Welcome to Imerando, operated by S.C. Revolutics SRL (the “Company” or “Imerando”).
b. By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at email@example.com
c. We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on imerando.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Services and leaving Imerando. Furthermore, on the off chance that we redesign or overhaul the Services, you might be required to acknowledge the latest variant of the Agreement to get to the upgraded or updated Services.
2. Eligibility. No part of Imerando is coordinated to persons less than 18 years old. You should be no less than 18 years old to get to and utilize the Service. Any utilization of the Service is void where precluded. By getting to and utilizing the Service, you speak to and warrant that you have the right, power and ability to go into this Agreement and to comply with the greater part of the terms and states of this Agreement. On the off chance that you make a record, you speak to and warrant that you have never been sentenced a crime and that you are not required to enroll as a sex offender with any administration element. Utilizing the Service might be precluded or confined in specific nations. On the off chance that you utilize the Service from outside of the United States, you are in charge of agreeing to the laws and controls of the domain from which you get to or utilize the Service.
4. Term and Termination. This Agreement will stay in full force and impact while you utilize the Service and/or have an Imerando account. You may end your record whenever, for any reason, by taking after the directions in "Settings" in the Service. The Company may end or suspend your record whenever without notification if the Company trusts that you have broken this Agreement, or for some other reason, in its sole watchfulness. Upon such end or suspension, you will not be qualified for any discount of unused charges for in application buys. The Company is not required to uncover, and might be precluded by law from unveiling, the purpose behind the end or suspension of your record. After your record is ended, this Agreement will end, with the exception of that the accompanying procurements will in any case apply: Section 4, Section 8, Section 9(e), Section 15, and Sections 17-19.
5. Non-business Use by Users. The Service is strictly for individual use. Clients may not utilize the Service or any part contained in the Service (counting, yet not restricted to, parts of different clients, plans, content, representation, pictures, video, data, logos, programming, sound records and PC code) regarding any business attempts, for example, (i) promoting or requesting any client to purchase or offer any items or administrations not offered by the Company or (ii) requesting others to go to parties or other social capacities, or systems administration, for business purposes. Clients of the Service may not utilize any data acquired from the Service to contact, publicize to, request, or offer to whatever other client without his or her earlier express assent. Associations, organizations, and/or organizations may not utilize the Service or the Service for any reason aside from with Imerando's express assent, (for example, for advanced profiles or different promotions), which Imerando may give or deny in its sole caution. The Company may explore and make any accessible legitimate move because of illicit and/or unapproved employments of the Service, including gathering usernames and/or email locations of clients by electronic or different means with the end goal of sending spontaneous email and unapproved surrounding of or connecting to the Service.
6. Account Security. You are in charge of keeping up the secrecy of the username and secret password you assign amid the enlistment procedure, and you are exclusively in charge of all exercises that happen under your username and password. You consent to quickly advise the Company of any divulgence or unapproved utilization of your username or password or whatever other break of security at firstname.lastname@example.org and guarantee that you log out from your record at the end of every session.
7. Your Communication with Other Users.
1. YOU ARE EXCLUSIVELY IN CHARGE OF YOUR COLLABORATIONS WITH DIFFERENT CLIENTS. YOU COMPREHEND THAT THE ORGANIZATION AT PRESENT DOES NOT LEAD CRIMINAL PERSONAL INVESTIGATIONS OR SCREENINGS ON ITS CLIENTS. THE ORGANIZATION ADDITIONALLY DOES NOT ASK INTO THE FOUNDATIONS OF THE MAJORITY OF ITS CLIENTS OR ENDEAVOR TO CONFIRM THE ANNOUNCEMENTS OF ITS CLIENTS. THE ORGANIZATION MAKES NO REPRESENTATIONS OR GUARANTEES WITH REGARDS TO THE BEHAVIOR OF CLIENTS OR THEIR SIMILARITY WITH ANY PRESENT OR FUTURE CLIENTS. THE ORGANIZATION CLAIMS ALL AUTHORITY TO DIRECT ANY CRIMINAL HISTORICAL VERIFICATION OR DIFFERENT SCREENINGS, (FOR EXAMPLE, SEX OFFENDER REGISTER SEEKS), WHENEVER AND UTILIZING ACCESSIBLE OPEN RECORDS.
