SWYM

TERMS OF SERVICE

LAST UPDATED: July 24, 2023

TABLE OF CONTENTS

Introduction_ 2

1 Electronic Agreement 2

2 Services and Support 3

3 Account 4

4 Term_ 5

5 Fees, Payments and Refunds 5

6 Cancellations and Inactivity_ 7

7 Representations and Warranties 8

8 Intellectual Property Rights of SWYM_ 10

9 Privacy Policy_ 11

10 Interaction with Other Members 12

11 Limitation of Liability_ 12

12 No Warranties 12

13 Indemnity_ 13

14 Assignments 13

15 Choice of Law_ 13

16 Force Majeure_ 13

17 Survivability_ 14

18 Severability_ 14

19 Interpretation_ 14

20 Amendments and Waiver 14

21 Notices 14

22 Entire Agreement 15

Introduction

Welcome to SWYM. The following terms and conditions (these "Terms of Service" or "Agreement" or “Terms”) govern your access to and use of the SWYM website, mobile application (available for iOS and Android) including any content, functionality and services offered on or through SWYM website and/or mobile application (collectively referred to as the "Platform"). The Platform is operated by Novel Ground Ventures, LLC based in 132-01 Roosevelt Avenue PMB 818181, Flushing, New York, USA 11354 (hereinafter referred to as “SWYM” or “We” or “Us” etc.).

By using the Platform and the service provided thereon (the "Service"), you agree to be bound by these Terms of Service, whether or not you become a registered user of Platform (a "Member" or “You” etc.). If you wish to become a Member and/or make use of the Service, please read this Agreement. If you object to anything in this Agreement or the SWYM Privacy Policy, kindly do not use the Service.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1              Electronic Agreement

This Terms of Service is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Service is subject to change by SWYM at any time, effective upon posting on the Platform. By accessing and/or using the Service or becoming a Member, you accept this Terms of Service and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following SWYM's posting of revised terms of any section of the Terms of Service will constitute your express and binding acceptance of and consent to the revised Terms of Service.

2              Services and Support

2.1          The Platform allows Members to create a personal profile, create a geo-locked dating/networking pool and/or join a geo-locked dating/networking pool (hereinafter referred to as a “Pool” etc.). If the Member is physically at the geolocation of such Pool. Pool means an exclusive group of members present at an event, venue, conference, sporting event, concerts and other locations where people come together at a public or private place. Members have the ability to join a Pool as long as they are at the specified location. Once a Member has joined a Pool, Members can browse through the profiles of other Members of that Pool and choose whether to like their profile or not. If two Members in a Pool mutually like each other, this will create a match and allow those Members to message each other, thereafter they can interact through the Platform and/or meet in person at the Pool or at any other place mutually agreed between them at their own risk (the “Services”). The Platform uses the location services of your device, therefore as soon as you leave the geolocation of a Pool, you will be removed from the Pool.

 

2.2          The Platform is free to use; however, some specific features may require a paid subscription plan or add-ons purchased by you (see clause 5).

2.3          A compatible device is required in order to use the Services. Additionally, a stable connection to the Internet is required.

2.4          The Services are designed purely for your non-commercial personal use and reselling of Services is strictly prohibited.

3              Account

3.1          In order to use the Platform, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the Terms including our Privacy Policy; and 4) provide true, complete, and up to date legal and contact information. If you sign up for the Platform on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3.2          By using the Platform, you represent and warrant that you will use the Platform only for personal and non-commercial purposes.

3.3          By using the Platform, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Platform in a way that violates any laws or regulations. The Platform may refuse service, close accounts of any users, and change eligibility requirements at any time.

3.4          The Services are provided to you via dedicated account on the Platform. Every account is linked to a separate Member.

3.5          You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.

3.6          We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

3.7          By creating an Account on the Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any communication we send.

3.8          You can create an account through your account with certain third-party social networking services such as Facebook and Google (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

By creating an account on the SWYM App you agree too:

·       comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;

·       use your real name and real age in creating your SWYM account and on your profile; and

·       use the services in a professional manner.

