ACTIVITY PROVIDER TERMS (USA)

By clicking "I accept" you agree to the following terms:

These are the terms between you (Activity Provider) and us Aludio Inc. (Aludio, we, us and our), covering the use of your content on our site www.getacorn.com (Site) and/or through any web or mobile application we provide (Application).

The Site/Application is operated by or on behalf of Aludio.

These terms are applicable from December 20, 2017.

The Application provides information about many children's activities (each separate activity with an Activity Provider being a "Listing"). Activity Providers may either create a new Listing or, if their business if already featured on the Site/ Application, claim that Listing, so as to make changes to it.

Your use of the Site/ Application to create/ update a Listing is subject to these terms and by creating/updating a Listing you agree to be bound by them.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ACCOUNT REGISTRATION

In order to provide/ update a Listing for the Site/ Application you must first sign up to be an Acorn Activity Provider by entering your email address (this will be your username) at https://provider.getacorn.com/register and accepting these terms and conditions. If you do not accept these terms and conditions, you should not continue with the registration process.

You only need to register once.

Please note that additional eligibility criteria may apply in order to register, where indicated on the Site/Application. It is your responsibility to ensure you satisfy the minimum eligibility criteria before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

You confirm that all information provided by you to us, whether at registration or at a future date, is, to the best of your knowledge, wholly correct, and does not omit any material information in relation to your Activity.

You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these terms on that organization or entity’s behalf and bind them to these terms (in which case, the references to “you” and “your” in these terms, except for in this sentence, refer to that organization or entity). We may, in our sole discretion, refuse to offer the Site/Application to any person or entity and may change the Site/Application’s eligibility criteria at any time. If applicable laws prohibit your use of the Site/Application, then you aren’t authorized to use the Site/Application. We are not responsible if you use the Site/Application in a way that breaks the law.

PASSWORD

Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

CLAIMING A CURRENT LISTING

Where Aludio already has a Listing of your business, you may claim that listing by filling in the form at https://provider.getacorn.com/contact. You will then be required to create an account (see 'Account Registration' above).

By claiming a current Listing, you acknowledge that we obtained this data from your website or a third party source and you confirm your acceptance to us using this information in order to create a Listing for your business on our Site/ Application.

SUBMISSION OF LISTING

Once you have successfully created an account, you may submit/update your Listing to your account, to be displayed on the Site / Application. We may, but are not required to, review all Listings you submit and may ask questions in relation to the activity your business intends to promote on the Site/ Application (Activity) and/or reject some or all Listings in our absolute discretion.

    By submitting a new Listing for use on the Site/ Application, you confirm that:
  • You have the necessary authority to provide all information within that Listing (Content); and
  • All Content provided is accurate, truthful and will be kept up-to-date.
    By claiming an existing Listing, you confirm that:
  • You have the necessary authority to act on behalf of your business to claim the Listing and to provide the Content required to update the Listing; and
  • All Content you provide to update the listing is accurate, truthful and will be kept up-to-date.

You will be able to update/ remove any part of your Listing through your account at any time and are responsible for ensuring that all content in your Listing is accurate and kept up to date. If you transfer management or ownership of the Activity (or any material part of it) you should notify us as soon as reasonably practicable of such a change. You can notify us using the details in the Contact Us section of these terms.

Even if we approve a Listing or allow it to be made available through the Application, we may in our absolute discretion, suspend the availability of some or all of your Content or remove it from the Application and may, but are not required to, require changes to the Listing.

You agree that, by submitting any Content for use on our Site/ Application, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media or technology.

We shall take reasonable measures to satisfy ourselves that any user of the Site/ Application claiming to operate a business described in a Listing does in fact operate that business or have the business operator's or owner's authority to claim the Listing, and to change or delete that Listing. However, we cannot guarantee that a user of the Site/ Application who is not authorised to claim, change or delete a Listing may attempt to do so, and where such event occurs, we are not liable to the real business operator or owner of the Listing if fraudulent claims of authority are made.

We have certain rules around the types of Content that you can upload to be used on the Site/ Application.