2. The Company is not in charge of the behavior of any client. As noted in and without restricting Sections 15 and 17 beneath, in no occasion might the Company, its subsidiaries or its accomplices subject (specifically or by implication) for any misfortunes or harms at all, whether immediate, backhanded, general, extraordinary, compensatory, significant, and/or coincidental, emerging out of or identifying with the behavior of you or any other individual regarding the utilization of the Service including, without constraint, demise, real harm, enthusiastic misery, and/or whatever other harms coming about because of interchanges or gatherings with different clients or persons you meet through the Service. You consent to take every single important safety measure in all collaborations with different clients, especially on the off chance that you choose to impart off the Service or meet in individual, or in the event that you choose to send cash to another client. What's more, you consent to survey and take after the Company's Safety Tips, situated in the Service, before utilizing the Service. You comprehend that the Company makes no sureties, either express or suggested, in regards to your definitive similarity with people you meet through the Service. You ought not to give your monetary data (for instance, your credit card or bank account data), or wire or generally send cash, to different clients.
8. Proprietary Rights. The Company claims and holds every single restrictive right in the Service, and in every single component, trademark, exchange names, administration marks and other protected innovation rights related thereto. The Service contains the copyrighted material, trademarks, and other restrictive data of the Company and its licensors. You consent not to duplicate, change, transmit, make any subsidiary works from, make utilization of, or imitate in any capacity any copyrighted material, trademarks, exchange names, administration marks, or other protected innovation or restrictive data available through the Service, without first getting the earlier composed assent of the Company or, if such property is not possessed by the Company, the proprietor of such licensed innovation or exclusive rights. You consent not to evacuate, obscure or generally change any restrictive notification showing up on any substance, including copyright, trademark and other licensed innovation takes note.
9. Content Posted by You in the Service.
1. You are exclusively in charge of the substance and data that you post, transfer, distribute, connect to, transmit, record, show or generally make accessible (hereinafter, "post") on the Service or transmit to different clients, including instant messages, talk, recordings (incl. video recordings), photos, or profile content, whether freely posted or secretly transmitted (by and large, "Substance"). You may not post as a component of the Service, or transmit to the Company or whatever other client (either on or off the Service), any hostile, mistaken, inadequate, harsh, revolting, disrespectful, debilitating, threatening, hassling, racially hostile, or illicit material, or any material that damages someone else's rights (counting protected innovation rights, and privileges of security and reputation). You speak to and warrant that (i) all data that you endless supply of your record, including data submitted from your Facebook record, is exact and honest and that you will speedily upgrade any data gave by you that along these lines gets to be off base, inadequate, misdirecting or false and (ii) you have the privilege to post the Content on the Service and give the licenses shown below.
2. You comprehend and concur that the Company may, yet is not committed to, screen or survey any Content you post as a component of a Service. The Company may erase any Content, in entire or to some extent, which in the sole judgment of the Company abuses this Agreement or may hurt the notoriety of the Service or the Company.
3. By posting Content as a major aspect of the Service, you naturally concede to the Company, its associates, licensees and successors, a non-select, transferable, sub-licensable, completely paid-up, overall right and permit to (i) use, duplicate, store, perform, show, repeat, record, play, adjust, alter and appropriate the Content, (ii) plan subordinate works of the Content or consolidate the Content into different works, and (iii) give and approve sublicenses of the prior in any media now known or from this point forward made. You speak to and warrant that any posting and utilization of your Content by the Company will not damage the privileges of any outsider.