You agree that you will not:

·       act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;

·       misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;

·       disclose information that you do not have the consent to disclose;

·       stalk or harass any other user of the App;

·       create or operate a pyramid scheme, fraud or other similar practice, or;

·       develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from SWYM or its services, or otherwise copy profiles and other data from the services.

You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile in chat by clicking the ‘Report User’ link. We reserve the right to investigate any possible violations of these Terms, any SWYM user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.

We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

YOU UNDERSTAND THAT NOVEL GROUND VENTURES DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. NOVEL GROUND VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. NOVEL GROUND VENTURES RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

You agree to, and hereby do, release NOVEL GROUND VENTURES and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by NOVEL GROUND VENTURES or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published.

4              Term

4.1          The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms.

5              Fees, Payments and Refunds

5.1          Browsing and using of the Platform and basic Services is free of cost, however in order to access certain “Premium Features” such as creating a Pool, you must purchase those paid services (“Premium Feature Charges”). Premium Features once purchased, are non-refundable, non-transferable and non-returnable and must be utilized within thirty days from the date of purchase. Premium Features are further divided into “Standard Premium Features” and “Sponsored Premium Features” and charges attached to such are called “Standard Premium Features Charges” and “Sponsored Premium Features Charges”.

5.2          Standard Premium Features and Standard Premium Features Charges: Individual Members can use Standard Premium Features such as creating a Pool by paying the Standard Premium Features Charges posted on the Platform. An individual Member must pay Standard Premium Features Charges every time he/she wants to utilize Standard Premium Features such as creating a Pool.

5.3          Sponsored Premium Features and Sponsored Premium Features Charges: Members and event organizers (“Sponsors”) can also use Sponsored Premium Features specially created for sponsored events, by paying the Sponsored Premium Features Charges specified. Sponsored Premium Features may include customized features and add-ons based on the level of sponsorship chosen by the sponsor of the Pool.

5.4          As long as you’re using Premium Features, you’ll provide the Platform with valid credit card information and authorize us to deduct the Premium Features Charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to the card information provided. If, for some reason, we’re unable to process your credit card order, your sponsored Pool purchase will remain incomplete. Consecutive charge retries does not change and/or extend your Premium Features expiry date.

5.5          We provide refunds under these circumstances only; when a system-wide malfunction prevented the system from rendering Premium Features to Member or Sponsor and Member or Sponsor reported the incident(s) with evidence to the Platform support team; Member(s) or Sponsor(s) will not be entitled to a refund from the Platform under any other circumstances.

5.6          We may introduce new or cancel existing Premium Features at any time and change pricing from time to time. You will be informed about any of the changes in advance via email and/or on our Platform.

5.7          You are responsible for any taxes imposed on the services provided under this agreement except in cases where legislation requires us to collect the taxes.

5.8          We reserve the right to shut down our Services or Premium Features at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused services.

5.9          Reselling of the Services or Premium Features to third parties is not permitted under any circumstances.

6              Cancellations and Inactivity

6.1          We may at any time terminate our agreement with you if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).

6.2          Once terminated, we may permanently delete your account and all the data associated with it.

6.3          If you do not log in to your account for twelve or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

6.4          If the Platform terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused services under this Agreement.

6.5          For all accounts, the Platform may charge an account Reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.

7              Representations and Warranties

7.1          You hereby represent and warrant to SWYM as follows:

a.       Any content posted by you on the Platform, and each and every part thereof (collectively "Your Content"), is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use. If and where relevant, you also authorize SWYM to use Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Services, any and all services and any third party services. For the sake of clarity, the foregoing sentence shall only apply to Your Content posted on the Platform, and not to Your Content stored on the Service or otherwise on servers provided by SWYM.

b.       Your Content and the availability thereof on the Service does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.

c.       You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.

d.       Your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and

e.       Your Content, including any comments that you may post on the Platform, is not and will not be unlawful, offensive, abusive, libelous, defamatory, racist, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion, or sexual orientation.

f.        Your Content does not and will not create any liability on the part of SWYM, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

7.2          SWYM reserves the right to remove Your Content, suspend or terminate your access to the Service and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

7.3          You hereby acknowledge and agree that SWYM cannot and does not review the Content created or uploaded by its Members, and neither SWYM nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

7.4          SWYM and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded on the Platform by Members, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Members on the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against SWYM, or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.

