Terms of Service
EFFECTIVE: APRIL 1, 2022
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EFFECTIVE: APRIL 1, 2022
Welcome!
We've drafted these Terms of Service (referred to as the "Terms") so you'll know the rules that govern our relationship with you. These Terms form a legally binding contract between you and Creative Banter Inc. (the creators of the Amorus app), and apply to the use of any website, web or mobile application, API, or service (collectively, our "Services") offered by Creative Banter Inc. or any of its corporate subsidiaries, parents, or affiliates (referred to as "we", "us", and "our" here). Please read them carefully.
By using the Amorus application on any mobile device, any Amorus games, and any Amorus websites, or any other services we offer, you agree to be bound by these Terms. If you don't agree with or refuse to be bound by these Terms, you may not use our services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND CREATIVE BANTER INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CREATIVE BANTER INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
Only legal adults over the age of 18 are allowed to create an account or use the
Services. By using the Services, you state that:
- You are a legal adult and over 18 years of age.
- You can form a binding contract with Creative Banter Inc.
- You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.
- You are not a convicted sex offender.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you do not meet all these requirements, you may not use or access the Services.
2. Rights We Grant You
We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services for non-commercial use only. This license is for the sole purpose of letting you use and enjoy the Services' benefits in compliance with these Terms and our usage policies, such as our Privacy Policy and Amorus Agreements. This license will terminate upon your cessation of the use of the Services or at the termination of the Terms.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.
3. Rights You Grant Us
Our Services let you upload, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content to share with other users as stated in these Terms.
You grant us (and our affiliates) a worldwide, royalty-free, sub-licensable, and transferable license to host, store, aggregate, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. For instance, modifying a photo to create a Jigsaw to distribute to a designated user. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
We may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
We love to hear from our users. But if you provide feedback or suggestions, we can use them without compensating you, and without any restriction or obligation to you.
4. User Content
The Services may contain interactive features that allow you and other users to post, submit, publish, display, or transmit text, images, videos, or other content or materials (collectively, "user content") to us or to other users, such as your Flames (collectively, "posting" such user content). By using these features or posting your user content, you:
- Grant us a license to use your user content in connection with the operation of our services, including by copying, distributing, transmitting, editing, modifying, incorporating into other works, or reformatting your user content. For instance, modifying a photo to create a jigsaw image to distribute to a designated Flame.
- Warrant and represent that you own the rights to applicable user content, or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute your user content. You further represent and warrant that no user content you post contains or will contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us.
- Acknowledge you are solely responsible for your user content. Please consider carefully what you choose to share. All user content must comply with the content standards set forth in these Terms and the Amorus Agreements.
- Acknowledge and agree that you will not be compensated for posting any user content.
- Agree that any user content you post on or through the Services will be considered non-confidential and non-proprietary.
- You assume all risks associated with the use of your user content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your user content that personally identifies you or any third party. You agree that we shall not be responsible or liable to any third party for any user content posted by you or any other user of the Services
- You further agree that we shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.
Additional restrictions apply when you receive user content generated by another user of our Services, for example from your Flame. When you receive someone else's user content, you agree that:
- You will not remove such user content from the platform through which you receive the user content (in most cases this platform is our mobile app).
- You will view, receive, transmit, or otherwise use such user content only with the prior consent of the person creating such user content, which consent you warrant and that you have obtained prior to your use of anyone else's user content.
Much of the user content shared on our Services is produced by users for private distribution. All user content is the sole responsibility of the person that created it. We cannot—and do not— take responsibility for any content that others provide through the Services.
Through these Terms and our Amorus Agreements, we make clear that we do not want the Services put to bad uses. But because we do not review your content, we cannot guarantee that content on the Services, or that our users' use of our Services, will always conform to our Terms or our Agreements.
5. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy.
Our Services may contain links to third-party websites, resources, and services, as well as advertisements (collectively, "Third-Party Links"). Third-Party Links are provided for your convenience only. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. We have no control over the contents, products, or services of any Third-Party Link and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Link.
6. Respecting Other People's Rights
You must respect other people's rights. You may not use the Services, or enable anyone else to use the Services, in a manner that:
- violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property right.
- violates any laws or regulations
- promotes illegal activity or harm to others.
- bullies, harasses, or intimidates (including by posting user content that is unlawful, defamatory, invasive of another's privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person, whether or not they are a user of our services).
- spams or solicits our users.
You must also respect our privacy and property rights. You may not do any of the following (or enable anyone else to do so):
- use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our Services.
- violate or infringe our copyrights, trademarks, or other intellectual property rights.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
7. Respecting Copyright & Other Intellectual Property Rights
Our Services and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, you may not: (a) modify, copy, or create derivative works of any materials from our Services; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from their applicable accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (d) except with our prior written consent, access or use for any commercial purposes any part of our Services. These rules apply with respect to our content and other users' user content made available to you through our Services.
