherwise noted. All rights reserved.