Last edited on
May 1, 2023
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, THESE TERMS CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
THE TERMS MAY BE UPDATED FROM TIME TO TIME, WE ENCOURAGE YOU TO KEEP TRACKING THESE TERMS AND DO NOT IGNORE OUR EMAILS OR NOTIFICATIONS AS THEY MIGHT INFORM YOU ABOUT FORESEEN CHANGES AND DEVELOPMENTS OF OUR WEBSITE.
(1) The Terms govern your use of services (“Services”) provided on w3rlds.com, (“Website”) as well as all other elements, software, code forming or incorporated into the Website. The breach of these rules may lead to legal consequences for you.
(2) By accessing or using the Website you are accepting these Terms “as is”.
(3) You must be at least 18 years old and be capable of taking responsibility for your actions. If you are under the age of 18, or you don’t reach the legal age of majority in your country (place of residence), then we encourage you to read these Terms with your parent(s) or guardian(s) who understand and agree to these Terms and accept them on your behalf. We are not obliged to check your age or implement services to do so.
(4) If you’re acting on behalf of a legal entity, we presume that you have the right and are entitled to register an Account on the Website. We are not obliged to check your powers to represent the legal entity or implement services to do so.
If you disagree with the Terms or updates, you must stop using the Website. By continuing to use the Website you hereby stand that you agree with the Terms without any limitations.
Certain features of the Website may be subject to additional rules, these rules will be posted on the Website and are integral parts of these Terms.
(1.1.) We give you the opportunity to create, modify, adapt, or develop with our assistance or independently virtual spaces (aka metaverse) that can be used in personal or commercial ways, you may upload, share, view content (AR - augmented reality - content, 2D or 3D content aka digital assets) that can be use independently or as a part of a virtual space. The scope of services available to you is depending on your subscription. We encourage you to carefully read the descriptions on the Website.
(1.1.1.) In these Terms “on the Website” should be equal to “in virtual spaces”/”content” and vice versa. Creation, modification, adaptation and development of the Content should be considered as independent actions as well as in relation to virtual spaces.
(1.2.) You can see our portfolio or recommendation on the main page, these projects must not be considered as professional advice or consultancy on investment, art, etc. We don’t provide any consultancy services and should not be treated as a personal advisor in any sphere apart from the Services We provide on the Website.
(1.3.) During using the Website and provided Services you may posting, creating, adapting, or modifying your Content or the Content provided by Us or third parties (Marketplace, Templates).
(1.4.) If we don’t agree otherwise You aren’t allowed to represent or imply to others that your Content is in any way sponsored or endorsed by Us.
(2.1.) To use the Website (and Services) you need to create an Account. For creating an Account, you need to provide the relevant information about yourself in accordance with the registration form. You must ensure that the information you share with us is verifiable, accurate, and up-to-date and you are responsible for its accuracy and completeness. You can always update this information in your Account.
(2.1.1.) We may ask you to provide us with the additional information to prove your statements made in the registration form. If you fail to provide us with complete and accurate information and verifiable proof, We may refuse to provide you with certain Services on the Website.
(2.1.2.) The visual and technical features and functions of the Account are at our sole discretion. We aren’t and will not be responsible for the content you are posting, creating, adapting, or modifying on the Website using our Services and making available for the public.
(2.1.3.) By posting, creating, adapting, or modifying the Content, you represent and warrant that:
- the Content in question is created by you or you have the right to use it,
- you didn’t license or transfer the exclusive rights to the third party which makes it impossible to use it on the Website,
- you don’t violate third-party rights (e.g., copyright, trademark, personal rights, likeliness),
- you don’t know about any complaints, claims, and disputes that may prevent you from using the Content on the Website.
(2.1.4.) We are not obliged to monitor your Account or Content. However, we may remove certain information or Content from your Account at any time and for any reason without notice if it violates these Terms or otherwise is illegal.
(2.2.) Registering the Account means that you confirm that:
(a) all required registration information you submitted is truthful and accurate;
(b) you will update your information if needed;
(c) you undertake the consequences of providing false or inaccurate information.
(2.3.) When signing up, you agree to get product updates and important product newsletters via email (non-marketing emails).
You may also subscribe to our advertising newsletters (marketing emails) while registering the Account.
You can unsubscribe by tapping «Unsubscribe» in your email. You can subscribe back any time you want.
(2.4.) You must keep your Account registration information, email, and password secret. You are responsible for all activities that may occur under your Account.
(2.4.1.) You must notify Us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the confidentiality requirement.
(2.5.) Please be aware that you are allowed to create only one Account. If we suspect that you have created multiple Accounts, we reserve the right to take action to ban or delete your suspicious accounts.
(2.6.) By registering an Account, you choose a name for using it on the Website. You must avoid any impersonation or misleading names, you must not include anything that is offensive or inappropriate, morally, ethically, or otherwise. In this case, we may suggest that you change your name.
