Welcome to FAMIGO (the “Platform”), which is provided by BRAVO, Inc (“The Company”). (Collectively and interchangeably such entities will be referred to as “FAMIGO,” “BRAVO,” “The Company,” “We” or “Us”).
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal and binding agreement between you, FAMIGO (“The App”), and Bravo, Inc., a Delaware Corporation (together with its successors and assigns, the “Company”). In order to use the Service (defined below) and the associated Application (FAMIGO – web and native application) you must agree to these terms and conditions. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and downloading, installing or using any associated application supplied by the Company, the purpose of which is to enable you to use the Service (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at http://famigo.com/terms-of-service or through the Service web page.
Please, read this notice carefully to understand what we do.
The Company reserves the right to modify this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
Your access to and use of the Services or any content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
The Company provides the technology for a consumer to provide gratuity payments to service providers, independent of the normal custom of handing a service provider cash or adding a gratuity or payment to a bill. The Application is designed to also be used from a remote location and at a distinct time from where and when a service was provided. PLEASE NOTE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED BY THE SERVICE PROVIDERS, GRATUITIES, RATINGS OR MESSAGES PROVIDED TO YOU BY OTHER USERS OF OUR SERVICES.
By using the Application or Service, you expressly represent and warrant that you have the right, authority and capacity to enter into this Agreement, and agree to abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years old. Your use of the Service and/or Application is solely for your personal use. You may not authorize others to use your user credentials, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws.
You may only access the Service using authorized means. It is your responsibility to ensure you download the correct version of the Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
BRAVO is a platform to express the user’s crafts, skills, and creations. It is a free to use mobile commerce all in one marketplace to engage fans/followers and were the fans/followers can find and engage with their favorite person. The users understand that it is the full responsibility of the seller to create the fan store, engage their fans (followers, customers, etc.), execute shoutouts, experiences, answer messages, post fan club content and fulfill followers’ expectations. This is not BRAVO’s responsibility. BRAVO only provides the Service and technology to engage users and handles the marketplace and payments, payment compliance, issues, fraud, chargebacks, and resolution of payments disputes.
When you (“The User”), registers to use our Services by establishing an account, we will collect “Personal Data” as necessary to offer and fulfill the Services requested. The user also agrees to provide the necessary personal data to be able to use FAMIGO and/or to identify payor(s) and payee(s) as needed / requested by the company in compliance with our rules and regulations and the law. “Personal Data” can include name, postal address (including billing, residential, work and/or shipping addresses), telephone number, email address, payment card number, pictures of bills, ID and cards, other financial account information, account number, date of birth, utility bills, bank statement, card statement and government-issued credentials (e.g., driver’s license number, national ID, passport, Social Security number and Taxpayer ID). The user understands potential risks of sharing and agrees to share. Sharing is not obligatory and only voluntary. In case of further information needed to approve an account or transaction, the user understands that information might be needed and that otherwise, account or transactions will be cancelled. By not sharing. The user authorized The Company to cancel a transaction(s) and the account. Personal Data does not include information that does not identify a specific User.
In connection with your use of the FAMIGO, you must comply with the FAMIGO’s acceptable use policy. You agree that you will not:
The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Application and software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by these Terms.
Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to (i) download and install the Application on mobile device(s) or computer(s) that you own or control and to run such copy of the Application and (ii) access the Service, in each case, solely for your own personal use.
In connection with the foregoing grants, you agree that you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” the Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application for any unauthorized purpose, including in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Service or Application.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to the Service, the Application or any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html#SERVICE. Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
If you select this feature and have in-app messaging or SMS service from one of the supported Carriers (currently, Claro, T-Mobile, Verizon Wireless, AT&T, Sprint, Nextel, Boost, U.S. Cellular, MetroPCS and Cricket), you will be able to use in-app messaging or SMS for any of the supported Company SMS features. Message and data rates may apply. User can opt out Push Notifications but agrees to follow up with customers and fan club members that engaged on their platform, fan club membership and/or bought store items.
