1. Your Acceptance of This Agreement

    This Terms of Service Agreement (“Terms of Service”) is entered into between ARKactive, Inc., a Delaware corporation (the “Company”, “we”, “us”, “our”), the owner and operator of www.goflow.me (the “Goflow Site”), the Goflow software and the Goflow mobile application (the “Goflow App”) (collectively, including all content and services available through the Goflow Site and the Goflow App, the “Goflow Service” or the “Service”), and you (“you” or “You”), a user of the Service. We urge you to read through these Terms of Service carefully as they constitute a legally binding agreement between you and us. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND THE COMPANY’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with these Terms of Service, you may not use the Service. The Company reserves the right to modify these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

  2. Registration and Access

    In order to access the Services, you must first subscribe by providing complete information requested and setting up an account (the “Account”) using your email address and a password. The Account is personal and is not transferable. Each Local Expert (as defined below) is solely responsible for keeping the password secret and secure and agree to provide the Company with truthful and correct information as required by the registration process or subscription and update this information promptly as needed to ensure that it remains fair and complete. You must notify us immediately of any breach of security or unauthorized use of your Account. The Company reserves the right to refuse the registration of a Local Expert for any reason the Company deems reasonable.

  3. Goflow Service

    The Service is designed to provide Goflow activities instructors (“Local Experts”), a platform for exposure and management tool to help better manage their day-to-day activities with customers and students (“Participants”). We may connect Participants to Local Experts for the purpose of purchasing or consuming goods and services. Local Experts may use the Service to promote and provide their goods and services to Participants and to manage their operations with Participants. Participants may use the Service to search for, select, contact and book activities with Local Experts.

  4. Modification to Services

    The Company reserves the right to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  5. Conditions of Use

    1. The Company is merely an intermediator and is not a party to any agreement between Local Experts, Participants and any of their related third parties. All dealings are solely between the respective parties and the Company will have no liability for any interactions between Local Experts and Participants. The Company is not responsible for any contracts or proposals that you upload to the Service other than making such contracts available for review and signature (including e-signature) as authorized by you. Where certain Local Experts require Participants enter into a separate contract governing Local Experts -Participants relationship in connection with the activity booked through the Service, You acknowledge and agree that the Company is not a party to (though Company may be an intended third-party beneficiary of) any such agreements, and the formation of such agreement will not, under any circumstance, create an employment or other service relationship between the Company and neither of the Local Experts, Participants nor any of their related third parties, and the Company will have no liability under any such agreement. Participant's interactions with any Local Experts are at Participant’s sole risk. The Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Local Experts or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

    2. The Company may provide services relating to accepting payments from Participants, and in such case, the Company will transmit payment received on behalf of a Participants to the Local Expert. The Company has no control over and does not guarantee the existence, quality, safety, or legality of any goods or services advertised by Local Experts ; the truth or accuracy of any advertisements; the ability of Local Experts to sell goods or services; the ability of Participants to pay for any goods or services; or, the completion of any transaction on the Services. The Company does not warrant or guarantee that any goods or services offered through the Service will meet a Participant's requirements.

    3. Subject to your compliance with these Terms of Service, the Company hereby grants you permission to use the Service, provided that: (i) except as set forth in any separate agreement between you and the Company, your use of the Service as permitted is solely for your personal, non-commercial use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you agree not to use the Service for any illegal or unauthorized purpose and in compliance with all applicable laws regarding online conduct and with respect to your content; (iii) You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and other media, links or any other content that you submit post or display on the Goflow Site or the Goflow App; (iv) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without the Company’s prior written authorization; (v) you will not attempt to reverse engineer, alter or modify any part of the Service; and (vi) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

    4. You expressly acknowledge and agree that, in order to provide certain features of the Service, the Company may periodically request to access your contact list and/or address book on your mobile device to find and keep track of contact information for other users of the Service. In connection with such requests, you may give your express consent to the Company to access such information in order to provide the Service. To the extent applicable, you are solely responsible for your User Submissions (defined below). You must notify the Company immediately of any breach of security or unauthorized use of the device you use to access the Service. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

