These terms are effective as of October 10, 2016.
IMPORTANT: BY USING THIS PLATFORM, YOU AGREE TO RESOLVE DISPUTES WITH THE OPERATOR OF CREDIBOO THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTIONS 20 AND 21.
1. Introduction
CREDIBOO ("CREDIBOO.com ", "we", "our") operates crediboo.com, social network platform that pay its users. These Terms of Use apply to the "Platform", which we define to include all of the following:
The crediboo website, our official crediboo mobile apps for iOS and Android
The content, platforms, activity and transactions that are offered, made available or facilitated through any of the above, including the Monetization Platform and the electronic wallet.
These Terms of Use govern your use of the platform and your relationship with us in connection with the platform. You accept and agree to these Terms of Use by doing any one of the following:
> Accessing or using the platform
> Clicking to accept these Terms of Use
> Accepting these Terms of Use through any other method we specify
If you violate these Terms of Use, or if you do not agree to these Terms of Use, your access to and other use of the platform is unauthorized.
These Terms of Use contain many important points, including important warranty disclaimers and limitations on CREDIBOO's liability, including as explained in sections 17 and 18; and an explanation of how these Terms of Use will be updated, as detailed in section 2 below:
As used in these Terms of Use:
The term "Content" includes any posts, comments, Likes, information, graphics, photos, links, audio files, videos, software, programs and other material.
The term "posting" refers to any act of submitting or sending Content to the platform, or creating Content on the platform, such as uploading a photo for your profile page.
2. Changes to the Terms of Use
CREDIBOO may amend these Terms of Use at any time and at CREDIBOO's sole discretion, by posting the updated version on crediboo.com (such as via a link to it in the footer). Unless you reject the update as described below, you will be deemed to accept the changes and they will take effect at the earlier of:
12:00 p.m. Eastern time on the 10th day after posting to crediboo.com (if there is no update to the Disputes/Arbitration section) or on the 30th day (if there is an update to the Disputes/Arbitration section); or
your acceptance of them via a click-through process or some other method that we specify.
To reject a proposed update, you must, by the deadline on the day specified above, and without accepting the update, take all of the following steps:
Using your email address that we have on file for your account, send us an email to [email protected] (sending a blank email is fine), then
Click on the verification link in the automated response email we will send you, then
If we request, log into your Platform account from the page that appears, and follow the steps shown there to verify and submit your rejection of the update.
The content of the email you send to [email protected] will have no effect on any version of the Terms of Use and probably won't be read. If you don't receive the verification link from us within four hours, then instead of steps 2 and 3 above you must cease using the platform and send a letter to CREDIBOO, The Software Centre, Sunderland, SR11PB, containing
(i) your full name,
(ii) your username,
(iii) a statement that you reject the update to the Terms of service.
This letter must be postmarked by the day of the deadline above, and we may communicate with you via a message on the platform to request your confirmation of the rejection, which you must then provide. Unless we explicitly state otherwise in the proposed update to the Terms of Use, no other rejection method is valid.
If you follow the process above to reject the update, then the update will not take effect between us and you, and your account on the platform will be closed as described in section 8.
If you do not follow the process above to reject the update, then it will apply on a going-forward basis as of the date and time it takes effect.
3. Changes to the platform
We reserve the right to change and improve the features and functionality of the platform at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the platform. Additionally, we reserve the right to suspend or stop the platform altogether. We reserve the right to impose fees for new or existing aspects of the platform and to modify existing fees. We generally will post fee information in the FAQs or a similar location, or at the point in the platform where you are choosing whether to engage in the fee-generating activity.
4. Eligibility Restrictions
You must be at least 13 years old to use the platform. In addition, you must;
> have reached the age of majority in the jurisdiction where you live (in most countries, that's 18 years old),
> have valid consent from your parent or legal guardian to use the platform and be bound by these Terms of Use, or
> be an emancipated minor. If you are the parent or legal guardian of a minor that creates an account, you accept these Terms on the minor's behalf and are jointly responsible with the minor for all use of the platform and compliance with the Terms.
You represent that
(i) you are not located in a country that is subject to Government embargo in any of the countries covered within our services, or that has been designated by any country covered within our services as a "terrorist supporting" country; and
(ii) you are not listed on any of the countries covered within our services Government list of prohibited or restricted parties. To use the Monetization Platform and electronic wallet, you must be an individual or commercial entity with a valid tax identification number in the United States, Europe or other crediboo-approved jurisdiction, and you may not be prohibited by contract or another legally binding requirement from monetizing Content.
5. Privacy Policy
You consent to the collection, use, disclosure and other handling of information described in our Privacy Policy , which we may update from time to time.
6. Monetization Platform and Electronic Wallet
Since every user is automatically enrolled into the Monetization Platform and electronic wallet, you agree to and are subject to the Monetization Platform and Electronic Wallet Terms , which we may update from time to time.
