Terms of Use

These terms of use are an agreement between you and Daballoon Entertainment LLC. (“We,” “Us,” “Our”) regarding your use of Our app known as “Luv or Pop” (the “App”) and Our website located at www.luvorpop.com (the “Site”) (We also operate related websites and social media accounts, all of which will fall within the definition of the Site for purposes of these Terms of Use). By using the Site and/or the App, you agree to be bound by these Terms of Use.

Article I. CANCELLATION RIGHT

If you become a paid subscriber, you may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed through a service such as Apple or Google, you must cancel through that service, which will handle your refund. All other users may request a refund by contacting us at customersuccess@luvorpop.com, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account.

This notice shall be sent to:
DABALLOON ENTERTAINMENT LLC
9219 W SELLS DR PHOENIX,
AZ 85037

In accordance with Cal. Civ. Code §1789.3, California users may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Article II. BINDING AGREEMENT AND MODIFICATIONS

Please read these Terms Of Use carefully before using the Site or the App. By using the Site or the App, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use the Site or the App. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using the Site or the App after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

Article III. ELIGIBILITY

You must comply with all of the following to be eligible to use the Site and App and the services offered through the Site and App (the “Services”). Accordingly, you represent and warrant as follows:

  1. You are an individual and you are at least 18 years old;
  2. You are not prohibited by law from using our Services;
  3. You are not subject to any legal disability;
  4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;
  5. You are not on any list of people prohibited from conducting business with the United States;
  6. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you notified us, and we have determined that you are not likely to pose a threat to other users of our services;
  7. You are not required to register as a sex offender with any state, federal or local sex offender registry;
  8. You do not have more than one account on our Site or App; and
  9. Your account has not been previously suspended or terminated by Us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access the Site and App is automatically terminated, and you must immediately delete your account. If We determine in Our sole discretion that you violate our eligibility requirements or that you have violated any of our policies or that your continued use of the Site or App is otherwise potentially damaging to the operation use or enjoyment of our Site and/or App, We retain the right to terminate your account and remove your access to our Site and App without warning. We may also terminate your account or remove any material that you have posted at any time in our discretion with or without cause.

Article IV YOUR OBLIGATIONS

You agree that you will not do any of the following:

  1. reverse engineer, disassemble, decompile or create any derivative works of the Site or App or any content on the Site or App
  2. distribute, license, transfer, or sell the Site, the App, the Services or any derivative works or any portion of the foregoing;
  3. market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation or make available any additional app or services that runs in conjunction with the Site or App that has not been authorized by us;
  4. use the Site or App, without our authorization, for any commercial or other unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
  5. interfere with or attempt to interfere with or disrupt the proper working of the Site or App, or any networks connected to Site or App, or bypass any measures we may use for purposes of security or digital rights management or limiting geographical access or to otherwise prevent or restrict access to Site or App;
  6. create, distribute or offer any other program or product that interacts with the Site or App and that is not authorized by Us. In such case, We reserve the right to refuse service, terminate accounts or limit access to the Site and App in Our sole discretion;
  7. use automated scripts to collect information from or otherwise interact with Site or App;
  8. impersonate any person or entity, or falsely state, imply or otherwise misrepresent yourself, your identity or your affiliation with any person or entity;
  9. intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  10. use or attempt to use another’s account, service or system without authorization from Us;
  11. use the Site or App in a manner that may create a conflict of interest;
  12. use the Site or App to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
  13. use the Site or App to disseminate unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or the like;
  14. disclose any private information of any third party, including addresses, phone numbers, email addresses, credit card numbers or other identifiable personal information;
  15. upload to or use the Site or App to disseminate (i) any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person, (ii) any material that is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory, (iii) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; (iv) any material that is intended or that could be reasonably expected to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (v) any material that contains a threat of any kind, including threats of physical violence; (vi) any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; (vii) any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or (viii) material that, in Our sole judgment is objectionable or which restricts or inhibits any other person from using the Site or App, or which may expose, us or our users to any harm or liability of any type.

In addition to the above, your access to and use of the Site and App must, at all times, be compliant with Our Community Guidelines.