“Content” means all text, graphics, images, music, software (excluding the Application), audio, video, information layout, design, images, programs or other materials. “Company Content” means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content. “User” means a person who accesses or uses the Service or Application, including you. “Seller” means: creator, musician, artist, gamers, influencer, entertainers, athlete, service professional, and any user in the gig economy that sells service, classes, lesson, etc. “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application. “Collective Content” means, collectively, Company Content and User Content.
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the FAMIGO, or FAMIGO app, BRAVO pay, BRAVO, Inc or any of the trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of BRAVO, Inc. Any feedback, comments, or suggestions you may provide regarding FAMIGO, or the Services, is entirely voluntary and we will be free for BRAVO, Inc and/or FAMIGO to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content; provided, that, by making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content through any lawful means
You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Company respects all applicable copyright law and expects its Users to do the same. It is Company’s policy to terminate access and use of the Service and the Application in appropriate circumstances in which Users repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. All Company Content is the property of Company and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.
The FAMIGO commerce/marketplace platform if free to use. Accounts are free and creators (“Seller”) do not pay a subscription to join FAMIGO regardless of their fan base, neither they are paid by followers to join their fan base. Fans do not pay to join or use FAMIGO. Fees are NOT established by FAMIGO nor are they paid by FAMIGO. They are paid by supporters or customers and they are a transaction between the users (supporters and Sellers).
Any fees paid for content, services, gratuity, payments, P2P, and subscriptions are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, or our decision to terminate your usage, of the Service or the Application; any disruption to our Application or Service, either planned, accidental or intentional; or any other reason whatsoever. Users acknowledge the transaction is between the users, fans, and creators and not by FAMIGO and/or BRAVO, Inc (the Company). “The Company” reserves the right and may change the fees for our Service or Application, as we deem necessary for our business. In the event of a change, any change will be informed in advance to our users. It is your obligation to check back at our website periodically to confirm the applicable fees for the Service or Application.
Payment processing services for “the Company” are provided by Braintree Payments and Stripe and are subject to the respective services agreement;Stripe Connected Account Agreement , includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a creator or seller on FAMIGO, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of “the Company” enabling payment processing services through Stripe, you agree to provide “the Company” accurate and complete information about you and your business, and you authorize “the Company” to share it and transaction information related to your use of the payment processing services provided by Stripe. “The Company” uses Stripe to make payouts to our sellers, creators, merchants, receivers, or funds. The Stripe Recipient Agreement applies to your receipt of such payouts. You agree that to receive payouts from FAMIGO, you must provide FAMIGO accurate and complete information about you and your business, and you authorize FAMIGO to share it and transaction information related to your payout with Stripe. If you fail to provide this information, FAMIGO will not be able to disburse your funds.
The fees payable for the Service are calculated as described below. All Transactions (defined below) are to be paid in U.S. dollars or the currency from where the transaction originated. All fees for one-time gratuity payments are payable by the person that pays as a default setting and shall be collected by the Company by adding the amount of the fee to each occurrence of the payment by the person that pays the one-time payment (or gratuity) to the person that receives the payments or sub-merchant (each, a “Transaction”).
As of September 2022, for tips, P2P, single payments, and store or chat items (merchandise, subscriptions, digital content, meet and greets, pre- or post-concert experiences, tickets, Chat items, VIP experiences, or recurring monthly support via fan club), and anything sold through the platform, FAMIGO will charge a flat 10% platform fee plus the processor’s transaction fees. We do not have control over the processor’s fees, card fees, currency exchange rates, or charges imposed by the payment card provider or bank. The “Company” is not responsible for paying charges or fees associated to the fan – creator transaction imposed by the payment card processor(s) or bank(s). All users prior to September 2022 with an active store and merchant account, were grandfathered at the previous platform rate. All payments are displayed and processed in USD, but paid out on the creator’s local currency. Lifetime earnings are reflected in USD. Subscription payments are reflected on the wallet as collected; processing fees are subtracted when paid out. Referral program payouts have a minimal processing fee by the payment’s processor that is deducted at payout monthly.