7. General Requirements and Prohibitions
You must:
Comply with any policies or other requirements we post on the platform.
Provide us with only accurate information about yourself, and keep it up-to-date.
Use a unique password that never has or will be used anywhere else.
Protect the confidentiality of your password. You will be responsible for any and all statements and transactions made, and any other acts or omissions that occur, through your account.
Access our Platform only from devices that have an up-to-date operating system and up-to-date security software.
Notify us of any suspected unauthorized activity, or any breach of confidentiality of your password.
You agree not to do any of the following:
> Violate any applicable law or legal requirement.
> Engage in fraud or misuse of the platform.
> Engage in conduct that is harmful to us or another user.
> Attempt to access, search or otherwise use the platform (such as by attempting to retrieve information from or about the platform) through the use of any engine, software, tool, agent, device or mechanism (including spiders, scrapers, robots, crawlers, data mining tools or the like) other than
(i) generally available third-party web browsers that provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome and Internet Explorer and
(ii) our apps.
> Access our Platform using anything that has been created (or modified with plugins or otherwise) in a manner that facilitates automated or faster-than-normal access to, searching of or other use of the platform.
> Disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a robots.txt file, the more restrictive of the two shall apply).
> Operate a financial platform or provide financial products through the platform.
> Submit content that
(i) infringes, misappropriates or violates a third party's copyright, trademark, trade secret, patent, moral rights or other intellectual property rights, rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any legal requirement;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) a third party might consider to be their private or confidential information (such as their credit card number, social security number, or their non-public phone number or email address).
> Advertise websites or applications that infringe on the intellectual property or copyright of CREDIBOO
> Misrepresent your relationship with us or with the platform.
> Sell, transfer, license or assign your account, followers, username, custom url or any account rights, or offer to do so.
> Stalk, bully, abuse, harass or threaten anybody.
> Use the platform if you are a convicted sex offender.
> Display to others, mirror or frame the platform, or any individual element within the platform, except that you may use embedding tools that we may choose to provide specifically to permit the embedding of aspects of our Platform, consistent with any additional restrictions we impose for the use of such tools;
> Alter the way that an aspect of the platform is displayed or delivered to other users.
> Access, tamper with, or use non-public areas of the platform, our computer systems, or the technical delivery systems of us or our providers;
> Attempt to access our API without first obtaining our permission and agreeing to our API-specific terms;
> Attempt to probe, scan, or test the vulnerability of the platform or breach any security or authentication measures;
> Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the platform.
> Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the platform;
> Disclose your password or other login credentials to third parties or permit third parties to use them or the platform on your behalf or under your account.
> Permit third parties to observe your logging into the platform or to collect information about the login process.
> Request, receive or use third party's password or other access credentials.
> Access the platform to determine whether a third party holds any type of account or to learn about or verify information about the account.
> Disclose any of the following confidential information without our prior written consent:
(i) all CREDIBOO software, algorithms (including the optimization or manipulation of said algorithms), technology and non-public documentation relating to the platform;
(ii) the existence of, and information about, non-public beta features in the platform; and
(iii) any other information made available by CREDIBOO that is marked confidential or would normally be considered confidential under the circumstances in which it is presented.
> Access the platform if we have requested that you refrain from such access.
> Send any unsolicited or unauthorized advertising, promotional materials, junk email, spam or other form of solicitation;
> Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the platform operations;
> Collect from the platform or use any information found on the platform about an identified or identifiable individual.
> Impersonate or misrepresent your affiliation with any person or entity.
> Assist or permit any third party to engage in any act or omission that would violate these Terms of Use.
8. User Account Termination or Modification
We reserve the right to terminate the platform or your access to the platform, or close your account, for any reason or no reason, without notice, at any time, and without liability to you. You can close your account at any time for any or no reason by logging into crediboo.com, clicking here and completing the form to request that your account be deleted. We reserve the right to permanently erase your account from our systems immediately or at any time after we receive the request or to preserve a record of the account for some time for legitimate business purposes and as required by law. In some cases, the deletion process may take some time.
Account deletion may not ensure complete or comprehensive removal of the content or information you posted on the platform. For example, it will not necessarily remove content or information that has been stored, shared or re-posted by a third party. We reserve the right to retain information where required or permitted by law to do so. When your account is closed or deleted, all licenses and other rights granted to you in these Terms of Use will immediately cease.
At any time, regardless of whether your account is being closed, we reserve the right to retire your username/custom url or assign it to a new user, in each case at any time and without prior notice to you. We may choose to exercise this right if your use of a particular username or custom url is unlawful or violative of a third party's trademark, or in other situations where we believe it would be appropriate to do so. You do not have any property interest in or right to use any specific username or custom url.
9. Content
We do not claim ownership of any Content that you post on the platform.
