TERMS & CONDITIONS

You must read this document carefully. These terms govern the use of our “Web Sites”, and any other related Agreement or legal relationship with us in a legally binding way.

“Web Sites” refer to

• this website, including our subdomains and any other website through which the we make our services available;

• applications for mobile, tablet and other smart device systems;

• the Service (your use of the Web Sites any and all services and products you purchase or receive by use of the Web Sites);

• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the you should know at a glance

• Usage of Web Sites and the Service is age restricted: to access and use these Web Sites and our Service you must be an adult under applicable law.

• Please note that some provisions in these terms may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using the Web Sites.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using the Web Sites, you confirm to meet the following requirements:

• You must be recognized as adult by applicable law (which means you are at least 18 years of age, or older depending on the applicable law of your place of residence);

• You aren’t 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;

• You aren’t listed on any U.S. Government list of prohibited or restricted parties.

Account registration

To use the Service, you must register or create a user account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

You are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by the Web Sites.

By registering, you agree to be fully responsible for all activities that occur under your username and password.

You are required to immediately and unambiguously inform us via the contact details indicated in this document, if you think your personal information, including but not limited to your accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of user accounts on the Web Site is subjected to the conditions outlined below. By registering, You agree to meet such conditions.

• Accounts registered by bots or any other automated methods are not permitted.

• Unless otherwise specified, each user must register only one account.

• Unless explicitly permitted, a user account may not be shared with other persons.

Account termination

You can terminate your account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on the Web Sites.

• By directly contacting us at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by you has expired.

Account suspension and deletion

We reserve the right, at our sole discretion, to suspend or delete at any time and without notice, your account for activities which we deem inappropriate, offensive or in violation of these terms.

The suspension or deletion of your account shall not entitle you to any claims for compensation, damages or reimbursement.

The suspension or deletion of account due to causes attributable to you does not exempt you from paying any applicable fees or prices.

Content on Web Sites

Unless where otherwise specified or clearly recognizable, all content available on the Web Sites is owned or provided by us or our licensors.

We undertake our reasonable efforts to ensure that the content provided on the Web Sites infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to your rights, you are kindly asked to report related complaints using the contact details provided in this document.

Rights regarding content on the Web Sites - All rights reserved

We hold and reserve all intellectual property rights for any such content.

You may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, you may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Web Sites, nor allow any third party to do so through you or your device, with or without your knowledge or consent.

Where explicitly stated on the Web Sites, you may download, copy and/or share some content available through the Web Sites for your sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by us are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

We allow you to upload, share or provide your own content to the Web Sites.

By providing content to the Web Sites, you confirm that you are legally allowed to do so and that you are not infringing any statutory provisions and/or third-party rights.

Further details regarding acceptable content can be found inside the section of these terms which detail the acceptable uses.

You acknowledge and accept that by providing your own content to the Web Sites. You grant us a non-exclusive, worldwide, and royalty-free, irrevocable, perpetual (or for the maximum duration permitted by law), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote our Service in any media or manner.

To the maximum extent permitted by applicable law, you waive any legal, equitable, and moral rights in connection with content you provide to the Web Sites.

You acknowledge, accept and confirm that all content you provide through the Web Sites is provided subject to the same general conditions set forth for content on the Web Sites.

Liability for provided content

You are solely liable for any content you upload, post, share, or provide through the Web Sites. You acknowledge and accept that we do not filter or moderate such content.

However, we reserves the right to remove, delete, block or rectify such content at our sole discretion and to, without prior notice, deny the uploading access to the Web Sites:

• If any complaint based on such content is received;

• If a notice of infringement of intellectual property rights is received;

• Any violations of the terms of this document, including Conduct Restrictions and Content Restrictions;

• Upon order of a public authority; or

• where we are made aware that the content, while being accessible via the Web Sites, may represent a risk for users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle you, who have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. You agree to hold us harmless from and against any claim asserted and/or damage suffered due to content you provided to or provided through the Web Sites.

Access to provided content

Content that you provide to the Web Sites is made available according to the criteria outlined within this section.

