Terms and Conditions

GENERAL TERMS AND CONDITIONS PASSIONFLINGS.COM

DISCLAIMER:

THIS WEBSITE AND THE SERVICES PROVIDED ON THIS WEBSITE ARE SOLELY FOR THE PURPOSES OF INTERACTIVE CHAT, MESSAGING, SIMULATED INTERACTIONS, AND OTHER ADULT ENTERTAINMENT.

THE PROFILES YOU SEE ARE CREATED FOR THE PURPOSES OF ENTERTAINMENT ONLY AND DO NOT REPRESENT REAL PERSONS.

IT IS NOT POSSIBLE TO ARRANGE FOR REAL DATES OR MEET REAL PEOPLE THROUGH OUR WEBSITE. PHYSICAL MEETINGS, VIDEO CALLS, OR ANY FORM OR REAL-WORLD INTERACTIONS ARE NOT POSSIBLE.

Binding Legal Agreement and Eligibility.
- Binding Agreement. These terms and conditions for services (these "Terms") are the only terms that govern the provision of services by Oceans 561 Inc ("us" or "our" or "Company") to you ("you" or "Customer") through our website passionflings.com ("Website"). Collectively, the Service Provider and you are the "parties".
- You Agree to these Terms. By using the Services provided through our Website, including by signing up and creating an account with us ("Account"), you agree to and acknowledge that these Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. By using this Website, you indicate that you accept these Terms (as well as our Privacy Policy) and that you agree to abide by them. If you do not agree to these Terms, or you are under 18 years of age or under the age of majority in your jurisdiction (I higher than 18), you may not use this Website or our Services. Checking the designated box and clicking on the "I Agree" button on the Sign Up page form means you accept and agree to these Terms even if you do not read them. If you do not agree to these Terms, you may not access this Website and any such attempt to do so without agreement to the Terms is a violation of these Terms and applicable contract law.
- Eligibility. To be eligible for an Account and to use our Services, you must:
  - be a natural person who is at least 18 years of age (or higher if the age of majority in your jurisdiction is greater than 18), and who is personally assigned to the email address submitted during your Account creation;
  - have the power and ability to enter into a contract with us;
  - not be physically located within a jurisdiction that prohibits the Services or otherwise prohibits or restricts you from accessing the Services and creating an Account (each, a "Restricted Jurisdiction");
  - at all times abide by these Terms.
- No sharing with minors or other ineligible persons. It is a violation of these Terms to share the content or access to the Services with minors and/or other ineligible persons. Such sharing may also be a violation of your local laws and we will report any such actual or reasonably suspected violations to local law enforcement.
Arbitration, Class Action Wavier, and Dispute Resolution. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ("CLAIM") ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 8 BELOW. PLEASE READ SECTION 8 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
Services.
- Nature of the Services. Our services are an online simulated matchmaking, messaging, interaction, and adult entertainment platform where you can pay to send messages to and receive messages from our virtual Hosts (the "Services"). By accessing our Website, you agree to be bound by and act in accordance with these Terms. The Services are for online adult entertainment and fantasy chat purposes only. Our Hosts are virtual personas operated by or on behalf of the Service provider to ensure you always have someone to chat with and to create a fantasy experience for you. They are not local dating partners. No physical meet-ups, video chats, or other real-world interactions are possible with Hosts.
- Host Interaction. You further understand, acknowledge, and agree that, from time-to-time, Hosts may contact you via both computer-generated Instant Messages or emails for purposes of encouraging further or broader participation in our Website's Services and/or your activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from Hosts will contain the uniform designation "Host" to notify the user that a message has been received from a Site Host. In the event the User responds to a Host message via email, the User may receive one or more additional personal or form responses from the Host. You understand, acknowledge, and agree that no physical meeting will ever take place between you and our Hosts, and that the exchange of messages between you and our Hosts is for entertainment purposes, as well as to encourage further or broader participation in our Website's Services and/or to monitor your activities. Notwithstanding the above, you are not guaranteed a response to any message sent to a Host or any other profile.
- Profiles by Third Parties. Some profiles may be create or operated by third-party contractors for monitoring and engagement purposes. The purpose of these types of profiles is to stimulate conversation with you and encourage further and broader participation in all types of Services. In addition, these types of profiles serve to sample user activities and communications to ensure compliance with these Terms. You further understand, acknowledge and agree that our personnel or contractors may contact you, from time to time, via computer- generated instant messages or emails for purposes of encouraging further or broader participation. Such messages and emails can also serve the purpose of monitoring user activity. If you choose to respond to such initiated message or email, the User may receive one or more further communications from our personnel or contractors. You understand, acknowledge, and agree that no physical meeting will ever take place and that the exchange above of communications is for your entertainment and amusement, to encourage broader participation and use of the Website, and to monitor user activities. For chatting platforms, you may need to ask for a test login with premium access to check the available options (as sometimes, such basic features as writing/receiving messages may be available for premium users only).