4. In expansion to the sorts of Content portrayed in Section 9(a) over, the accompanying is a partial list of the sort of Content that is disallowed in the Service. You may not post, transfer, show or generally make accessible Content that:
· that advances prejudice, dogmatism, disdain or physical damage of any sort against any gathering or person;
· advocates provocation or terrorizing of someone else;
· requests cash from, or is proposed to generally defraud, different clients of the Service;
· involves the transmission of "junk mail", "junk letters," or spontaneous mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
· promotes data that is false or deceiving, or advances unlawful exercises or direct that is defamatory, derogatory or generally frightful;
· promotes an unlawful or unapproved duplicate of someone else's copyrighted work, for example, giving pirated PC projects or connections to them, giving data to go around assembling introduced copy-protect gadgets, or giving pirated pictures, sound or video, or connections to prated pictures, sound or video documents;
· contains video, sound photos, or pictures of someone else without his or her authorization (or on account of a minor, the minor's legitimate tutor);
· contains confined or password only access pages, or concealed pages or pictures (those not connected to or from another available page);
· provides material that adventures individuals in a sexual, vicious or other unlawful way, or requests individual data from anybody less than 18 years old;
· provides instructional data about unlawful exercises, for example, making or purchasing illicit weapons or medications, damaging somebody's security, or giving, scattering or making PC infections;
· contains infections, time bombs, trojan horse, cancelbots, worms or other hurtful, or troublesome codes, parts or gadgets;
· impersonates, or generally distorts alliance, association or relationship with, any individual or element;
· provides data or information you do not have a privilege to make accessible under law or under legally binding or trustee connections, (for example, inside data, restrictive and private data);
· disrupts the ordinary stream of discourse, causes a screen to "scroll" quicker than different clients can sort, or generally contrarily influences other clients' capacity to take part progressively trades;
· solicits passwords or individual distinguishing data for business or unlawful purposes from different clients or disperses someone else's close to home data without his or her authorization; and
· publicizes or advances business exercises and/or deals without our earlier composed assent, for example, challenges, sweepstakes, deal, promoting, and fraudulent business models.
· The Company saves the privilege, in its sole circumspection, to examine and make any lawful move against any individual who disregards this procurement, including expelling the culpable correspondence from the Service and ending or suspending the record of such violators.
5. Your utilization of the Service, including all Content you post through the Service, must follow every single pertinent law and controls. You concur that the Company may get to, save and reveal your record data and Content if required to do as such by law or in a decent confidence conviction that such get to, safeguarding or divulgence is sensibly fundamental, for example, to: (i) conform to lawful procedure; (ii) authorize this Agreement; (iii) react to cases that any Content abuses the privileges of outsiders; (iv) react to your solicitations for client benefit or permit you to utilize the Service later on; or (v) ensure the rights, property or individual security of the Company or some other individual.
6. You concur that any Content you put on the Service might be seen by different clients and might be seen by any individual going by or taking an interest in the Service, (for example, people who may get shared Content from other Imerando clients).
10. Prohibited Activities. The Company maintains whatever authority is needed to examine, suspend and/or end your record on the off chance that you have abused the Service or carried on in a way the Company views as wrong or unlawful, including activities or correspondences the happen off the Service yet include clients you meet through the Service. The accompanying is an incomplete rundown of the sort of activities that you may not take part in regarding the Service. You will not:
· impersonate any individual or substance.
· solicit cash from any clients.
· post any Content that is restricted by Section 9.
· "stalk" or generally disturb any individual.
· express or suggest that any announcements you make are embraced by the Company without our particular earlier composed assent.
· use the Service in an illicit way or to submit an unlawful demonstration;
· access the Service in a ward in which it is illicit or unapproved;
· ask or use clients to hide the personality, source, or destination of any wrongfully picked up cash or items.
· use any robot, bug, site look/recovery application, or other manual or programmed gadget or procedure to recover, file, "information mine", or in any capacity duplicate or evade the navigational structure or presentation of the Service or its substance.
· collect usernames and/or email locations of clients by electronic or different means with the end goal of sending spontaneous email or unapproved confining of or connecting to the Service.
· interfere with or disturb the Service or the servers or systems associated with the Service.
· email or generally transmit any material that contains programming infections or whatever other PC code, documents or projects intended to interfere with, devastate or limit the usefulness of any PC programming or equipment or information transfers hardware.