(2.7.) We will communicate with you via electronic means (emails, notifications). You agree that any notifications, agreements, disclosures, or other communications delivered to your email provided in your Account are considered valid. To receive our notifications, you must ensure that the email you use to create an Account is up to date and you have full access to it. If you change your email, you must change it in your Account.
(3) PAYMENTS AND TAXES
(3.1.) We may allow you to have access to some features (Services) on the Website that are subject to additional fees. We may change the fees for any services provided to you via the Website without advance notice. Please be aware that the fees for the additional services you may discover on the Website are not refundable unless the transaction occurred due to a technical error.
(3.2.) In case You agree to pay additional fees You confirm that you have the right to use the chosen payment method. You confirm that the payment information is correct and belongs to you.
(3.3.) You authorize us to provide your payment information to payment service providers so we can complete your purchase.
(3.4.) You agree:
(a) to pay fees and any taxes, if applicable;
(b) that We may charge your credit card or payment processing account, for verification, pre-authorization, and payment purposes; and
(c) that We have the right to verify your identity in connection with your purchases, thus You may need to provide additional information to verify your identity before completing your purchase
(d) to bear any additional charges that your bank or financial service provider may levy on you as well as any taxes or fees that may apply to your order.
(3.5.) Your purchase isn’t legally binding until accepted and confirmed by Us. All payments are non-refundable and non-transferable.
(3.6.) We have the right to not process or to cancel your purchase, as follows but not limited to:
(3.6.1.) if your credit card is declined;
(3.6.2.) if we suspect fraud.
(3.7.) Neither We nor any third party affiliated, or not is responsible for determining the withholding, sales, use, value-added, transfer, or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your earnings or spendings. You agree that you are solely responsible for determining what, if any, Taxes apply to you and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.
(3.8.) We do not collect any fees for transactions occurring outside of the Website. You release Us and our subsidiaries, affiliates, officers, and successors of any liability for payments not received from any off-Website transaction.
(3.9.) Please note that your use of the Website may be subject to data charges imposed by your internet or mobile phone provider, and you will be responsible for payment of any such charges.
(4.1.) Excluding any content or work that you may provide to Us, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in or to the Website, are owned by Archeads Inc., its affiliates, subsidiaries, or suppliers. Neither these Terms nor your access to the Website transfer to you any rights, title, or interest in or to such intellectual property.
(4.1.1.) We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Website in order to use the Services provided by Us.
(4.1.2.) We and our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
(4.2.1.) The license granted to you is subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part;
(b) you cannot copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Website;
(c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website;
(d) you shall not access the Website to build a similar or competitive website, product, or service;
(e) all copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
(4.3.) Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms or related documents.
(4.4.) When you create, modify, adapt, or develop with our assistance or independently the virtual spaces or the Content or post any information in your Account you hereby grant Us a perpetual, non-exclusive, royalty-free, irrevocable license (including the right to grant sub-licenses through several levels) to use, reproduce, adapt, and distribute the Content and information throughout the world via the Website for the rendering of the Services and for promotional purposes on the Website and in social media if We don’t accept different terms of licensing in a separate agreement.
(4.4.1.) We will retain ownership of all intellectual property owned by Us and our affiliates, subsidiaries and licensees. You retain ownership of all Content you upload and modify, adapt, etc. on the Platform.
(4.4.2.) The virtual spaces that can be made using the provided Services shall be owned by Us in accordance with the Terms, and We grant You a fully paid-up, non-exclusive, royalty-free, non-transferable license to use, copy and modify the created virtual spaces in order to provide the Services.
(4.5.) You acknowledge and agree that any Content you upload or any virtual spaces that were created will be seen by other Users and may be used or arranged by other Users on the Website or published on other services including social media if such functions are available.
(4.6.) You agree that We reserve the right to format, reformat, cut, edit, crop, or arrange the Content of or information you made available in your Account if necessary.
(4.7.) We reserve the right (but have no obligation) to review any Content, to investigate and/or take appropriate actions if you violate these Terms, other applicable policies, laws or otherwise impose liability on Us or any other person. Such action may include removing or modifying your Content or banning your virtual spaces, terminating your Account, and/or reporting you to law enforcement authorities at any time without prior notice. You are solely responsible for creating and maintaining your backup copies of the Content you share via the Website.
(5) THE USE OF THE WEBSITE
(5.1.) The Website is provided on an “AS IS” and “AS AVAILABLE” basis. We reserve the right at any time to modify, suspend, or discontinue the Website (in whole or part) with or without any prior notice.
