Terms of Use
AVATUS is an avatar-based social networking platform designed to facilitate creative expression, connection, and engagement among users. It offers a space for individuals to customize their digital avatars, interact with others, and share content in a virtual environment. Through AVATUS, users can explore diverse cultures, communicate with friends, and participate in a dynamic online community. The platform aims to redefine the concept of social interaction in the digital realm by providing a unique avenue for self-expression and virtual connections.
Introduction
Avatus LLC ("Avatus") provides a platform (the "Platform") and various other features and services, including our website and applications, designed to allow users to explore, create, grow, and connect with others while maintaining privacy and anonymity. Collectively, these features and services will be referred to as the "Services."
To ensure an optimal experience for all users of the Services ("Users"), Avatus has established a set of terms and conditions (collectively, the "Avatus Terms") governing the use of the Services by Users.
Please note that certain Avatus Terms may apply exclusively to specific Services, so it's important to read and understand all of them. These Avatus Terms constitute a legally binding agreement between Users and Avatus.
Other Guidelines
Privacy Policy: Please review our Privacy Policy which outlines the terms applicable to the collection, use, and disclosure of User data by Avatus.
Avatus Community Guidelines: We encourage you to review our Community Guidelines which outline the expected behavior of our users and clarify what is and is not allowed on Avatus.
Avatus Accessibility Statement: Avatus is committed to making the Services accessible and user-friendly for individuals with disabilities. For more information, please visit our Accessibility Statement.
Avatus User Terms
These User Terms (the "User Terms") establish the rules and guidelines governing the use of the Platform and other Services by Users and apply to all Users of the Services. Among other things, these User Terms govern User Generated Content or "UGC." UGC refers to any content, material, assets, or other items that Users upload, create, publish, or otherwise make available on the Services.
The User Terms encompass many of the terms applicable to Users but also include cross-references to other Avatus Terms that may be relevant to Users (e.g., the Avatus Community Guidelines). Please ensure that you read and understand those other Avatus Terms as well, as Users are responsible for complying with them.
This is a Legal Agreement
a. Acceptance of User Terms: By using the Services, Users agree to these User Terms. Minor Users (under the age of 18) require the consent of a parent or legal guardian (a "Guardian") to use the Services and to agree to these User Terms and other applicable Avatus Terms. By permitting a Minor User to use the Services, the Guardian agrees to these User Terms and any other applicable Avatus Terms and accepts responsibility for the Minor User's activities on the Services. If a User (or a Minor User's Guardian, as applicable) does not agree to these User Terms or any other Avatus Terms, the User is not permitted to use the Services.
b. Changes to Terms: Avatus will provide Users with reasonable advance notice of any material updates or modifications to these User Terms and other Avatus Terms by email or via posting on the Avatus website (www.avatus.com). If a User does not agree to any modifications or updates to these User Terms or other Avatus Terms, the User should cease using the Services. Continued use of the Services after Avatus has posted updates to these User Terms or other Avatus Terms indicates agreement to the updated User Terms and other Avatus Terms. Any disputes covered by these User Terms or other Avatus Terms will be handled in accordance with the "Arbitration" section of these User Terms.
c. Updates to the Services: Avatus reserves the right to change or suspend the Services (or any portion thereof) at any time upon notice, which may be via email to Users or through a notice posted on the Avatus website (effective immediately after the email is sent or the notice is posted). Avatus may change the Services without liability to Users for any reason, including compliance with laws, protection of Users, or to safeguard Avatus's reputation. These User Terms and other applicable Avatus Terms will govern any updates to the Services that Avatus makes or provides to Users, unless the update includes a separate license, in which case the terms of that license will govern.
d. Termination of User Terms: Upon termination of these User Terms or any other Avatus Terms, the rights and duties of Avatus and Users towards each other will terminate, except for provisions intended to survive expiration or termination, which will remain in effect.
Electronic Communications
By visiting the Platform or sending emails to Avatus, you engage in electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the website and app, satisfy any legal requirement that such communications be in writing.
Your Account
As a User, you are responsible for maintaining the confidentiality of your account and password, as well as restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. If you believe your account security has been compromised, notify Avatus immediately by contacting Avatus support through the "Contact Us " section of the platform. You acknowledge that Avatus is not responsible for third-party access to your account resulting from theft or misappropriation of your account. Avatus and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at their sole discretion.
Children Under Thirteen
Avatus does not knowingly collect personal information, either online or offline, from individuals under the age of thirteen. If you are under 18, you may use the Platform and its Services only with the permission of a Guardian.
Avatcoins
Avatcoins are virtual tokens used on the Avatus Platform for all transactions within the Platform. There are two types of Avatcoins: Gold Avatcoins and Silver Avatcoins.