For Content you post that is covered by intellectual property rights, like photos and videos (IP Content), you give us the following permission, subject only to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute and perform any IP Content or derivatives of it, with or without your name or username, including for advertising-related purposes (the IP License). This IP License ends when you delete your IP Content or your account unless your Content has been shared with others, and they have not deleted it. However, you agree that we are forever free to use any ideas, concepts or know-how that you provide to us.
You acknowledge and agree that CREDIBOO is not responsible for the use of your Content by third parties who view your Content.
You represent and warrant that: (a) you own the Content posted by you on or through the platform or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) the posting and use of your Content on or through the platform does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (c) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the platform.
CREDIBOO reserves the right to take down or delete any Content from the platform for any or no reason, without prior notice.
You agree that the platform is not a backup platform and you will not rely on the platform for the purposes of backup or storage. You agree to make a secure copy of any important Content before posting it to the platform. CREDIBOO will not be liable to you for any modification, suspension, or discontinuation of the platform, or the loss of any Content. You acknowledge that the platform may be subject to breaches of security, and that the submission of Content may not be secure.
You agree that CREDIBOO is not responsible for, and does not endorse, Content posted within the platform. CREDIBOO does not have any obligation to pre-screen, monitor, edit, or remove any Content. You bear legal responsibility for your Content and for any violation by your Content of these Terms.
Except if specified in the platform's Privacy Policy, as between you and CREDIBOO LTD, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with CREDIBOO is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place CREDIBOO in a position that is any different from the position held by members of the general public, including with regard to your Content.
10. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software or filtering platforms) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Bing search . Please note that we did not create these parental control tools, we have not tested or evaluated them and we do not endorse them. Any use of such tools is at your sole risk. You should not assume that these or any other third-party parental control protections will work well or at all in connection with the platform.
11. Account Security
You are solely responsible for maintaining the confidentiality of your account information, such as your username and password, and for restricting access to your computer and other devices. You accept full responsibility and liability for all activities that occur under your account or password.
12. Advertising
The platform is supported by advertising revenue and may display advertisements and promotions. You agree that CREDIBOO may place such advertising and promotions on the platform or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
13. Ownership of the platform and Related Rights
As between you and CREDIBOO LTD, all rights, title and interest in and to the platform, including, without limitation, patents, copyrights, trademarks, trade names, platform marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to CREDIBOO
The crediboo name and logo are trademarks of CREDIBOO LTD, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CREDIBOO In addition, all page headers, custom graphics, button icons and scripts are platform marks, trademarks and/or trade dress of CREDIBOO LTD, and may not be copied, imitated or used, in whole or in part, without prior written permission from CREDIBOO
The Terms do not grant you any right, title or interest in any of the above.
The relationship between you and us is that of independent contractors, and nothing in these Terms of Use shall be construed to create or imply any other relationship such as a partnership or an employer/employee or agency relationship.
14. Copyright Infringement
Our instructions for copyright owners and their authorized representatives to report suspected copyright infringement are available here .
15. Additional Terms For Our iOS App
You acknowledge and agree that
(i) these Terms of Use are concluded between you and CREDIBOO only, and Apple is not a party hereto, and
(ii) as between CREDIBOO and Apple, it is CREDIBOO that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to
(i) product warranty or liability claims;
(ii) any claim that the app fails to conform to any applicable legal or regulatory requirement;
(iii) claims arising under consumer protection or similar legislation; or
(iv) claims that the app infringes a third party's intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms of Use, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and CREDIBOO LTD, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty of CREDIBOO will be CREDIBOO LTD's responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit CREDIBOO LTD's liability in this regard.
Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
16. Indemnification
You agree to indemnify, defend and hold harmless CREDIBOO, its affiliates, agents, partners, employees, contractors and advertisers, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, demand or liability arising out of or related to any of your Content or your acts or omissions in relation to the platform, your breach of these Terms of Use, or your violation of any law or third party rights. CREDIBOO LTD's affiliates, employees, advertisers, partners and sponsors are third-party beneficiaries of this indemnity.
17. Disclaimer of Representations and Warranties
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
(i) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
(ii) OF INFORMATIONAL CONTENT OR ACCURACY,
(iii) OF NON-INFRINGEMENT,
(iv) OF PERFORMANCE,
(v) OF TITLE,
(vi) THAT THE PLATFORM WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
(vii) THAT ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED,
(viii) THAT THE PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM OR
(ix) THAT WE WILL ENFORCE THE TERMS OF USE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY CREDIBOO TO MODIFY THE PLATFORM SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS OF USE.
Some jurisdictions limit or do not allow the disclaimer of implied warranties, and as a result some or all of this section may not apply to you. In cases where such laws apply, the warranties will be disclaimed only to fullest extent permitted by law.