Article V: CONTENT

A. OUR CONTENT

As between you and Us, except for content that you create and upload to the Site or App or transmit through the Site or App (“Your Content”), all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Site and App, and other intellectual property rights in connection therewith (the “Our Content”), are either owned or licensed by Us. Use of Our Content for any purpose except as part of your normal personal use of the Services or as otherwise expressly permitted by these Terms of Use is strictly prohibited. Our Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and Our licensors reserve all rights not expressly granted in and to their content.

Subject to the terms and conditions hereof and to payment of applicable subscription fees, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, license to access and use the Site and App including to download the App on a permitted device, and to access Our Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms of Use. We reserve all rights not expressly granted herein Our Content. You acknowledge and agree that We may terminate this license at any time for any reason or no reason.

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content available through the Site and App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

We make no representations, warranties or guarantees, whether express or implied, that any of Our Content is accurate, complete or up to date.

B. YOUR CONTENT

You own Your Content, subject to the rights granted to us herein. You are responsible for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that the information you provide to Us or any other user is accurate, and that you will update your account information as necessary to ensure its accuracy. The content included on your individual profile should be relevant to the intended use of the Site and App. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms of Use, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content in and in connection with the Site and App and the advertising and promotion thereof and in connection with the products and services of our business partners.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

Article VI. PRIVACY

We respect the privacy of the visitors to the Site and users of the App. To see the Privacy Policy applicable to the Site and App, please go to: [ www.luvorpop.com/privacy]. You may delete your account and remove your information from public display through the Site and App by using the account deletion procedures available in the Site and App.

Article VII. LINKED SITES

The Site and the App may contain links to other sites on the Internet ('Linked Sites'). Linked Sites are operated subject to their own terms of use. We are not responsible for the content of any Linked Site that is not affiliated with us. The links to these sites are for your convenience only, and you access them at your own risk. Linked Sites that are on third party platforms are subject to the terms of use of those platforms.

We welcomes links to the Site and App. You may establish a link to Us, provided that the link does not state or imply any sponsorship or endorsement of your site by Us, Our affiliates, or any group or individual affiliated with Us. You may not use on your site or otherwise any logos, trademarks, service marks, or other copyrighted materials appearing on the Site or the App, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site or any other app any of the content or other materials on the Site or the App without prior written consent.

Article VIII. INDEMNITY

You agree to indemnify Us and Our officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the agreements, representations, and warranties set forth in these Terms of Use or otherwise arising from any material that you post, transmit or submit in connection with your use of the Site, App and Services.

Article IX. DISCLAIMER

THE MATERIALS IN THE SITE AND APP ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN OUR SITE AND APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ THROUGH THE SITE AND APP ARE NOT NECESSARILY THOSE OF US OR OUR AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS AS TO THE TRUTH THEREOF OR OTHERWISE. FURTHERMORE, NEITHER WE NOR OUR AFFILIATED OR RELATED ENTITIES OR OUR CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE SITE OR APP.

Article X. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, APP OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES OR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT ACCESSED BY YOU THROUGH THE SITE OR APP, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE OR APP, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00. FOR THE AVOIDANCE OF DOUBT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. YOU ACKNOLEDGE THAT YOU HAVE ASSUMED ALL RISKS OF HARM ASSOCIATED WITH YOUR USE OF THE SITE AND APP.

Article XI. JURISDICTIONAL ISSUES

The Site and the App are controlled and operated by Us from its offices within the State of California, United States of America and are directed primarily to users within the United States of America. All aspects of our relationship will be governed by the internal laws of California applicable to agreements entered into and fully performed in California. Users outside of the United States must determine whether use of the Site and/or App is permitted in their country. We make no representation that material in Our Site or App is appropriate or available for use outside of the United States. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Article XII. COPYRIGHTS AND COPYRIGHT AGENT

We respect the rights of all copyright holders and in this regard, We have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act or otherwise please contact: customersuccess@luvorpop.com

Article XIII DISPUTE RESOLUTION

This Article XIII (hereafter referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and Us. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all Disputes between you and Us shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