Publicly available content

Content meant for public availability shall be automatically made public on the Web Sites upon upload or, at our sole discretion.

Any personal data, identifier or any other information that you upload in connection with such content (such as a Username, avatar or nickname etc.) shall also appear in connection with the published content.

Content for determined audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by you.

Any personal data, identifier or any other information uploaded in connection with such content (such as a Username, avatar or nickname etc.) shall also appear in connection with the content.

You may (and are encouraged to) check on the Web Sites to find details of who can access the content you provide.

Access to external resources

Through the Web Sites, you may have access to external resources provided by third parties. You acknowledge and accept that we have no control over such resources; therefore, we are not responsible for the content and availability.

It is your obligations to read and comply with conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, on the Web Sites, you may see advertisements provided by third parties. We do not control or moderate the advertisements displayed via the Web Sites. If you click on any such advertisement, you will be interacting with any third party responsible for that advertisement.

We are not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on the Web Sites infringe upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;

• 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 at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;

• A statement that the notifying 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

• A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to us at the contact details specified in this document.

Acceptable use

The Web Sites and the Service may only be used within the scope of what they are provided for, under these terms and applicable law.

You are solely responsible for making sure that your use of the Web Sites and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, we reserve the right to take any appropriate measure to protect our legitimate interests including denying your access to the Web Sites or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever you are suspected to be in violation of any laws, regulations, third-party rights and/or these terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

• Pretending to fulfill any possible condition or requirements for accessing the Web Sites and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;

• Concealing one’s identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;

• Manipulating identifiers to disguise or otherwise conceal the origin of your messages or of the content posted;

• Defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;

• Promoting activity that may endanger your life or the life of any other user or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any user allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on the Web Sites;

• Probing, scanning or testing the vulnerability of the Web Sites, including the Service or any network connected to the Web Sites, nor breaching the security or authentication measures on the Web Sites, including the services or any network connected to the Web Sites;

• Installing, embedding, uploading or otherwise incorporating any malware into or via the Web Sites;

• Using the Web Sites or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);

• Attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on the Web Sites or the Service;

• Pretending to purchase any Products offered via the Web Sites without any real intent to do so;

• Failing to pay for Products purchased.

Excessive use of the Service

Using a resource of the Web Sites excessively in relation to other users of the Web Sites – in such cases, we, at our sole discretion, additionally reserve the right to suspend your account or limit the related activity until you reduce the excessive consumption.

Content restrictions

• Disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;

• Concealing one’s identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;

• Publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;

• Disseminating or publishing any content that is false or may create unjustified alarm;

• Using the Web Sites to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;

• Using the Web Sites to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;

• Publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of the Web Sites or another user's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on the Web Sites, as part of the Service, are provided on the basis of payment.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of the Web Sites and are subject to change without notice.

While Products on the Web Sites are presented with as much accuracy as possible, representation through photos, images, colors, sounds or any other means is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• You must choose the desired Product and verify your purchase selection.

• After having reviewed the information displayed in the purchase selection, you may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

The purchasing process includes these steps:

• The submission of an order determines the contract conclusion and therefore creates your obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

• In case the purchased Product requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.

• Upon submission of the order, you will receive a receipt confirming that the order has been received.

Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that will be charged.

Prices on this Website are displayed:

The purchasing process includes these steps:

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section you are browsing.

Offers and discounts

We may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the Web Sites.

Offers and discounts are always granted at our sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of us, as indicated in our location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, we can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect our rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

The purchasing process includes these steps:

• Each Coupon is only valid when used in the manner and within the timeframe specified on the Web Sites and/or the Coupon;

• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;

• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;

• A Coupon cannot be applied cumulatively;

• The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for you to claim the relevant rights, including cash-out;

• You are not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

• The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Web Sites.

All payments are independently processed through third-party services. If payment through the available methods fails or is refused by the payment service provider, we shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

Retention of Product ownership

Until payment of the total purchase price is received by us, any Products ordered shall not become your property.