The Users acknowledge and agree that the Company uses Braintree and Stripe (the “Processor”), for payment processing in connection with all Transactions, and User hereby authorizes the Company to access the Processor’s payment gateway so that Transactions submitted through the Application may be completed. In connection with the foregoing, as a “sub-merchant” of the Processor, each person that receives the payments / sub-merchant, by using the Service and the Application, is deemed to have accepted the applicable terms of the Merchant Services Agreement with Processor and its sponsoring bank (the “MSA”) available at https://stripe.com/spc/legal?. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Company is not a party to the MSA and that you, Processor and Processor’s sponsoring bank are the three parties to the MSA and that Company has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact the Processor at: email@example.com.
Further, User acknowledges and agrees that, in connection with the use of the Processor services:
You do not need to maintain a balance in your account in order to make or receive gratuity payments. FAMIGO will pass the funds once a week in USA and once a month for international payments, as payments are cleared by the card processor and/or bank, and as long as there is not a pending payment dispute or concerns form fraud. In those cases, payments might be held until clarification of the dispute. Payments are taken directly from the payer’s credit or debit card and sent to the payee’s bank account. The seller (creator, musician, artist, gamers, influencer, entertainers, athlete, service professional) will set up the account to allow funds transfer either during the sign-up process or at some point later. Otherwise, the user understands and agrees that funds will not be transferred unless they add a funds destination bank account. The user understands and agrees that this is their sole responsibility. This can be changed any time in the app under “update personal information”. Once payment is made, FAMIGO will automatically transfer the funds in the user’s bank account. FAMIGO is not responsible for failed or delayed deposits caused by user error such as missing bank information, wrong bank information, address or insufficient credit or funds. FAMIGO provides timely access to funds based on industry standards. There might be occasional delays in accessing funds in the case of suspicious activity and if more information needed to prove transaction legitimacy. FAMIGO may also block or hold payments for violations of our policies or for compliance reasons or violation of credit card association regulations. User also acknowledges and agrees that often times, they will need to provider verification of user by form of government issued identification or utility bills. Refusing to provide this data might cause termination of transaction, payments and/or account. For questions about issues with payments, user must email customer service department at firstname.lastname@example.org with subject line: Payment Issue.
Distribution of a “gratuity pool”, as an agreement between participants in the pool for the agreed shift and/or period of time, is the sole responsibility of the parties involved on the pool and not the Company. The Company takes no responsibility for any liabilities related to the failure of the pool members/participants to comply with all applicable laws with respect to gratuity or payment pools.
The FAMIGO referral program is currently in beta and participation is by invitation only.
You may not use FAMIGO in connection with any product, service, transaction or activity that:
You may not use FAMIGO in connection with any product, service, transaction, or activity that involves:
If, in our sole discretion, we believe that you may have engaged in any violation of this user policy, we may (with or without notice to you) take such actions, as we deem appropriate to mitigate risk to FAMIGO and any impacted third parties and to ensure compliance with this agreement. Such actions may include, without limitation:
As between the User and the Company, the Company (and/or its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any User or any other party relating to the Application or the Service. The rights granted under this Agreement are not a sale and Company does not convey to User any rights of ownership in, or related to, the Application or the Service, or any intellectual property rights owned by the Company. The Company name and logo, and the product names associated with the Application and Service, are trademarks of the Company or third parties, and no right or license is granted to use them.
You are responsible for your use of FAMIGO and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
You retain your rights to any content you submit, post, or display on or through FAMIGO. What is yours is yours — you own your content (and your incorporated audio, photos and videos are considered part of the content).
By submitting, posting, or displaying content on or through FAMIGO, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your content available to the rest of the world and to let others do the same. You agree that this license includes the right for FAMIGO to provide, promote, and improve the services and to make content submitted to or through the FAMIGO app or web page or by email to FAMIGO available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion, re-post, or publication of such content on other media and services, subject to our terms and conditions for such content use. Such additional uses by FAMIGO, or other companies, organizations, or individuals, is made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the services as the use of the services by you is hereby agreed as being sufficient compensation for the content and grant of rights herein.
As for selling content, this is sold directly by creators and not FAMIGO. All responsibilities to deliver that content relies on the creator / seller and not FAMIGO. The quality of the content (image, pixels, type of content) relies on the creator / seller and is 100% provided by the seller and not FAMIGO. This is not FAMIGO’s responsibility. Selling content provides access to enjoy and consume the content but does not transfer ownership. The content is owned by the creators / seller unless otherwise specified. Hence, by paying a subscription or access to single content, you agree and understand this is not a purchase of content but rather the right access and consume it which at times, it might have a limited life of consumption as it might be removed by the seller for reason beyond FAMIGO’s control.