· forge headers or generally control identifiers keeping in mind the end goal to camouflage the inception of any data transmitted to or through the Service (either straightforwardly or by implication through utilization of outsider programming).
· "frame" or "mirror" any part of the Service, without the Company's earlier composed approval.
· use meta tags or code or different gadgets containing any reference to the Company or the Service (or any trademark, exchange name, administration imprint, logo or motto of the Company) to guide any individual to whatever other site for any reason.
· modify, adjust, sublicense, interpret, offer, reverse engineer, decode, decompile or generally dismantle any part of the Service any product utilized on or for the Service, or make others do as such.
· post, utilize, transmit or disperse, straightforwardly or in a roundabout way, (e.g. screen scratch) in any way or media any substance or data got from the Service other than exclusively regarding your utilization of the Service as per this Agreement.
11. Customer Service. The Company gives help and direction through its client care delegates. When discussing with our client care agents, you consent to not be injurious, indecent, foul, hostile, sexist, debilitating, irritating, racially hostile, or to not generally carry on improperly. On the off chance that we feel that your conduct towards any of our client care delegates or different representatives is whenever undermining or hostile, we claim all authority to quickly end your record.
12. In App Purchases.
1. Generally. Every now and then, Imerando may offer extra items and administrations for procurement ("in application buys") through the App Store ℠, Google Play or other application stages approved by Imerando (each, a "Product Store"). In the event that you make an in application buy, you will be invited to enter details for your record with the mobile platform you are utilizing (e.g., Apple, Android, and so on.) ("your IAP Account"), and your IAP Account will be charged for the in application buy as per the terms unveiled to you at the time of procurement and in addition the general terms for in application buys that apply to your IAP Account. In application buys may incorporate a free trial period. Toward the end of the free trial time frame, you will be charged the cost of the membership and will keep on being charged until you end your membership. To keep away from any charges, you should cross out before the end of the trial time frame. In the event that you buy an auto-repeating occasional membership through an in application buy, your IAP Account will be charged constantly for the membership until you cross out as per the stage terms. In all cases, please refer to the terms of your application stage which apply to your in application buys.
2. Super Likes and Other Virtual Items. Now and again, you might have the capacity to buy, with "true" cash, a restricted, individual, non-transferable, non-sublicensable, revocable permit to utilize "virtual things", including yet not constrained to Super Likes (on the whole, "Virtual Items"). You are just permitted to buy Virtual Items from us or our approved partners through the Service and not in some other way. Despite the wording utilized, Virtual Items speak to a constrained permit right administered by this Agreement. But as generally disallowed by relevant law, Virtual Items bought by you are authorized to you, and you thusly recognize that no title or proprietorship in or to Virtual Items is being exchanged or doled out hereunder. This Agreement ought not be understood as an offer of any rights in Virtual Items. Any Virtual Item adjust appeared in your record does not constitute a genuine adjust or mirror any stored value, however rather constitutes an estimation of the degree of your permit. Virtual Items do not attract expenses for non-use; provided, in any case, that the permit allowed hereunder to Virtual Items will end as per the terms and states of this Agreement, when Imerando stops giving the Service or this Agreement or your Account is generally terminated. Imerando, in its sole watchfulness, maintains all authority to charge expenses for the privilege to access or utilize Virtual Items and/or may appropriate Virtual Items with or without charge. You may buy Virtual Items just inside the Service or through a Software Store. Buy and utilization of Virtual Items through a Software Store are liable to such Software Store's representing records, including however not constrained to its terms of administration and protection arrangement. Imerando may oversee, manage, control, adjust or dispense with Virtual Items whenever. Imerando might have no risk to you or any outsider if Imerando practices any such rights. The exchange of Virtual Items is restricted, and you might not offer, recover or generally exchange Virtual Items to any individual or element. Virtual Items may just be recovered through the Service.