- Purchase of Tokens or Subscriptions. To interact with the Hosts and to send messages to profiles, you will need to obtain Tokens, which are non-refundable and non-fungible Services-specific means to purchase messages and use our Services. All Tokens represent pre-paid access to our Services and are non-refundable per these Terms. Subscriptions constitute reoccurring Token purchases that you agree to make automatically, on a recurring and periodic basis. The subscription shall automatically renew at the end of each subscription term unless terminated by you as specified below. By signing up for a subscription, you agree that we may charge your payment method on file for the subscription amount.
- Promotional Subscriptions; Loyalty Discounts. From time to time, we may offer or enroll our loyal customers in a loyalty program where randomly chosen customers will be granted a discounted or free subscription for a period, free tokens, or other benefits or perks as a reward for their loyalty and as a promotion intended to encourage the use of the Services.
- Tokens Have No Value; Tokens Are Nontransferrable; Expiration. Any Tokens that you purchase or acquire through a subscription have no value outside of our Website, may not be transferred to other accounts, and are otherwise solely for use on our Website and in relation to our Services. Any tokens that are not used within 90 days of purchase automatically expire and are forfeited with no option for refund or reimbursement.
- NO REFUNDS. Except in the event of our mistake or error, or as may otherwise be determined by us in our absolute and sole business discretion, there are no refunds for the Tokens or subscriptions for any reason. Notwithstanding this clause, refunds will be granted where required by applicable law or order of a court of competent jurisdiction.
- NO CHARGEBACKS. In the event that you dispute a charge (whether for a Token purchase or a subscription), please contact us at [email protected]. If you initiate a chargeback through your credit card company or other financial institution, such a process is contrary to our Terms and automatically and immediately terminates your Account and you may no longer use our Services.
- Restrictions on Use. You may not use, copy, reproduce, or redistribute the Services or related or derivative products or services without our express written permission. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (ii) providing unauthorized means through which others may use Services such as through server emulators or IP spoofing programs; (iii) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Services; (iv) interfering with any other party’s use and enjoyment of Services; and/or (iv) attempting to gain unauthorized access to third party accounts or the Services.
- Other Improper Conduct. In addition to the above, conduct that would be deemed improper also includes, but is not limited to:
  - Any violation of these rules or these Terms;
  - Using automated means (including but not limited to scripts and third-party tools) to interact with our Services in any way;
  - Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information from our Services or other users;
  - Obtaining other users’ information and spamming other users;
  - Interfering in any way with other users’ use of the Services;
  - Engaging in any illegal or unlawful conduct;
  - Abusing or misusing our Services in any way.
  - Other fraudulent conduct (“Fraudulent Conduct”), which includes:
    - hacking into any part of the Services through password mining, phishing, or any other means;
    - attempting to modify, reverse engineer, or reverse-assemble any part of the Services;
    - knowingly introducing viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
    - circumventing the structure, presentation or navigational function of any Services so as to obtain information that we have chosen not to make publicly available as part of the Services;
- Other Restrictions. You must not use the Services for any unlawful or fraudulent activity or prohibited transactions (including Fraudulent Conduct) under the laws of any jurisdiction that apply to you.
  WARNING: Although our Services are purely for entertainment purposes, you should not (under any circumstances) share personal or private information or any financial information with any other profile, user, or host. Always use caution with this sort of private and sensitive information.
- No Limitation on Remedies. Users further acknowledge that the closure of your Account or its suspension shall in no way prevent us from pursuing criminal or civil proceedings in connection with your misconduct conduct.