Physical Product Delivery

Deliveries are made to the address indicated by you and in the manner specified in the order summary.

Upon delivery, you must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note.

Goods are delivered to the following countries or territories: United States (lower 48 states). Delivery times are specified on the Web Sites or during the purchasing process.

Failed delivery

We cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by you, nor for any damages or delays after handover to the carrier.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to us, who will contact you to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at your expense.

Purchase via app store

The Web Sites or specific Service may only be available for purchase via a third-party app store. To access such purchases, you must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall prevail upon these Terms.

You must therefore read such terms and conditions of sale carefully and accept them when purchasing through such third-party online stores.

Subscriptions handled via Apple App Store or Google Play

Subscriptions allow you to receive the Service continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by us. In order to maintain subscriptions, You must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

You may subscribe to the Service using your Apple or Google account. When doing so, you acknowledge and accept that

The purchasing process includes these steps:

• Any payment due shall be charged to their Apple or Google account;

• Subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires;

• Any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;

• Subscriptions can be managed or canceled in your Apple or Google store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Liability and indemnification

Information related to accepted payment methods are made available during the purchasing process.

The Web Sites are provided strictly on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, we expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, we, our subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

The Web Sites are provided strictly on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, we expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, we, our subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. We cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall we, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein;

• any errors, mistakes, or inaccuracies of content;

• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;

• any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;

• any interruption or cessation of transmission to or from the Service;

• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

• the defamatory, offensive, or illegal conduct by you or third party. In no event shall we, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by you to us hereunder in the preceding 12 months, or the period of duration of this agreement between us and you, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to you. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• Your use of and access to the Service, including any data or content transmitted or received by you;

• Your violation of these terms, including, but not limited to, Your breach of any of the representations and warranties set forth in these terms;

• Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

• Your violation of any statutory law, rule, or regulation;

• any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

• Your willful misconduct; or

• statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

Our failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, we reserve the right to interrupt the Service for maintenance, system updates or any other changes, without prior notice.

Within the limits of law, we may also decide to suspend or terminate the Service altogether.

Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” (eg. labor actions, wars, pandemic, infrastructural breakdowns or blackouts etc).

Service reselling

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Sites and of the Service without our express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, you may refer to the privacy policy of the Web Sites.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Web Sites are the exclusive property of ours or our licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Web Sites are, and remain, the exclusive property of ours or our licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

We reserve the right to amend or otherwise modify these Terms at any time. Such changes will only affect the relationship with you for the future.

The continued use of the Service will signify your acceptance of the revised Terms. If you do not wish to be bound by the changes, you must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

Assignment of contract

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms. Provisions regarding changes of these Terms will apply accordingly.

You may not assign or transfer their rights or obligations under these Terms in any way, without the written permission from us.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between us and you with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Surviving provisions

This Agreement shall continue in effect until it is terminated by either the Web Sites or you. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• your grant of licenses under these Terms shall survive indefinitely;

• your indemnification obligations shall survive for a period of five years from the date of termination;

• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

GOVERNING LAW.

Regardless of where you reside, by using our Web Sites and services you agree that the statutes and laws of the State of California, without regard to the any conflicts of laws principles, will apply to all matters relating to the use of our Web Sites and the purchase of our products and services (including, without limitations, any damages arising from the use of products and services so purchased or terms of use and privacy policy) available through our Web Sites. You agree to commence or prosecute any action against us (whether subject to the arbitration provision herein or not) in the State of California, for the County of Los Angeles, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction.

ARBITRATION.

You acknowledge and agree that for any and all dispute arising from the use of our Web Sites and services (including, without limitations, damages resulting from the use of our products and services, terms of use and privacy policy) you shall submit any such disputes to binding and final arbitration in the State of California, for the County of Los Angeles, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance of these terms of use and privacy policy, under the Rules of Arbitration of the American Arbitration Association applying California law.

NO CLASS ACTIONS.

You acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these terms of use.

Contact Us

If you would like to exercise your privacy rights, you may contact us by emailing us at service@lifesmart.dev