ALL BUYS AND RECOVERIES OF VIRTUAL THINGS MADE THROUGH THE ADMINISTRATION ARE DEFINITE AND NON-REFUNDABLE. The procurement of Virtual Items for use in the Service is an administration gave by Imerando that initiates quickly upon the acknowledgment of your buy of such Virtual Items. You consent to pay all expenses and material charges caused by you or anybody utilizing your Imerando account. Imerando may update the valuing for the merchandise and administrations offered through the Service whenever. YOU RECOGNIZE THAT IMERANDO IS NOT REQUIRED TO GIVE A DISCOUNT TO ANY REASON, AND THAT YOU WILL NOT RECEIVE PAYMENT OR OTHER INCOME FOR UNUSED VIRTUAL THINGS WHEN A RECORD IS CLOSED, WHETHER SUCH CONCLUSION WAS DELIBERATE OR AUTOMATIC..
13. Modifications to Service. The Company saves the comfortable time to adjust or cease, incidentally or forever, the Service (or any part thereof) with or without notification. You concur that the Company should not be at risk to you or to any outsider for any change, suspension or discontinuance of the Service. To ensure the uprightness of the Service, the Company holds the comfortable time in its sole circumspection to square clients from certain IP addresses from getting to the Service.
14. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not post, disperse, or repeat at all any copyrighted material, trademarks, or other restrictive data without getting the earlier composed assent of the proprietor of such exclusive rights. Without constraining the prior, in the event that you trust that your work has been replicated and posted on the Service in a way that constitutes copyright encroachment, please give our Copyright Agent the accompanying data:
· an electronic or physical mark of the individual approved to follow up for the benefit of the proprietor of the copyright interest;
· a portrayal of the copyrighted work that you guarantee has been encroached;
· a portrayal of where the material that you claim is encroaching is situated on the Service (and such depiction must be sensibly adequate to empower the Company to locate the charged encroaching material, for example, a url);
· your address, phone number and email address;
· a composed explanation by you that you have a decent confidence conviction that the debated use is not approved by the copyright proprietor, its operator, or the law; and
· a explanation by you, made under punishment of prevarication, that the above data in your notification is precise and that you are the copyright proprietor or approved to follow up for the copyright proprietor's benefit.
Notification of cases of copyright encroachment ought to be sent to email@example.com
The Company will remove the accounts of repeat infringers.
3. You recognize and consent that neither the Company nor its members and third party partners are responsible for and shall not have any risk, directly or indirectly, for any misfortune or harm, including personal injury or death, as an aftereffect of or claimed to be the result of (1) any erroneous or mistaken Content posted in the Service, whether brought on by users or any of the equipment or programming associated with or used in the Service; (2) the timeliness, erasing or removal, incorrect conveyance or inability to store any Content, communications or personalization settings; (3) the behavior, whether online or offline, of any user; (4) any blunder, exclusion or imperfection in, interruption, erasure, modification, delay in operation or transmission, robbery or destruction of, or unapproved access to, any user or user communications; or (5) any issues, failure or technical malfunction of any phone system or lines, computer hardware, servers or providers, computer hardware, software, failure of email or players on account of technical difficulties or traffic congestion on the Internet or at any website or combination thereof, including injury or harm to users or to any other individual’s computer or device in relations to or resulting from participating or downloading materials related to the Internet and/or related to the Service. TO THE MAXIMUM DEGREE ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO GUARANTEES OF ANY KIND, WHETHER EXPRESS, INFERRED, STATUTORY OR OTHERWISE WITH REGARDS TO THE SERVICE (COUNTING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT CONSTRAINT) ANY INFERRED WARRANTIES OF ACCEPTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR REASON OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE WITHOUT INTERRUPTIONS OR ERRORS, SECURE OR THAT ANY DEFECTS OR MISTAKES IN THE SERVICE WILL BE REMEDIED.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE AQUIRED USING THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE EXCLUSIVELY RESPONSIBLE FOR AND THEREFOR WAIVE ANY AND ALL CLAIMS AND REASONS OF ACTION REGARDING ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET CONNECTION, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF INFORMATION THAT RESULTS OR MAY RESULT BECAUSE OF THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACKNOWLEDGE THIS LIMITATION OF RISK, YOU ARE NOT APPROVED TO DOWNLOAD OR RECEIVE ANY MATERIAL THROUGH THE SERVICE.