Gold Avatcoins are issued and sold by Tilia Inc., a payment service provider (Tilia Inc. and its affiliates, "Tilia"). Gold Avatcoins serve as the primary token that can be purchased with and redeemed into US dollars. By purchasing and using Gold Avatcoins, you become a direct customer of Tilia and are subject to the terms of service for all token issuances and payment services provided by Tilia, as set forth in the Tilia Terms of Service Tilia ToS.
Silver Avatcoins, on the other hand, are reward tokens that you can earn through interaction with the Platform. Silver Avatcoins are not issued or sold by Tilia and are not redeemable. However, they can be used to avail discounts on selected Services within the Platform.
The Avatus Economy
a. Acquiring Items Through the Services. Users can spend Avatcoins within the Services to acquire digital products, services, and other offerings from Avatus or third-party developers. Spending Avatcoins through the Services is solely for a User's personal experience and does not create any legally enforceable contract between the User and Avatus. Users do not acquire any enforceable legal rights as a result of such transactions.
b. Acquiring Items from Avatus. When a User spends Avatcoins to acquire something from Avatus, the Avatcoins are transferred directly to Avatus. All such transfers made to Avatus are final and, unless otherwise permitted by Avatus through its policies or practices, non-reversible.
c. Avatus Membership Plans. Avatus offers Monthly, Quarterly, and Annual Subscriptions that provide users with additional benefits.
d. Promises and Responsibilities Associated with Making Payments. When purchasing Avatcoins or Avatus Membership Plans, the User (or User's Guardian, as applicable) promises they have the right to use their selected payment method and that their payment method has enough credit available to complete the payment. If a User believes someone has accessed or used their Account without permission, they must notify Avatus as soon as possible by contacting Avatus support through the "Contact Us" section of the platform. Avatus reserves the right to close any Account with unauthorized charges.
e. Purchasing Avatus Memberships. When a User purchases an Avatus Membership Plan with a renewing subscription, they agree that the Membership Plan will automatically renew and that Avatus is authorized to charge them accordingly until they cancel the membership. Avatus will notify Users of any price increases or changes to the membership terms (such notification may be via any reasonable means, including a message on the Platform). Users can cancel their Avatus Membership Plan at any time by following the instructions provided on the website. If a User cancels their Membership Plan, they can still enjoy it for the period they already paid for. Remember: Only those over the age of 18 may purchase Avatcoins or engage in other real-money transactions on the Platform.
f. Removing Items and UGC from the Services; No Refunds. Avatus reserves the right, at its discretion, to suspend the availability of, or remove from the Services, any content (including digital products, online services, and any other UGC) without advance notice. Avatus is not liable for any losses Users incur as a result of such suspension or removal, and Avatus is not required to refund any Avatcoins or other funds that Users have spent on any removed or suspended content.
Avatus Refunds
The Avatus team is committed to making your refund process as easy and seamless as possible. This section explains the details related to all possible cases in which refund requests are generated and outlines the timeline within which the received refund requests are processed and completed by the Avatus platform.
Type of refund requests:
1. Auto-generated refund requests
2. Refund requests generated by end-users
3. Payment failure refund requests
1. Auto-generated refund requests
The Avatus platform will generate auto-refund requests for the following cases:
• Events:
a. When a paid public/private event is canceled by the creator before the scheduled date and time.
b. If the account of the event creator is deactivated/deleted either by the user or by the Avatus administration team, the upcoming events of the creator will be treated as canceled events, and all participants will be automatically refunded.
c. When the creator of an event is unavailable for 15 minutes after the scheduled commencement time of a paid scheduled event.
d. When the Avatus administration team blocks an event.
Note: No refunds will be made by Avatus if the participant fails to attend the event for any reason.
• Channels:
a. When the account of the channel creator is deactivated/deleted by the channel creator. b. When the Avatus administration team deletes a channel.
Note: No refunds will be made by Avatus if the subscriber willingly unsubscribes from a paid channel.
• Campaigns:
a. When a running campaign is canceled/deactivated/deleted either by the creator or by the Avatus administration team.
b. When the account of the campaign creator is deactivated/deleted either by the user or by the Avatus administration. In this case, all the campaigns of the creator will be treated as canceled.
• Services:
a. When a cancellation request is raised by the customer against the delivered service/session, and the service provider fails to either accept or reject that request within 48 hours.
b. When the service provider's account is deactivated/deleted either by the user or by the Avatus administration team. In this case, the services and the bookings for those services will be treated as canceled, and an auto-refund request will be generated by the platform for all users who have booked their service.
c. When a refund request is raised by a user related to the booked service/session, the service provider will be notified about such a request and can view it under the 'Refund Requests' section. The refund request will be approved when the service provider approves it. In case the service provider rejects the refund request, the user can raise this issue with the Avatus administration team. In this case, the final decision regarding the dispute will be made by the Avatus administration team.