FAMIGO has an evolving set of rules for how ecosystem partners can interact with your content on the services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your content or even delete it in order to adapt the content to different media
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post, or display on or through FAMIGO. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant FAMIGO the license described above.
Any use or reliance on any content or materials posted via FAMIGO or obtained by you through the FAMIGO is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the FAMIGO services or endorse any opinions expressed via our platform. You understand that by using FAMIGO, you may be exposed to content that might be offensive, explicit, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via FAMIGO and, we cannot take responsibility for such content or content taken from FAMIGO and posted on other platforms (social media, internet, etc.); Section 230 CDA (https://www.eff.org/issues/cda230).
FAMIGO responds to copyright complaints submitted under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice. FAMIGO will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our platform, or messages containing links to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements, please consult with your legal advisor prior to contacting us. If you are concerned about a parody, newsfeed, commentary, fan account or the use of your brand or entity’s name, please contact support. Once reported by the affected party, any material that constitutes a copyright infringement will be removed until prove of ownership. FAMIGO does not post on behalf of users, and it is not responsible for the content published by its users. All users agree and accept full responsibility and attest to right and ownership of the content they publish. If you are unsure whether you hold rights to a particular work, please consult an attorney or another adviser as FAMIGO cannot provide legal advice. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user. You can reply to the user’s message or send the user a Direct Message (if active) and ask for them to remove your copyrighted content without having to contact FAMIGO. Prior to submitting a formal complaint with FAMIGO, please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
We reserve the right to remove content that violates the user agreement, including for example, but not limited to, hate, copyright or trademark violations, or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. If you know and/or believe that your content has been copied in a way that constitutes copyright infringement, please consult with your legal advisor, and follow steps discussed above and report immediately to: email@example.com subject line: Urgent - Copyright Complaint.
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party providers. The Company provides the Application and Service to you solely pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of, or access to, such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
As a creator, you offer a guaranteed content and experiences within a reasonable time frame from the request. If a response is not given within the time specified of seven days (time subject to change), the payment will be reimbursed to the payor. As a customer, once a service, experience or subscription service is provided, funds cannot be returned. The subscription service will be charged monthly and in the event of cancellation, this will apply to next payment cycle. You will be entitled to access the subscription for the rest of the current cycle. If you believe there has been an error in the charged amount, please contact the Seller directly through our support department: firstname.lastname@example.org.
Report abuse. You may report any suspected violations of these terms including copyright infringement, abusive language, or inappropriate discussion. To report such violations to Company, you will need to submit a notice to Company at the following email address: email@example.com.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
USE OF THE SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITH RESPECT TO PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE FOREGOING LIMITATIONS FORM AN ESSENTIAL BASIS FOR THIS AGREEMENT AND SHALL SURVIVE REGARDLESS OF THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF COMPANY AND ITS LICENSORS, AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS UNDER, OR IN CONNECTION WITH, THIS AGREEMENT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, NEGLIGENCE AND/OR OTHER TORT, SHALL IN NO EVENT EXCEED THE LESSER OF THE FEES PAYABLE UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CAUSE OF ACTION AND ONE HUNDRED DOLLARS ($100).
THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE QUALITY OF THE SERVICES PROVIDED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO ACTIVITIES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time either by (confirmed e-mail to the Company at the following email address: firstname.lastname@example.org.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of all or substantially all of the assets of the business to which this Agreement relates, or (iii) a successor by merger or other change of control transaction. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to FAMIGO Support) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No joint venture, partnership, employment, or agency relationship exists between you, the Company, or any third-party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement and all other applicable terms referred to herein comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Privacy Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to violation of card association regulations, payments violations, illegal activity, incite or conduct or create hate speech or accusations, false statements, incite violence or hate, create fake news, fraud, non-delivery of store items; (v) your account should be removed due to prolonged inactivity; or (vi) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address and/or telephone associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. If you believe your account was terminated in error you can file an appeal by contacting email@example.com subject line: Account Appeal. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.