5. From time to time, the Company may make third party conclusions, guidance, statements, offers, or other third party data or content available via the Service. All third party content bares the obligations of the respective authors thereof and should not necessarily be depended upon. Such third party creators are exclusively responsible for their content. THE COMPANY DOES NOT: (A) GUARANTEE THE PRECISION, FULLNESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT OFFERED THROUGH THE SERVICE, OR (B) ADOPT, UNDERWRITE OR ACKNOWLEDGE RESPONSIBILITY FOR THE PRECISION OR UNWAVERING QUALITY OF ANY SUPPOSITION, GUIDANCE, OR STATEMENT MADE BY ANY PARTY THAT IS PART OF THE SERVICE. BY NO MEANS WILL THE COMPANY OR ITS SUBSIDIARIES BE DEPENDABLE OR A RISK FOR ANY LOSS OR HARM AS A RESULT OF YOUR DEPENDENCE ON DATA OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
6. Notwithstanding to the previous paragraph and different provisions of this Agreement, any guidance that may be posted in the Service is for instructive and amusement purposes only and is not expected to trade or substitute for any professional monetary, medical, legal, or other guidance. The Company makes no representations or guarantees and explicitly repudiates any and all risk concerning any treatment, activity by, or impact on any individual following the information offered or given within or via the Service. In the event you have particular concerns or a situation
emerges in which you require proficient or medical counsel, you ought to counsel with a suitably prepared and qualified professional.
16. Links. The Service may contain, and the Service or third parties may offer, advertisements and promotions given by third parties and links to other sites or assets. You acknowledge and concur that the Company is not responsible for the accessibility of such outsider sites or resources, and does not support and is not liable for any content, data, statements, promoting, merchandise or services, or different materials on or accessible via such sites or resources. Your correspondence or professional dealings with, or participation in advertisements of, third parties found in or via the Service, including installment and conveyance of related merchandise or services, and any other terms, conditions, guarantees or representations connected with such dealings, are exclusively between yourself and such third party. You further recognize and concur that the Company shall not be dependable or at risk, directly or indirectly, for any harm or loss brought about or supposedly caused by or in connection with the utilization of, or dependence upon, any such content, data, statements, promotion, merchandise or services or different materials accessible on or via any such site or resource.
17. Constraint on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO OCCASION WILL THE COMPANY, ITS ASSOCIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE SUPPLIERS BE SUBJECT TO YOU OR ANY THIRD INDIVIDUAL FOR ANY INDIRECT, DEPENDENCE, CONSEQUENTIAL, MODEL, COINCIDENTAL, SPECIAL OR CORRECTIONAL HARMS, INCLUDING, WITHOUT RESTRICTION, LOSS OF BENEFITS, LOSS OF GOODWILL, HARM FOR MISFORTUNE, DEFILEMENT OR BREAKS OF INFORMATION OR PROGRAMS, SERVICE INTERRUPTIONS AND OBTAINMENT OF SUBSTITUTE SERVICES, REGARDLESS IF THE COMPANY HAS BEEN COUNSELLED OF THE CHANCES OF SUCH HARMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S RISK TO YOU FOR ANY CAUSE AT ALL, AND WITHOUT TAKING INTO ACCOUNT THE FORM OF THE ACTIVITY, WILL ALWAYS BE CONSTRAINED TO THE SUM PAID, ASSUMING ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TIME YOU HAVE AN ACCOUNT. YOU CONCUR THAT WITHOUT TAKING INTO ACCOUNT ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR REASON OF ACTION EMERGING OUT OF OR IDENTIFIED WITH THE UTILIZATION OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE DOCUMENTED WITHIN ONE YEAR AFTER SUCH CASE OR REASON OF ACTION EMERGED OR BE ALWAYS BARRED.