- Waiver and Indemnification on Using the Services. By registering for an Account and using our Services, you agree to indemnify, release and to hold us harmless, as well as our affiliates, agents, officers, directors, employees, shareholders, attorneys, and any of their representatives (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with the use of our Services, as well as any claims based on publicity rights, defamation, or invasion of privacy. We are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software, including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from use of our Services; inability to access any related Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
- Hacking. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OUR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Viruses. Although we take all reasonable measures to ensure that the Services are free from viruses (and similar malicious software) we cannot and do not guarantee that the Services are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus or other malicious software or activity.
Legal and Regulatory Compliance.
- Compliance With Laws. It is your sole responsibility to determine whether there are any laws that prohibit or restrict your ability to access the Services. ("Applicable Laws"). We may restrict the Services from availability in certain jurisdictions in our sole discretion, from time to time, and without any prior notice or liability to you.
- Your Warranties. Without limiting any of your other responsibilities and representations made as part of accepting these Terms, in consideration of accessing and/or using the Services, you represent and warrant that: (i) You have the right, capacity, and authority to agree to and to be bound by these Terms, to register for an Account, and to use the Services; (ii) You will comply with these Terms; (iii) All of the information that you provide to us is accurate and complete to the best of your knowledge, and you will promptly notify us in writing of any inaccuracies or incompleteness; and (iv) you are located in a jurisdiction (whether state, territory, or country) where it is not unlawful for you to access the Services, and you may otherwise use the Services without violating any applicable federal, state, local, or other law or administrative regulation.
- No Illegal Use. You agree that you will not engage in, attempt to engage in, or assist others engaging in any illegal or unlawful conduct related to or utilizing the Services, including but not limited to any conduct in violation of applicable civil or criminal laws.
- No Warranty of Access. Your ability to access the Services is not a representation from us that the Services are lawful in your jurisdiction of residence and that the Services comply with all applicable laws.
- Indemnification. You agree that you will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorney fees, arising out of or relating to (A) your breach of these Terms; (B) any or misuse of your Account and the Services by any person including yourself; (C) your violation of any applicable laws; and/or (D) your negligence or misconduct that results in actual or potential liability to us.
Licensing and Ownership.
- User License. Subject to these Terms, we grant you a personal, nonexclusive, limited, revokable, non-transferable, non-assignable, non-sublicensable, limited license to use and access the Services on a device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only.
- Ownership.
  - All Services and related materials, all logos, symbols, trade dress or "look and feel," all digital assets and those portions of the Services which are our property as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of our Services does not convey or imply the right to do so in combination with any other information or products. The computer software, the computer graphics, the Services and the user interface that we make available to you is owned by, or licensed to, us or our associates/affiliates and protected by copyright laws. You may only use the software for your own personal, recreational, entertainment uses in accordance with all rules, terms and conditions we have established (including these Terms and the Integrated Policies) and in accordance with all applicable laws, rules and regulations. You acknowledge that we are the proprietor or authorized licensee of all intellectual property in relation to any content that you post or create in relation to our Services. Your use of the Services does not provide you with any intellectual property rights in the Services.
  - You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles you publish or upload to any website or social media page controlled and operated by us. You must not reproduce or modify the user content (or any of our materials, documents, screenshots, screen captures, or other data associated with the Services) in any way, including by removing any copyright or trademark notice. All trademarks and logos displayed as part of the Services are the property of their respective owners and are protected by applicable trademark and copyright laws.
Termination.
- These Terms are effective from the point at which you access the Services.
- Account Termination. If you do no longer wish to maintain an Account on the Website, you will need to terminate your Account. You can terminate your Account by contacting our Customer Support via phone at 1 (888) 478-1443 or via email on [email protected].
  