Note 1: No refunds will be made by the platform if the participant fails to attend the session/service for whatever reason.
Note 2: The service provider can only deactivate/cancel a particular service/session after refunding all subscribers.
2. Refund requests generated by end-users:
· The Avatus platform enables users to raise refund requests related to the following modules:
o collection/digital accessories
o services/sessions
Users can raise a refund request related to any of the above modules under the 'My Purchases' section.
Note: The refund request related to any purchased items (collections/services) should be generated from the user's end by raising a 'Cancellation request' to the service provider. If the service provider accepts the cancellation request, the respective amount of Avatcoins will be returned to the user's wallet. If the service provider rejects the cancellation request, the user can proceed to the "Raise an Issue" section and raise the request for cancellation to the Avatus administration team, also stating the reason for this cancellation.In this case, the final decision regarding the refund request will be made by the Avatus administration team.
3. Payment failure refund request:
• If a payment is unsuccessful due to an internet issue or system failure, the user will receive a pop-up that reads "Payment Unsuccessful." If any amount is mistakenly deducted, it will be refunded within 7 business days.
Refund timeline:
• Any accepted refund request will be processed by the platform within 7 business days.
Digital Millennium Copyright Act
A. Notice. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights (other than content that was previously uploaded by you to Avatus and as to which the User-to-User Complaint Process applies as described below), you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting Avatus Support. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent or other representative of the rights holder, rather than directly by an under-13 user. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. You must provide the following information in writing:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
3. A description of the material that you claim is infringing and where it is located;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
B. Counter-Notice. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to Avatus Support. Any counter-notice submitted on behalf of an under-13 User must be submitted by a parent or other adult representative. When Avatus Support receives a counter-notice, Avatus may send a copy of the counter-notice to the original complaining party informing that party that Avatus may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in Avatus' sole discretion.
C. Repeat Infringer Policy. Avatus’s intellectual property policy is to: (i) remove or disable access to material that Avatus knows to be infringing the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by an intellectual property rights owner or his or her agent; and (ii) in appropriate circumstances, to terminate the accounts of and block access to the Services by any User who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.
D. Trademark Infringement
1. Our policies prohibit you from providing User-Generated Content (UGC) that infringes trademarks. If you provide UGC that infringes trademarks, your UGC can be blocked or removed.
2. If you are a trademark owner who believes your trademark is being infringed, please note that Avatus is not in a position to mediate disputes between Users and the holders of trademark rights. However, Avatus takes your rights seriously and will investigate and attempt to resolve any allegations of trademark infringement. Therefore, if you feel that your trademark rights are being infringed, contact Avatus Support. When you contact Avatus, please provide the following information in writing:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
b. A description of the trademark right that you claim has been infringed;
c. A description of the material that you claim is infringing and where it is located;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and
f. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property owner's behalf.
Disputes between Users and service providers
If a User has any issues with digital products, online services, or other UGC created by a service provider, the User should first contact the service provider directly to resolve the issue.
a. Escalation to Avatus. While Avatus is not responsible for these types of issues between Users and service providers, Avatus wants to make sure that everyone enjoys the Platform and Services. As a result, Avatus has the right (but not obligation) to intervene in issues between Users and service providers to try to help resolve them. Before escalating any issues between a User and a service provider to Avatus, Users should first make a real, genuine effort to work out a solution with the service provider. If the User and service provider do not succeed, they can individually escalate the issue to Avatus Support. If Avatus chooses to take action in any dispute between a User and a service provider, the User and service provider agree that Avatus's decision (which may include deducting Avatcoins from the service provider and crediting Avatcoins to the User) is final, and the service provider and User will accept that decision. Users and service providers agree to work with Avatus in a timely manner to resolve all such issues, and failure to do so is a violation of these User Terms.
Disputes between Users and Avatus
Disputes between Users and Avatus are handled according to the "Arbitration" section.
Links to Third Party Sites/Third Party Services
The Platform may contain links to other websites and apps ("Linked Sites"). The Linked Sites are not under the control of Avatus, and Avatus is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Avatus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Avatus of the site or any association with its operators.