7.5          You Bear Risk of Upload. SWYM uses reasonable security measures in order to attempt to protect Your Content. However, SWYM cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will SWYM be liable for any copying or usage of Your Content not authorized by SWYM. You hereby release and forever waive any claims you may have against SWYM for any such unauthorized copying or usage of Your Content, under any theory of liability. We do not have any obligation to store your content - if it’s important, you should make a copy.

THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY SWYM HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

8              Intellectual Property Rights of SWYM

8.1          The Services and Platform contains Intellectual Property of SWYM in the form of Platform content, graphics, videos, audios, text and any other digital content (“Platform Content”). This is an Agreement for the Services, and you are not granted a license to any Platform Content under this Agreement. Except to the extent that applicable laws prevent the Platform from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Platform, or Platform Content; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Platform Content in any manner other than as expressly permitted in this Agreement.

8.2          The Services shall be used for your own personal and non-commercial purpose only and you shall not use the Services or any Platform Content for your commercial benefit or commercial benefit of any third party.

8.3          You acknowledge and agree that the Services, the word marks, names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of SWYM or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by SWYM or by other parties that have licensed their material to the Platform. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of SWYM. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain with SWYM or its third-party suppliers, as the case may be.

8.4          You acknowledge and agree that any comments, ideas and/or reports provided to the Platform (“Feedback”) shall be the property of the Platform and you hereby irrevocably transfer and assign to the Platform such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

9              Virtual Items

At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from SWYM, referred to here as “Virtual Items.” You can only purchase Virtual Items through SWYM or SWYM’s partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.

SWYM, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. SWYM may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and SWYM shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

10           Interaction with Other Members

10.1       The Platform allows the Members to interact with other Members using the in-built chat messaging feature (“Chat”). Two Members can Chat only if both Members give their consent by matching with each other.

10.2       Members must use Chat at their own discretion and risk. Although we try our best to maintain a user-friendly and safe Platform, you hereby acknowledge and agree that SWYM cannot and does not review the background of its Members. Members are advised to run their own background checks before meeting with another member.

10.3       SWYM and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from interaction among its Members.

We may provide you with emails, text messages, push notifications, alerts and other messages related to the Platform and/or the SWYM services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at [email protected].

The Platform may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Platform will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

11           Third Party App Store

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

1.   These Terms are concluded solely between you and the Novel Ground Ventures and not with the providers of the Third Party Store, and the Novel Ground Ventures (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

2.   The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Novel Ground Ventures is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Novel Ground Ventures.

3.   Novel Ground Ventures, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

4.   The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

12           Limitation of Liability

 

12.1       To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Platform and the Services, including any downloads from the Platform. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

13           No Warranties

13.1       To the maximum extent permitted by law, we provide the material on the Platform and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

13.2       From time to time down-time, either scheduled or unscheduled, may occur. the Platform will work within reason to ensure this amount of downtime is limited. The Platform will not be held liable for the consequences of any downtime.

13.3       The Platform cannot guarantee that Platform Content or Content available via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release the Platform entirely of all responsibility for any consequences of its use.

14           Indemnity

You agree to indemnify and hold the Platform harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

15           Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

16           Choice of Law

Laws of the state of New York will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the courts in New York City, and each party will be subject to the jurisdiction of those courts.

17           Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

18           Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

19           Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

20           Interpretation

The headers are provided only to make this agreement easier to read and understand.

21           Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Platform. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

22           Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Platform. Any notice to us will be effective when delivered to us at: [email protected], or any addresses as we may later post on the Platform.

23           Entire Agreement

These Terms, our Privacy Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.