(5.2.) You agree that We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
(5.3.) You acknowledge and agree that We aren’t obliged to provide you with any support or maintenance in connection with the Website (in case we don’t agree otherwise). We continuously monitor the Website and we have the right, at any time, to update or modify the software as well as to access it remotely to detect any errors, faults, or “bugs”, or for any other legitimate reason.
(5.4.) If maintenance activities are scheduled, we will inform you by email of the date and time scheduled for this activity, indicating, if this occurs, the impossibility of access at the service.
(5.5.) We will not be responsible for events beyond its reasonable control such as, among others, fires, floods, weather conditions, war, guerrilla, measures imposed by civil or military authorities, strikes, lockouts, generalized network failures, government actions or any other event that is considered by law to be a “force majeure” event.
(5.6.) Our Services can be suspended for the continuation of the force majeure event and neither party will be deemed in default.
(5.7.) Please be informed that certain Services on the Website may be available only for certain supported devices on Apple and Android or may require the recent version of OS/device - the list of supported devices and OS will be provided on the Website. You’re solely responsible to check whether the desired features are available for you, we cannot and should not be liable for any inconvenience or errors that may arise with respect to your use of an outdated or unsuitable device or OS.
(6.1.) We allow you to create, modify, adapt and store on our platform virtual spaces or AR content (augmented reality content, see para. 1.1.). The detailed description of the Services is available on the Website and may vary from time to time.
(6.2.) Virtual spaces and content will be stored by Us and will be available for you on the Website and for third parties via the link.
(6.3.) You can make virtual spaces and content available for the public, and use for commercial and non-commercial purposes, you may delete virtual spaces and content, but we inform you that it makes your virtual spaces and content unavailable for you and third parties. You’re solely responsible for creating backup copies.
(6.4.) You can provide access to virtual spaces and content to third parties who can use their avatars (virtual depictions of a user or a visitor) and hosting events. We aren’t responsible for the user experience in virtual spaces and their communication with content, you’re solely responsible for the quality and look-and-feel of the virtual space and content you created and provided for users.
(6.5.) We can provide you with third-party Content and Services or help you to find partners for creating virtual spaces and content. You’re solely responsible for creating virtual spaces or using content (templates) and services as well as for your relationships with third parties on the Website.
(6.6.) Since We provide you with technical means to create a virtual space and upload content (and use third-party content and services) We will not be liable in case the provided content or services (templates) infringe someone's rights.
(7) ACCEPTABLE USE
(7.1.) You agree not to:
(i) upload, transmit, or distribute to or through the Website any malware, computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) use the Website to collect, gather, or assemble information or data regarding other users, including email addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies, or procedures of such networks;
(v) attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
(vi) harass or interfere with any other user’s use and enjoyment of the Website;
(vii) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters outlined in our robots.txt file);
(viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including concealing economic activity, laundering money, or financing terrorism;
(x) impose an unreasonable or disproportionately large load on our infrastructure or interfere with the operation of the Website.
(7.2.) We are not responsible for any information posted by Users, as we provide only technical means. We don’t carry out pre-moderation of information posted by Users on the Website.
(7.3.) We may limit the amount of information that a User may send, post, store, or receive through the Website and reserve the right to remove information that exceeds such limits in our sole discretion without prior notice and liability. A User is solely responsible for checking the applicable restrictions.
(7.4.) If you violate the acceptable use policy, We can suspend or ban your Account without any prior notification.
(8.1.) If you choose to provide suggestions or proposed modifications or improvements, you hereby grant Us an unlimited, perpetual, irrevocable, non-exclusive, royalty-free right to exploit your suggestions in any manner and for any purpose, including creating new products and services.
(8.2.) You understand and agree that You are welcome to provide Us with Your feedback, suggestions, ideas, and recommendations for improvements including the use, operation, functionality, appearance, and other features and characteristics of the Website.
(8.3.) Any feedback concerning the services provided from you, whether or not patentable or protectable in another form, belongs to Us upon your communication of such feedback. We may use the feedback at any time, in any manner, and in any form or
(8.4.) You hereby agree not to provide Us with any feedback in which any third party has or may have any right or in which You have any expectation of retaining or receiving any remuneration.
(9) INDEMNIFICATION AND WARRANTIES
(9.1.) You agree to indemnify and hold Us (and our affiliates, subsidiaries, officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:
(a) your use of the Website,
(b) your violation of these Terms,
(c) your violation of applicable laws or regulations, or
(d) your content in connection to the Services.
(9.2.) We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are indemnifying us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
(9.3.) We make no warranty on the following:
- the Website will meet all your requirements;
- the Services provided via The Website will be uninterrupted, timely, secure, or error-free;
- the results obtained from the use of The Website will be effective, accurate, or reliable;
- the quality of any content or services obtained by you from Us, another User, or any third party involved in the service performance will meet your expectations or be free from errors and/or defects.