Certain services made available via the Platform are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Platform, you hereby acknowledge and consent that Avatus may share such information and data with any third party with whom Avatus has a contractual relationship to provide the requested product, service, or functionality on behalf of the Platform users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these terms of use. As a condition of your use of the Platform, you warrant to Avatus that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Avatus or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Avatus content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Avatus and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Avatus or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Platform may include Communication Services such as chat areas, bulletin board services, news groups, forums, personal web pages, communities, calendars, and other message or communication facilities that enable you to communicate with the public or a group. You are allowed to use the Communication Services to post, send, and receive messages and materials that are related to the specific Communication Service and are appropriate. You must not use the Communication Services to defame, harass, threaten, abuse, stalk, or violate the legal rights of others or publish, post, upload, distribute, or disseminate any inappropriate, indecent, profane, infringing, obscene, or unlawful topic, name, material or information. You must also not upload files that contain viruses, corrupted files, or other software or programs that may damage the operation of another person's computer. Additionally, you may not advertise or offer to sell or buy goods or services for business purposes unless the Communication Service specifically allows it, conduct or forward chain letters, pyramid schemes, surveys or contests, or download any file posted by another user that you know or should know cannot be legally distributed. You must not falsify or delete any legal notices, author attributions, or other proprietary labels, and you may not restrict or inhibit another user's use of the Communication Services or violate any guidelines or codes of conduct that apply to the Communication Service.
Avatus has no obligation to monitor the Communication Services, but it may review the materials posted and remove any materials at its sole discretion. Avatus may also terminate your access to any or all of the Communication Services at any time without notice for any reason.
Avatus reserves the right to disclose any information as necessary to comply with applicable laws, legal processes, or governmental requests or to edit, refuse to post, or remove any information or materials.
You must use caution when disclosing personally identifying information about yourself or your children in any Communication Service, as Avatus does not control or endorse the content, messages, or information found in any Communication Service, and disclaims any liability with respect to the Communication Services and any actions resulting from your participation in the Communication Services. Managers and hosts are not authorized Avatus spokespersons, and their views do not necessarily reflect those of Avatus. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination, and you are responsible for complying with such limitations if you upload any materials.
Materials Provided to the Platform or Posted on the Platform
Avatus does not claim ownership of the materials you provide to the Platform (including feedback and suggestions) or post, upload, input or submit to the Avatus Platform or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Avatus, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your username in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Avatus is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Avatus’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You understand and agree that you are solely responsible for your Submissions and the consequences of posting or publishing them. Avatus assumes no responsibility or liability for any content submitted by you or any other user. You acknowledge and agree that you will not hold Avatus or its affiliates, employees, agents or licensors responsible or liable for any legal claim or damages arising from or related to your use of the Platform or your Submissions.
International Users
The Service is controlled, operated and administered by Avatus within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Avatus content accessed through www.avatus.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Avatus, its officers, directors, employees, agents, and third parties, from and against any losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Platform, any User Content you post or share on the Platform, your violation of these Terms or any applicable laws, rules or regulations, or your violation of any rights of a third party. Avatus reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Avatus in asserting any available defenses. However, you acknowledge and agree that Avatus has the right to hire its own legal representation and participate in the defense, if it so chooses.
Arbitration
If there is a dispute between you and Avatus, and the parties cannot resolve it through negotiation, the dispute shall be resolved through binding arbitration. This includes any dispute arising out of or related to these Avatus Terms, whether in contract, tort, or otherwise. The arbitration shall be conducted by a single arbitrator, in accordance with the Federal Arbitration Act and the rules of the American Arbitration Association (or a similar arbitration service selected by the parties) in a mutually agreed-upon location. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. The prevailing party in any legal or equitable action or arbitration shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims arising out of or related to these Avatus Terms. This arbitration provision shall survive the termination of these Avatus Terms.
Class Action Waiver
Arbitration under these Avatus Terms shall be conducted on an individual basis. Class arbitrations, class actions, collective actions, and representative actions are not permitted. You and Avatus agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. If the arbitrator finds that you have engaged in a prohibited class or representative action, you agree that you shall be liable to Avatus for all damages and costs that Avatus incurred as a result of your conduct. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of a representative or class proceeding unless both you and Avatus agree otherwise in writing.
Liability Disclaimer
AVATUS AND ITS SUPPLIERS DO NOT GUARANTEE THE ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AVAILABLE THROUGH THE PLATFORM. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVATUS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVATUS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVATUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT AVATUS AND ITS SUPPLIERS WILL 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE AVATUS TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
Termination/Access Restriction
Avatus reserves the right, in its sole discretion, to terminate your access to the Platform and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Platform. The use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Avatus as a result of this agreement or use of the Platform. Avatus's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Avatus's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Avatus with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Avatus with respect to the Platform, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Avatus with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
You acknowledge that you have read these Terms of Service, understand them, and agree to be bound by all of their terms and conditions.
Changes to Terms
Avatus reserves the right, in its sole discretion, to change the Terms under which the Platform is offered. The most current version of the Terms will supersede all previous versions. Avatus encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
If you have any questions, concerns, or comments about these Terms or the Platform, please contact us at compliance@avatus.com.
Last Update: April 7, 2023