    5. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period, and you are forbidden from copying any content from the Service unless specifically allowed. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. While the Company does not prohibit the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, the Company does prohibit any efforts to reverse-engineer the Company’s system, the Company’s protocols, or explore outside the boundaries of the normal requests made by users of the Service. The Company also prohibits the use of request modification tools such as fiddler or whisker, or the like, or any other such tools or activities that are meant to explore or harm, penetrate or test the Service. You must secure the Company’s permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted by or on behalf of Company. You agree not to collect or harvest any personally identifiable information, including phone numbers, from the Service, nor to use the communication systems provided by the Service for any commercial purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

    6. By using the Service you warrant that: (i) you are 13 years of age or older; (ii) you will comply with any applicable laws, rules and regulations and obtain any permits, licenses or certifications to the extent required by any applicable authority; and (iii) that all information you supply is true and accurate. If you use the Service to book activities, you further agree that you will only make legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is strictly prohibited, and may result in termination of your Account.

    7. The Company will not interfere with reservations arbitrarily, but reserves the right to cancel or not process a reservation because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. The Company also reserves the right to take steps to verify your identity to process your reservation.

    8. In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to the date of your lesson, your sole remedy will be to contact the Local Expert to make alternative arrangements or to cancel your reservation.

    9. The Company is not an instructional institution and does not provide instructional lessons for any Goflow activities. Although the Company displays information about activities provided by third-party suppliers and facilitates reservations with certain suppliers on the Service, such actions do not in any way imply, suggest, or constitute the Company’s sponsorship or approval of third-party suppliers, or any affiliation between the Company and third-party suppliers. Although the Company’s members may rate and review particular suppliers based on their own experiences, the Company does not endorse or recommend the products or services of any third-party suppliers. Notwithstanding the foregoing, the Company may share stories or recommendations about Local Experts. You agree that the Company is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on the Service.

  6. Intellectual Property Rights

    The design of the Goflow Service, along with the Company created text, scripts, graphics, interactive features and the like, except User Submissions, and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only, except as may be set forth in any separate agreement between you and the Company. The Company reserves all rights in and to the Service not expressly granted. You agree not to engage in the use, copying, or distribution of any aspect of the Service other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes.

  7. User Submissions

    1. The Goflow Service allows users to submit text, photos, weather and water reports, status check-ins, event planning information and other communications (collectively, the “User Submissions”) and to access User Submissions from others. The Company may use your User Submissions in a number of different ways in connection with the Service and the Company’s business as the Company may determine in its sole discretion, including, but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect thereto.

    2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Because the Company is only acting as a repository of data, User Submissions do not necessarily represent the views or opinions of the Company, Company does not endorse any such User Submissions, and the Company makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Submissions, but you have to have the rights in the first place. However, by submitting the User Submissions to the Service, you hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit the User Submissions in connection with the Service and the Company’s (and its successor’s) business, including, without limitation, for promoting Company and promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, Third Party Media). You also hereby do and shall grant each user of the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Service and Third Party Media. For clarity, the foregoing license grant to the Company does not affect your ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with the Company. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

    3. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such information originated, that the Company will not be liable for any errors or omissions in any such information and that the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

    4. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

    5. The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and the Company will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act) : (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) 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 the service provider to locate the material, including the mobile phone number of the Service user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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 (vi) 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. Such takedown notices may be emailed to [email protected]. The Company reserves the right to remove content and User Submissions without prior notice. The Company may also terminate a user’s access to the Service, if such user is determined to be a repeat infringer, or for any or no reason. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a User Submission removed from the Service more than once. The Company also reserves the right to decide whether content of a User Submission is appropriate and/or complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, excessive length or limited interest. The Company may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

    6. You understand that when using the Service you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, appropriateness, or intellectual property rights of or relating to such User Submissions, and that such User Submissions are not the responsibility of the Company. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, affiliates, and/or licensors to the fullest extent allowed by law regarding all matters related to your use of the Service.

    7. The Company permits you to link to materials on the Service for personal purposes only, except as set forth in any separate agreement between you and the Company. The Company reserves the right to discontinue any aspect of the Service at any time.

  8. Third Party Websites

    Information provided by the Company’s users through the Goflow Service may contain links to third-party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, apps, products, services or other offerings. In addition, the Company will not and cannot censor or edit the content of any third-party site, app, product, service or other offering. By using the Service, you expressly acknowledge and agree that the Company shall not be responsible, directly or indirectly, for any damages, claims or other liability arising from or related to your use of or reliance on any content, events, goods or services available on or through any third-party site, app, product, service or other offering. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party. To the extent you choose to link or provide access to Goflow Services with any third party site or service, you agree that such information will be handled and used in accordance with the Company’s Privacy Policy.