(9.4.) Any content or information posted via the Website is the sole responsibility of such User. Each User accesses the Website at own risk and We shall not be liable for any errors or omissions in such work of art or information or for any related damage or loss.
(9.5.) You hereby release us from all liability for your interactions with other Users. We make no guarantee regarding the identity of any User and we shall not be responsible for any User accessing the Website or uploading any content and information.
(9.6.) You undertake to indemnify Us for any loss or damage that:
- arising from any breach by you of any warranty or other term herein or your misuse of any Content or information obtained through the Website;
- incurred by Us in relation to any third-party claim against Us for infringement of intellectual property rights or personal rights arising in relation to your Content or other information.
(9.7.) You agree that in no event We will 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 for any damages related to the loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if We have been advised of the possibility of such damages; or for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these Terms of the delivery, use, or performance of the service.
(9.8.) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (THE U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
(9.9.) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(10) THIRD PARTY LINKS
(10.1.) The Website may contain links to third-party websites and services, and/or display advertisements for third parties. This information isn’t under our control, and We aren’t responsible for any third-party information. We provide access to this information only as a convenience to you and do not review, approve, monitor, endorse, warrant, or make any representations for this information.
(10.2.) You use all third-party information at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any third-party information, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You can make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third-party information.
11.1. You hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other the website users or any third-party information).
11.2. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
(12.1.) Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website (including your Account) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms.
(12.2.) Upon termination of your rights under the Terms, your Account and right to access and use the Website will terminate immediately.
(12.3.) You understand that any termination of your Account may involve deletion of your content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your content.
(12.4.) If a court should find that one or more provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
(13.1. We shall have the right to assign our rights and/or delegate our obligations under these Terms, in whole or in part, to any person or legal entity.
(14) ARBITRATION AGREEMENT
14.1. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS A PART OF YOUR CONTRACT WITH THE US AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.2. Dispute Resolution
14.2.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Website, and any product or service provided by Us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
14.2.2. This Arbitration Agreement applies to you and Us, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
14.3. Notice Requirement and Informal Dispute Resolution
14.3.1. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Us should be sent to 220E 23rd st, New York, NY 10010 #400.
14.3.2. After the Notice is received, you and We may attempt to resolve the claim or dispute informally. If you and We do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
14.3.3. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
14.4. Arbitration Rules
14.4.1. Unless otherwise agreed to, all arbitration proceedings shall be held in English.
14.4.2. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms.
If you are a consumer, any claim, lawsuit, or dispute between you and Us arising out of or in connection with these Terms will be governed by the laws of your country of residence and you may resolve the dispute in any competent court of that country, otherwise, the arbitration rules shall prevail.
14.4.3. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
14.4.4. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (the US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
17.4.5. Any hearing will be held in a location within 100 miles of your residence unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings.
14.4.6. Each party shall bear its costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
14.5. Additional Rules for Non-Appearance Based Arbitration.
14.5.1. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
14.5.2. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
14.6. Time Limits
14.6.1 If you or We pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
14.7. Authority of Arbitrator
14.7.1. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and We, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, and the Terms.
14.7.2. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
14.8. WAIVER OF JURY TRIAL
14.8.1. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT, ANY LITIGATION SHOULD ARISE BETWEEN YOU AND US IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE IS RESOLVED BY A JUDGE.
14.9. WAIVER OF CLASS OR CONSOLIDATED ACTIONS
14.9.1. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
14.10.1. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
14.11.1. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
14.12. Right to Waive
14.12.1. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
14.13. Survival of Agreement
14.13.1. This Arbitration Agreement will survive the termination of your relationship with Us.
14.14. Small Claims Court
14.14.1. Notwithstanding the foregoing, either you or We may bring an individual action in small claims court.
14.15. Emergency Equitable Relief
14.15.1. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
14.16. Claims Not Subject to Arbitration
14.16.1. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
14.17.1. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the state of Delaware, for such purpose.
(15.1.) The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Us, or any products utilizing such data, in violation of the United States export laws or regulations.
Notification of Copyright Infringement:
If you believe in good faith that your copyright has been infringed, you may submit a notification of copyright infringement (17 U.S.C. § 512(c)(3)), this notification must contain the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
(2) Identification of the copyrighted work or works that you claim has been infringed;
(3) Identification of the material You believe to be infringing (that you want removed or as to which access is to be disabled) and information sufficient to enable Us to locate the material;
(4) Your email address and Your mailing address and/or telephone number so that You can be contacted;
(5) A statement by you that you “have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
(6) A statement by you that the information in your notification is accurate, and you further state that “under penalty of perjury,” you “are the copyright owner or authorized to act on the copyright owner’s behalf.”
If your notification is not in substantial compliance with these six requirements, We aren’t deemed to have notice of your claimed infringement.
Please submit your notice by mail or email:
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