18. Arbitration and Governing Law.
7. Except for users living inside the European Union and elsewhere where disallowed by applicable law:
1. The exclusive method of resolving any question or claim emerging from or related to this Agreement (including any asserted breach thereof) or the Service shall be BINDING ARBITRATION managed by the American Arbitration Association. The one exception to the restrictiveness of arbitration is that you have the privilege to bring a personal claim against the Company in a small-claims court of competent jurisdiction. However, whether you choose arbitration or small-claims court, you may not under any circumstances initiate or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
2. By utilizing the Service in any way, you consent to the above arbitration agreement. In doing as such, YOU GIVE UP YOUR ENTITLEMENT TO GO TO COURT to affirm or safeguard any claims amongst you and the Company (with the exception of matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR ENTITLEMENT TO TAKE INTEREST IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be dictated by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are qualified to a reasonable hearing before the arbitrator. The arbitrator can give any help that a court can, however you ought to note that arbitration proceedings are typically more straightforward and more streamlined than trials and other legal proceedings. Decisions by the mediator are enforceable in court and might be overturned by a court only for extremely restricted reasons.
3. Any proceeding to uphold this arbitration agreement, including any proceeding to affirm, adjust, or vacate an arbitration award, may be started in any court of competent jurisdiction. If this arbitration agreement is for any means held to be unenforceable, any litigation against the Company (aside from small-claims court actions) may be started only in the federal or state courts situated in Dallas County, Texas. You hereby unavoidably agree to the jurisdiction of those courts for such reasons.
4. This Agreement, and any question between you and the Company, shall be governed by the laws of the state of Texas without respect to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
8. For users living within the European Union or elsewhere where this arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any debates emerging of or related to this Agreement or the Services. All claims emerging of or related to this Agreement or the Services will be litigated only in the federal or state courts of Dallas County, Texas, USA, and you and Imerando consent to personal jurisdiction in those courts.
19. Indemnity by You. You consent to indemnify and hold the Company, its associates, and affiliates, and its and their officers, agents, partners and employees, harmless from any misfortune, risk, claim, or request, including reasonable attorney's expenses, made by any third party because of or emerging from your breach of or inability to conform with this Agreement (counting any break of your representations and guarantees contained herein), any postings or Content you post through the Service, and the infringement of any law or regulation by you. The Company holds the right to assume the selective protection and control of any matter generally subject to reimbursement by you, in which occasion you will completely coordinate with the Company in connection therewith.
20. Notice. The Company may furnish you with notifications, including those in regards to changes to this Agreement, utilizing any reasonable means now known or in the future created, including via email, normal mail, short messages, MMS, text message or postings in the Service. Such notifications may not be received in the off chance you abuse this Agreement by accessing the Service in an unapproved way. You concur that you are regarded to have received any and all notifications that would have been conveyed, had you utilized the Service in an approved way.
22. Special State Terms. The following provisions are added to this Agreement for subscribers living in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the purchaser, may cancel this Agreement, without penalty or commitment, at any time before midnight of the third business day following the original date of this agreement, excluding Sundays and holidays. To cancel this agreement, please follow these guidelines:
If you subscribed to Imerando Plus utilizing your Apple ID:
To request a refund, go to iTunes, click on your Apple ID, select “View Apple ID”, sign in if requested, select “Purchase History,” find the transaction, and tap “Report Problem.” You can also submit a request at https://getsupport.apple.com/ContactInfo.action.
If you subscribed to Imerando Plus using your Google Play Store Account:
Please tap the “Contact Us” button at the bottom of the “Need Help” Section on the Imerando app and provide us with the order number. You can find the order number in the order confirmation email from the Google Play Store.
If you pass away before the end of your membership period, your estate might be qualified to a refund of that portion of any instalment you had made for your membership which is allocable to the period after your passing away. If you become disabled (in a manner that you are unable to utilize the services of Imerando) before the end of your membership period, you shall be entitled to a reimbursement of that portion of any instalment you had made for your membership which is allocable to the period after your incapacity by giving the company notice at the same address as listed above.