Our company name and all related names, logos, product and service names, designs, and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans used in connection with our Services are the trademarks of their respective owners.
All contents of our Services are: Copyright © 2022 CREATIVE BANTER INC. All rights reserved
Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by us and our licensors.
We honor copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If you believe that any part of the Services infringes a copyright that you own or control, please report it to support@amorus.net.
8. Safety
We aim to keep our Services a safe place for all users. But we cannot guarantee it. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user's account, username, or password without their permission.
- You will not impersonate another person.
- You will not solicit login credentials from another user.
- You will not share content that contains or links to graphic violence, threats, hate speech, or incitements to violence.
- You will not share content containing any form of advertising or promotion for goods and services.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services, nor otherwise attempt to circumvent or compromise any security feature applicable to our services.
- You will not attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms
We also care about your safety while using our Services. Please exercise caution in sharing material and understand that we cannot prevent users from copying or sharing content outside of our Services.
9. Monitoring and Enforcement
We reserve the right at all times, but are not obligated, to:
- take any action with respect to any user or user content that we deem necessary or appropriate in our sole discretion, including if we believe that such user content violates any provision in of these Terms, or creates liability for us or any other person or entity. Such action may include, but is not limited to, removing you from our services and/or reporting you to law enforcement authorities.
- remove or reject any user content for any or no reason in our sole discretion.
- disclose any user content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect our or a third party's rights or property.
- Terminate or suspend your access to all or part of the Services.
We do not review user content before it is posted on or through the Services. Accordingly, we and our affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party through our services. We shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
10. Your Account; Access to Our Services
To access our Services, you will be asked to provide certain personal details and create an account. It is a condition of your use of our Services that all the information you provide in your account is correct, current, and complete. You agree that all information you provide to register with us or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are responsible for any activity that occurs in your Amorus account. If you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. We recommend that you select a strong password that you don't use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your Amorus account without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to support@amorus.net.
We reserve the right to withdraw or amend our Services or your account with us in our sole discretion and without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. In connection with your use of our Services, you are responsible for making all arrangements necessary for you to have access to our Services, including by ensuring the device you use to connect with our Services platforms can access the Internet and any other features we use to provide you with our Services.
11. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
12. Changes to this Agreement
We reserve the right to change these Terms from time to time in our sole discretion without notice to you. The latest version of the Terms will be posted on the Amorus app and our website and should be reviewed prior to accessing or using the Services. All changes will be effective immediately when posted by us and will apply to your use of and access to the Services from that point onward.
Your continued use of or access to the Services following any changes to this Terms shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
13. Modifying the Services and Termination
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain on Amorus, you can terminate these Terms at any time and for any reason by deleting your account.
We may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and us continue to be bound by Sections 3, 6, 9, and 11-19 of the Terms.
14. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Creative Banter Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) the use of your user content by us through our services or by any third party; and (c) your breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
15. No Warranties; Disclaimers
WE ARE MAKING OUR SERVICES AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF OUR SERVICES OR ON ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, NOR FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE WILL BE RESPONSIBLE FOR.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; (C) BREACH OF CONTRACT; (D)TORT (INCLUDING NEGLIGENCE); (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID US IF ANY, IN THE LAST 12 MONTHS.
FURTHER, YOU RELEASE US FROM ALL LIABILITY TO YOU AND YOUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF US OR ANY OF OUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THAT PARTY, OR THAT PARTY'S VIOLATION OF A STATUTE.
YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS OF SERVICE CONSTITUTING AN AGREEMENT GOVERNING YOUR USE OF OUR SERVICES, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.
17. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND US TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
1. Applicability of Arbitration Agreement. You and Creative Banter Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Creative Banter Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase "all claims and disputes" also includes claims and disputes that arose between us before the effective date of these Terms.
2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879.
3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
4. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Creative Banter Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Creative Banter Inc.
5. Waiver of Jury Trial. YOU AND Creative Banter Inc. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Creative Banter Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Creative Banter Inc. over whether to vacate or enforce an arbitration award, YOU AND Creative Banter Inc. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 16.
7. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
8. Small Claims Court. Notwithstanding the foregoing, either you or Creative Banter Inc. may bring an individual action in small claims court.
9. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Creative Banter Inc.
18. Exclusive Venue
To the extent that these Terms allow you or Creative Banter Inc. to initiate litigation in a court, both you and Creative Banter Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Creative Banter Inc. consent to the personal jurisdiction of both courts.
19. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
20. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
21. Final Terms
- These Terms make up the entire agreement between you and us, and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. We may freely assign or delegate our rights and obligations under these Terms at any time. Subject to the limits on assignment stated above, these Terms will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
- Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
No agency, partnership, or joint venture has been created between us as a result of this Agreement. You do not have any authority of any kind to bind us in any respect whatsoever.
Contact Us
We welcome comments, questions, concerns, or suggestions. Please contact us at support@amorus.net.
Creative Banter Inc. is located in Los Angeles, CA 90006 USA.