For the purpose of this Arbitration Agreement, “We” means Our company and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Us regarding any aspect of your relationship with Us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

  1. Pre-Arbitration Dispute Resolution: For all Disputes, you and We must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with Us by mailing written notification to Us at the following address DABALLOON ENTERTAINMENT LLC, 9219 W SELLS DR PHOENIX, AZ 85037. That written notification must include (1) your name, (2) your address, (3) your phone number, (4) your email address used to create your account, (5) a written description of the Dispute, (6) a description of the specific relief you seek, and (7) your personal signature. If We do not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. We must commence any Dispute We have with you by sending you a written notification to the email address used to create your account that includes a written description of the Dispute and a description of the specific relief We seek. If the Dispute is not resolved to our satisfaction within 45 days after you receive Our written notification, we may pursue our Dispute in arbitration. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands.

  2. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. However, this shall not preclude the application of Section k below. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

    For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of Section k below.

    In the event of a Mass Filing (defined in Section k below), the procedures, fees, and costs described in Section k will govern notwithstanding any applicable rule of the arbitration provider to the contrary.

    Because your contract with US, the Terms of Use, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable the substantive internal law of California consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

  3. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

  4. Location of Arbitration: The arbitration may be heard in Los Angeles, California, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.

  5. Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Delaware state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, we will pay the filing fees for you.

  6. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in Section k below, unless both you and We specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other user of Our services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding, except as set forth in Section k below.

  7. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and We are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and We might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and We give up those rights. Other rights that you or we would have if you or We went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

  8. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

  9. Continuation: This Arbitration Agreement shall survive the termination of your contract with Us and your use of the Site and App.

  10. Mass Filing: If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:

    • Acknowledgment of Mass Filing Protocols. If you or we, or you or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
    • Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor We will be required to pay any such filing fees. You and We also agree that neither you nor We shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor We shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
    • Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall proceed in court unless the parties agree to an alternative procedure. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
    • Arbitration Provider’s Authority to Apply Mass Filing Rules. Notwithstanding this Section k, if a series of arbitration demands is determined by the arbitration provider not to constitute a Mass Filing pursuant to this Arbitration Agreement, but such demands constitute a mass filing pursuant to the arbitration provider’s mass filing rules, the arbitration provider may apply its mass filing rules, procedures, and fees.
    • Enforcement of Subsection. A Court of competent jurisdiction located in federal or state court in Delaware shall have the power to enforce this subsection k.

  11. Unavailability: If for some reason AAA is not available to administer the arbitration, the dispute shall be resolved in state or federal court in California and you irrevocably submit to the jurisdiction of such courts for enforcement of any arbitration award or ruling on any issues relating to the Arbitration Agreement.

  12. Equitable Remedies. Notwithstanding the Arbitration Agreement, We will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of this Agreement.

Article XIV. RENEWALS

IN ORDER TO PROVIDE CONTINUOUS SERVICE, WE AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION UPON CONFIRMATION OF PURCHASE, AND AS OTHERWISE REQUIRED IN YOUR JURISDICTION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER TAXES (“RENEWAL FEES”) YOU FURTHER ACKNOWLEDGE THAT THE RENEWAL FEES ARE SUBJECT TO CHANGE AND MAY VARY BY YOUR PLACE OF RESIDENCE AT THE TIME OF SUBSCRIPTION.

Article XV. APP STORES

The following supplemental terms shall apply when download the App through an app store:

  1. These Terms of Use are between you and Us; no app store or device provider is a party to these Terms of Use.
  2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on applicable devices for which it is intended and that you own or control for personal, non-commercial use, and is subject to the terms of use for the applicable device.
  3. The app store and device provider are not responsible for the App or the content thereof and have no obligation whatsoever to furnish any maintenance or support services with respect to the App.
  4. The app store and device provider are not responsible for addressing any claims by you or a third party relating to the App.
  5. In the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, the app store and device provider are not responsible for the investigation, defense, settlement or discharge of such claim.
  6. The app store and device provider are third party beneficiaries of these Terms of Use and will have the right to enforce these Terms of Use against you as a third party beneficiary hereof.
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