  An User profile Maintenance Fee of up to $39.99 will be charged to your User profile in the event that you are inactive - do not sign-in - for 14 days or more, the User profile Maintenance Fee will be charged either every 14 days or 30 days (the Maintenance Fee will be adjusted according to how often it is charged) until you sign-in to your User profile again, this in order for you to keep your User profile with all your details, even when you are not active. The Maintenance Fee is not going to be applicable to the users who have purchased Premium Membership.
  
  When you come active again, after having been inactive for a period and charted the Maintenance Fee as described above, you will be able to convert the latest Maintenance Fee into a 30 days complimentary use of the Premium Membership. To avail this you will need to reach out to our Customer Support via phone on 1 (888) 478-1443 or via email on [email protected]. Please note, that you have no rights to a refund on any Maintenance Fee charged to you.
- The Premium Membership subscription will be automatically extended for successive renewal periods of the same duration and rate as the subscription term originally selected in accordance with the automatic renewal billing process explained in these Terms and Conditions.
- Please note that you must terminate your subscription at least 7 days prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please contact our Customer Support via either email [email protected] or via phone at 1 (888) 478-1443. Either you, or us, may terminate your Account at any time and for any reason by sending notice to the other.
- We reserve the right to immediately suspend or terminate your Account, and/or access to any of the Services, without notice, for any reason. We also reserve the right to remove your profile information or data from our Services and any other records at any time at our sole discretion. We also may contact local law enforcement authorities in our discretion to report any potentially illegal conduct or any other concern regarding the lawfulness and legality of your chat, interaction, or other use of our Services.
- If your access to any of the Services is suspended due to any suspected or actual breach of these Terms and Conditions (as determined by us in our sole and absolute discretion), you are not entitled to any refunds for prior payments made, however, if your Account or access to the Services are terminated for any reason, your subscription will be automatically terminated.
- Any notices from you and/or to www.passionflings.com for anything not related to membership, user management or technical support should, unless otherwise specified in these Terms and Conditions be sent via registered mail to the company’s address:
  Oceans 561 Inc
  700 S Rosemary Square, Suite 204#686, West Palm Beach, FL 33401, USA
  
  YOUR RIGHTS TO CANCEL SUBSCRPTION AT ANY TIME
  
  You may cancel your Account or subscription at any time by giving us notice of your wish to cancel by telephone or email:
  Telephone: 1 (888) 478-1443
  Email: [email protected]
  
  When emailing us you must include your profile information (screenname and email address) in order for us to verify that you are in fact the Account holder authorized to amend the account.
  
