TERMS OF USE
Last revised on 03/31/2021
Welcome to Rair, operated by Rair Technologies, Inc. (“us,” “we,” the “Company” or “Rair”).
Acceptance of Terms of Use Agreement.
By creating a Rair account whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on restlessnites.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
Eligibility.
You must be at least 18 years of age to create an account on Rair and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with Rair
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
Your Account.
In order to use Rair, you must sign in using your Non-custodial Web 3 wallet (such as MetaMask). For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for our Services, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@rairtechnologies.com. Please note that Rair does not control your MetaMask wallet, or any information necessary to access any crypto wallet that you may use in conjunction with the Service.
Rair charges the following fees in connection with the sale and/or purchase of Digital Content (defined below): any creator, author, or authorized seller (“Creator”) of Digital Content will receive XX% of each sale, and Rair retains the remainder. These fees will be processed through the blockchain and you may incur additional related to the processing of the transaction through the blockchain. Many transactions on Rair, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by smart contracts existing on the Ethereum network. The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every for every transaction that occurs on a public blockchain network, and thus every transaction occurring on Rair. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Rair. You acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on Rair be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.
You are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, “associated with your use of Rair (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).
Modifying the Services and Termination.
Rair is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we may notify you in advance unless extenuating circumstances prevent us from doing so.
Account access is managed by blockchain verification and therefore is not terminable by a user; however, any authorized users (or governing body of such user account) hosting content on Rair’s platform may terminate their hosting account at any time, for any reason, by contacting Rair. Rair may terminate your account at any without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for any purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Rair: Section 5, Section 6, and Sections 13 through 20.
In no event shall Rair be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Safety; Your Interactions with Other Users.
Though Rair strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT RAIR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. RAIR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. RAIR RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Rights Rair Grants You.
Rair grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Rair and permitted by this Agreement. Therefore, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Rair’s prior written consent.
express or imply that any statements you make are endorsed by Rair.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Services.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without Rair’s prior written authorization.
use meta tags or code or other devices containing any reference to Rair or the Service (or any trademark, trade name, service mark, logo or slogan of Rair) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
use, access, or publish the Rair application programming interface without our written consent.
probe, scan or test the vulnerability of our Services or any system or network.
Encourage, facilitate, provide equipment for, or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account and banning of your IP address.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. Depending upon your device, you may be able to adjust these automatic downloads through your device’s settings.
Rights you Grant Rair.
By creating an account, you grant to Rair a worldwide, transferable, perpetual, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, promoting, and improving the Service, associated events and promoted content on the Service, and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person viewing, using, visiting or participating in the Service.
If you use Rair to tokenize, store, publish, display, and/or sell an original NFT, encrypted data container, or Digital Content (which may include, without limitation, visual art, videos, digital files) (“Digital Content”), you agree you have not, will not, and will not cause another to sell, tokenize, or create another cryptographic token representing a digital collectible for the same Digital Content, excepting, without limitation, the your ability to sell, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the you under copyright law.
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Rair above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Rair allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Rair regarding our Services, you agree that Rair may use and share such feedback for any purpose without compensating you.
You agree that Rair may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
Community Rules.
By using the Services, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement [including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”)]
spam, solicit money from or defraud any users.
Solicit personal information from users, especially those under the age of 18
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, harass or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account.
create another account if we have already terminated your account, unless you have our permission.
Manipulate the price of any product available for sale on the Service (including your own items)
Use the Services to conceal financial activity
Use the Services to create a product or service that is competitive with Rair.
Rair reserves the right to investigate and/ or terminate your account without a refund of any in app purchases if you have misused the Service or behaved in a way that Rair regards as regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
Other Users’ Content.
Although Rair reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Rair cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the via help@goRair.com.
Purchase.
Generally. From time to time, Rair may offer products and services for purchase (“Purchases”) through application platforms authorized by Rair (each, a “Software “Software Store”). If you choose to make an Purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for Purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live.
Rair reserve the right to refuse any Purchase you place Service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, dates, so that we can complete your transactions and contact you as needed.