  9. Fees

    We may decide to charge fees for using our Services. To the extent the Service or any portion thereof is made available for any fee, or you are a Participant paying a Local Expert for goods or services via the Service, you will be required to provide us information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges by us you must let us know within thirty (30) days after the applicable charge date. If you dispute any charges by a Participant, you must contact the Participant directly. As a Local Expert, if you agree to refund any fees to a Participant, you are responsible and will pay the Company (and the Company may retain) any transaction costs associated with such refund. As a Local Expert, you may be required to select a payment plan which may include a membership fee to be paid upon registration to our Services and you agree to pay a pre-selected percentage of money you receive from purchases made by Participant of your goods and services through the Service when paid via credit card or wire transfer (meaning you will pay the Company a percentage of each such transaction, as set forth in further detail on the Service). We reserve the right to change our prices. If prices are changed or updated by us, we will provide notice of the change on the Website or by email, at Company’s option, at least 30 days before the change takes effect. To the extent you continue to use the service after the price change becomes effective, such use constitutes your agreement to pay the prices as amended. You shall be responsible for all taxes associated with the services other than taxes based on the Company’s net income. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD) and do not include Value Added Taxes, if applicable. The Company may choose to temporarily change its fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. You undertake to pay the fees when they are due. If we are unable to collect any fees from you, we may limit your ability to use our services and we may collect fees owed using any legal manners without prejudice to any other right or remedy we may be entitled to under these Terms of Service or by any applicable law.

    We charge Local Experts who offer Experiences or Services a 20% service fee. The amount of the Local Expert service fee is calculated from the price that the Local Expert set for their Experience or Service in the Goflow App or Goflow Website. The Experience/Activity service fee is automatically deducted from the payout to the Local Expert.

  10. Cancellation Policy

    A Participant may cancel activities booked through the Service upon a 24-hour prior written notice without any payment or penalty. In the event of a cancellation of activities not in accordance with the provisions above, the Participant will be charged the full amount with respect to the booked activity.

  11. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE GOFLOW SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING ANY INTERACTIONS WITH THIRD PARTIES AND/OR YOUR PARTICIPATION IN ANY ACTIVITIES BOOKED THROUGH THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY PRODUCT, SERVICE OR OFFERING THAT IS LINKED-TO OR FEATURED IN ANY USER SUBMISSION OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  12. Limitation of Liability

    IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING ANY INTERACTIONS WITH THIRD PARTIES AND/OR YOUR PARTICIPATION IN ANY ACTIVITIES BOOKED THROUGH THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COMPANY’S SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTWITHSTANDING THE FOREGOING, COMPANY’S LIABILITY TO YOU FOR DIRECT DAMAGES INCURRED HEREUNDER SHALL NOT EXCEED $25.00.

    THE THIRD-PARTY SUPPLIERS PROVIDING ACTIVITIES THAT ARE AVAILABLE THROUGH THE SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY. THE COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE COMPANY HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL.YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  13. Indemnity

    You agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. The terms of this Section 9 will survive these Terms of Service and your use of the Service.

  14. Ability to Accept Terms of Service

    By using the Services You are representing that You are of legal age (13 years and over) and of legal competence to enter into a binding agreement with the Company and are not otherwise prohibited from using or receiving the Services pursuant to any applicable laws of the local or national jurisdiction from which You are accessing or using the Services. If You are not able to make the representations in the preceding sentence, You are prohibited from accepting these Terms of Service and using the Services; provided, however, that any unauthorized use of the Services by You shall be subject to these Terms of Service until Your unauthorized use terminates. The Company does not knowingly collect through the Services any personal information from children under the age of 13. By using the Services on behalf of any third party You are representing to us that You are an authorized representative of that third party and that Your use of the Services constitutes their acceptance of these Terms of Service. You further represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

    The Company is the developer of the Service, with an address at 373 Rose Ave, Venice, California 90291.

  15. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

  16. General

    You agree: (i) that the Service shall be deemed solely based in California; (ii) that the Service shall be deemed a passive server that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California; and (iii) to be subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Policy and any other legal notices published by the Company shall constitute the entire agreement between you and the Company concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: June 14th, 2017