  Please be aware that any notice of intention to cancel shall take effect upon receipt by us. It is a breach of these Terms and Conditions to provide your Account details to any other person or third-party company. Therefore, only cancellations requested by you will be effective. A cancellation initiated by any other party or entity, will not be considered a valid cancellation and your subscription or Account will not be terminated.
Disclaimers and Liability Limitations.
- Disclaimer of Liability; No Warranty. IN NO EVENT SHALL WE, OUR AFFILIATES AND SERVICE PROVIDERS, OR ANY RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, ATTORNEYS, OR REPRESENTATIVES, BE LIABLE:
  - FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES OR THESE TERMS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY SERVICES, GOVERNED BY THESE TERMS.
- Further Disclaimers. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE OUR SERVICES.
- The Website and Services may contain errors, omissions, inaccuracies, or outdated information. We cannot guarantee and do not promise any specific results from use of the Website or our Services. We do not warrant the reliability of any statement or other information displayed or distributed through the Website or Services. We reserve the right to correct any errors or omissions in any portion of the Website or Services.
Dispute Resolution.
- ARBITRATION AND CLASS ACTION WAIVER
- PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- This Section does not apply if you are (i) a resident of the EEA, or any jurisdiction which does not allow these arbitration provisions; (ii) if you opt out of arbitration as provided in this section, or (iii) qualify for the exceptions provided below.
- INFORMAL PROCESS FIRST. You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to the Company Entities including the Services, the Prizes, and any use or access or lack of access thereto, will be resolved by binding arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Unless ordered otherwise, the arbitration will take place in the State of Utah, unless the parties agree to conduct proceedings remotely, by telephonic or computer technology means.
- EXCEPTIONS. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:
  - disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding; disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
  - intellectual property disputes.
- COSTS OF ARBITRATION. Each party is responsible for its own costs and expenses related to arbitration and the Claim, except that fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules.
- OPT-OUT OF ARBITRATION. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [email protected] or to the U.S. mailing address listed in the "How to Contact Us" section at the end of these Terms. The notice must be sent to the Company within thirty (30) days of your first registering to use or use of the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
- WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING ("CLASS ACTION"). You and the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Company agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
- IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Complaints and Customer Support.
- If you would like to contact our Customer Support department or have a complaint regarding our Services you may contact us via phone at 1 (888) 478-1443 or via email on [email protected].
- The following information must be included in any written communication with us (including a complaint):
  - your username;
  - your first and last name, as registered with your Account;
  - a detailed explanation of the complaint/claim;
  - any specific dates and times associated with the complaint/claim (if applicable); and
  - any evidence supporting your complaint/claim, including screenshots.
- Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner. We strive to inquire into official complaints immediately. Our goal is to respond to all complaints within 10 days, but no later than 20 days. In some circumstances we will require additional time to investigate, identify the issues, and to otherwise respond to your inquiry. If we anticipate delays, we will inform you via email associated with your Account.
Miscellaneous Provisions.
- Entire Agreement; Modification; Waiver. These Terms are the entire agreement between you and us. There are no other agreements, any prior agreements, arrangements, or understandings have been merged into these Terms, except as otherwise stated herein with respect to incorporating the Privacy Policy, which Privacy Policy is expressly a part of these Terms as if fully restated herein.
- Choice of Law. These Terms, your use of our Services, and our entire relationship will be governed, and interpreted in accordance with, the laws of the State of Utah in the United States, without regard for Utah’s conflict of laws principles.
- Severability. To the extent that any part of the Terms (or any of the integrated Policies) is found to be unenforceable or invalid by a court, the unenforceable or invalid portion shall be severed from the rest of the Terms, and the remaining Terms shall be given their full effect to the maximum extent permitted by law.
- Notices to You by Email. You agree that we may provide any and all notices to you via email at the email address you provide at the time of Account registration, and that all such notices shall be deemed given at the time that they are sent.
- Assignment. We may assign these terms at our discretion, in whole or in part, at any time without any notice to you. You may not assign these Terms or any license given to you by us in relation to the Terms.
- No Waiver. Any failure or delay by us to enforce any provision of these Terms shall not constitute a waiver of any applicable rights or be construed to prevent us from enforcing such Terms in the future.
- Force Majeure. We are not responsible or liable for any failure to perform or delay in our performance of any obligations or responsibilities under these terms that are due to events outside of our reasonable control.
- Explanation of Terms. We consider these Terms and Integrated Policies to be open and fair. If you need any explanation regarding these Terms or Integrated Policies or any other part of our Services, please contact Customer Support. These Terms control in the event of any inconsistency between a communication via email or chat and these Terms. We reserve the right to record all communications.
- Business Transfers. In the event of a change of control, merger, acquisition, or sale of assets of us, your Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or via our Services explaining your options with regard to the transfer of your Account
- Special Disclosure Regarding the Privacy Policy. These Terms incorporate our Privacy Policy, as if the Privacy Policy were set forth in its entirety here. The Privacy Policy explains the policies put in place and used by us to protect your privacy as you use the Services. We receive, store and use all information that you submit to us and all information you submit in registering for an Account and using the Services, in accordance with the Privacy Policy, so please read it carefully. Like these Terms, the Privacy Policy may change from time to time, and your continued access to your Account, use of the Services indicates your acceptance of the Privacy Policy as amended, and thus it is important for you to periodically access and review the Privacy Policy.