18. Disclaimer of Liability
IN NO EVENT SHALL CREDIBOO OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH CREDIBOO, THE "CREDIBOO ENTITIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE CREDIBOO ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY CREDIBOO ENTITY'S NEGLIGENCE OR GROSS NEGLIGENCE.
ADDITIONAL DISCLAIMERS BY CREDIBOO APPEAR WITHIN THE BODY OF THE PLATFORM AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE PLATFORM OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, liability of the CREDIBOO Entities shall be limited to the fullest extent permitted by law.
19. Governing Law
Any and all disputes, claims, and controversies arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability) or the platform (for example, relating to any person's access to or use of the platform, or the provision of content, products, services, or technology on or through the platform, or the Monetization Platform or the electronic wallet, or the handling of information collected on the platform), shall be governed by and construed exclusively in accordance with the laws and decisions of England and Wales.
20. Disputes/Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
CREDIBOO and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability) or the platform (for example, relating to any person's access to or use of the platform, or the provision of content, products, services, or technology on or through the platform, or the Monetization Platform or the electronic wallet, or the handling of information collected on the platform), CREDIBOO or you must give the other notice of the dispute, claim, or controversy, and the notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to CREDIBOO by mail to CREDIBOO, The Software Centre, Sunderland, SR11PB AND by email to [email protected] To the extent that CREDIBOO has your contact information, it will send any such notice to you by Royal Mail and your email address. CREDIBOO and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. CREDIBOO and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, CREDIBOO or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between CREDIBOO and you arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability) or the platform (for example, relating to any person's access to or use of the platform, or the provision of content, products, services, or technology on or through the platform, or the Monetization Platform or the electronic wallet, or the handling of information collected on the platform), if unresolved through informal discussions within thirty (30) days of the sending of the notice described above, shall be resolved by binding confidential arbitration to be held in the U.K. city in which you reside. For residents outside the United Kingdom, arbitration shall be initiated in England, United Kingdom, and CREDIBOO and you agree to submit to the personal jurisdiction of any local or federal court in England, United Kingdom to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites shall not be subject to arbitration.
The arbitration shall be conducted by a single arbitrator, governed by LCIA pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, "LCIA Rules"), as modified by these Terms of Use, and administered by LCIA. The LCIA Rules and fee information are available at www.lcia.org or by calling LCIA at +44 (0) 20 7936 6200.
CREDIBOO shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to £ 1,000, unless the arbitrator finds your claims, defences or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorney's fees and expert witness costs unless CREDIBOO is otherwise specifically required to pay such fees under applicable law. For claims that total more than £1,000, the LCIA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on CREDIBOO and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. CREDIBOO and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. CREDIBOO and you understand that, absent this mandatory arbitration provision, CREDIBOO and you would have the right to sue in court and have a jury trial. CREDIBOO and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
You or CREDIBOO may choose to pursue a claim in small claims court where jurisdiction and venue over you and CREDIBOO otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief.
You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to CREDIBOO, The Software Centre, Sunderland, SR11PB AND [email protected] If you already were a user of the platform as of 10th of October 2016, you must send the notice by 9th of November 2016]. For everybody else, the notice must be sent within 30 days of your first use of the platform. In either case, if you have an account on the platform, the notice must be sent from the email address we have on file for that account. If you do not opt out via this method specified in this paragraph, you will be bound to arbitrate disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, CREDIBOO will not be bound by them either.
If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a claim, dispute or controversy between CREDIBOO and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), CREDIBOO and you agree to waive, to the fullest extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of CREDIBOO LTD, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), the Sites, any person's access to and/or use of the Sites, and/or the provision of content, products, services, and/or technology on or through the Sites.
21. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
CREDIBOO and you agree that CREDIBOO and you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability) or the platform (for example, relating to any person's access to or use of the platform, or the provision of content, products, services, or technology on or through the platform, or the Monetization Platform or the electronic wallet, or the handling of information collected on the platform), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. CREDIBOO and you further agree that CREDIBOO and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability) or the platform (for example, relating to any person's access to or use of the platform, or the provision of content, products, services, or technology on or through the platform, or the Monetization Platform or the electronic wallet, or the handling of information collected on the platform).
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in England, United Kingdom.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of CREDIBOO LTD, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability) or the platform (for example, relating to any person's access to or use of the platform, or the provision of content, products, services, or technology on or through the platform, or the Monetization Platform or the electronic wallet, or the handling of information collected on the platform).
22. Other
These Terms of Use constitute the entire and exclusive understanding and agreement between us and you regarding the platform, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topic. If we fail to enforce any part of these Terms of Use, it will not be considered a waiver. Any amendment to or waiver of these Terms of Use by us must be made in writing and signed by us. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms of Use shall prevent us from complying with the law. We reserve all rights not expressly granted to you.