Certain purchases available through Rair and the Services will be based on a public blockchain network through something called “Smart Contracts.” These Purchases are outside of the control of any one party, including Rair, and are subject to many risks and and uncertainties. We neither own nor control MetaMask, Coinbase, OpenSea, the Ethereum network, your browser, or any other third party site, blockchain network, cryptocurrency, exchange platform, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Services. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. You understand that your public blockchain address will be made publicly visible whenever you engage in a transaction on the Services.
If you purchase, view, or access Digital Content through the Services, you may receive a cryptographic token representing the Creator’s Digital Content as a piece of property, but you do not own the creative work itself. You may display and share the Digital Content, but you do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Content, excepting the limited license to the Digital Content granted by these Terms and Conditions. Upon collecting a Digital Content, you will receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Content legally owned and properly obtained by you.
Your limited license to display the Digital Content, includes, but is not limited to, the right to display the Digital Content privately or publicly: (i) for the purpose of promoting or sharing the your purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital Content; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital Content; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments. This license may be further limited by the seller of the Digital Content.
You have the right to sell, trade, transfer, or use their Digital Content, but you may not make “commercial use” of the Digital Content.
You may not, nor permit any third party, to do or attempt to do any of the foregoing without the express prior written consent of the original author/creator of the Digital Content in each case: (i) modify, distort, mutilate, or perform any other modification to the Digital Content which would be prejudicial to the author’s or reputation; (ii) use the Digital Content to advertise, market, or sell any third party product or service; (iii) use the Digital Content in connection with images, videos, or other forms of media that depict +hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital Content in movies, videos, video games, or any other forms of media for a commercial purpose; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Content; (vi) attempt to trademark, copyright, or otherwise otherwise acquire additional intellectual property rights in or to the Digital Content; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Content; (viii) falsify, misrepresent, or conceal the authorship of the Digital Content; or (ix) otherwise utilize the Digital Content for the your or any third party’s commercial benefit.
You irrevocably release, acquit, and forever discharge Rair and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Rair use of a Digital Content in accordance with Terms and Conditions.
Access to your Digital Content is not guaranteed via Rair and/or its websites in perpetuity. Purchasers of Digital Content will retain their ownership, but it is your responsibility to ensure that you have downloaded local copies of your Digital Content, if Content, if available. Rair’s hosting of Digital Content is subject to the terms and conditions herein as well (and access may be restricted for violating the terms and conditions) as the agreed upon terms between Rair and the party who entered into a hostin agreement with Rair.
Refunds.
Generally, all charges for in Purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception or if the laws applicable in your jurisdiction provide for refunds.
For Rair services that are on a subscription basis, any subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund refund during the 14 days after the your begin your subscription begins. Please note that this 14-day period commences when the subscription starts.For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the original date of your subscription, excluding Sundays and holidays. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Rair) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same same manner as you request a refund as described below.
Purchases of Digital Content or any other virtual items are FINAL AND NON-REFUNDABLE.
Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Central District of California and a statement that you will accept service of process from the who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Rair will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, 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, at our sole discretion.
In accordance with the DMCA and other applicable law, Rair has adopted a policy of terminating, in appropriate circumstances and at Rair’s sole discretion, any users who are deemed to be repeat infringers (whether through a single account or several). Rair may may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimers.
RAIR PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RAIR DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.RAIR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Rair is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Rair is not responsible or liable for such third parties’ terms or actions.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAIR, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF RAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RAIR’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO RAIR FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Arbitration, Class-Action Waiver, and Jury Waiver.
Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. All costs and attorney’s fees associated with the arbitration shall be borne by each party individually.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Governing Law.
For users residing in the European Union, Norway or elsewhere where our arbitration agreement is prohibited by law, the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Venue.
Except for users residing in the European Union or Norway, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, U.S.A., and you and Rair consent to personal jurisdiction in those courts.
Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Rair, our affiliates, and their and our respective officers, directors, agents, and agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
Entire Agreement. Other.
This Agreement along with the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains contains the entire agreement between you and Rair regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Rair account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Rair in any manner.