    By agreeing to these terms, you understand that your Content must not:
  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise unlawful;
  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
  • transmit or distribute any virus and/or other code that has contaminating or destructive elements.

You also agree that you will operate, promote and exploit the Activity in accordance with applicable law, regulator guidance and codes of practice (whether mandatory or otherwise) and that the Activity will ensure the safety of visitors.

RIGHTS TO CONTENT

You warrant that you own, or have all necessary permission to use, all of the Content you submit to be displayed on the Site/ Application. You, and not Aludio, are solely responsible for obtaining all necessary permissions required for the Content to be displayed on the Site/ Application.

You shall indemnify, defend and hold harmless Aludio, its hosting and appstore partners and providers against any losses, liabilities, demands, claims, judgments, awards, damages, amounts payable in settlement, costs and expenses (including all legal and other professional fees, expenses and disbursements) that Aludio incurs or suffers however arising as a result of any claim made against Aludio that (a) the use of the Content on the Site/ Application infringes the intellectual property rights of any third party; (b) the use of the Content on the Site/ Application is defamatory of any third party (c) the Content and/or the Activity and/or the Location(s) is/are unlawful or in breach of codes of practice (whether mandatory or otherwise) or are promoted or operated in ways that are unlawful or in breach of codes of practice (whether mandatory or otherwise).

You agree that, by submitting any Content/Listing, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content/Listing (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Content/Listing.

We reserve the right, in our sole discretion, to delete, edit or modify any Content/ Listing submitted by you at any time without notice to you.

RIGHTS IN THE SITE/APPLICATION

The materials displayed or performed or available on or through the Site/Application, including, but not limited to, text, graphics, data, articles, reviews, ratings, photos, images, illustrations, Content, Listings, and so forth (all of the foregoing, the “Materials”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, and restrictions contained in any Materials you access through the Site/Application, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Materials not owned by you, (i) without the prior consent of the owner of that Material or (ii) in a way that violates someone else’s (including Aludio’s) rights. You understand that Aludio owns the Site/Application. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Site/ Application.

All reviews and ratings of Activity Provider on the Site/Application are the sole property of Aludio, and may not be modified, edited, copied or used by Activity Provider for any purpose without the prior written consent of Aludio. Aludio retains the right to continue to make reviews and ratings available following any termination or expiration of your relationship with Aludio, and whether or not you claim or maintain your Listing on the Site/Application.

REMOVAL OF LISTINGS/ CLOSING YOUR ACCOUNT

If you wish to remove your Listing from the Site/ Application or terminate your account, you must notify us at [email protected]. We shall then discuss the options for removal with you.

    We may, with or without prior notice, suspend your ability to upload Content/ Listings, remove any previously uploaded Content/ Listings, or terminate your account in the event that:
  • you have breached any of these terms; or
  • you become insolvent, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
    If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
  • issue of a warning to you;
  • immediate, temporary or permanent removal of any Content/ Listings submitted by you;
  • immediate, temporary or permanent withdrawal of your right to access your account and/or upload/ edit any Content/ Listings;
  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Under the Digital Millennium Copyright Act (DMCA), users can ask online service providers, like Aludio, to remove material that allegedly violates their copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content/Listings and other Materials alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Upon termination of your account, for any reason, all rights granted to you under these terms will immediately cease and you must promptly discontinue all use of your account.

LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND UNDER ANY CAUSE OR ACTION.

To the maximum extent permitted by law, Aludio excludes all liability against the Activity Provider for the Activity Provider's use of the Site/ Application.

You release Aludio, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Site/Application. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

THE SITE/APPLICATION AND MATERIALS ARE PROVIDED BY ALUDIO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND AT YOUR SOLE RISK. WE MAKE OR GIVE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OF THE SITE/ APPLICATION, CONTENT/LISTINGS AND MATERIALS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE, OR THAT USE OF THE SITE/ APPLICATION, CONTENT/LISTINGS AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, ARE HEREBY EXCLUDED. WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE USING THE SITE/ APPLICATION OR RELYING ON ANY OF ITS CONTENT/LISTINGS OR MATERIALS.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ALUDIO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL.

Nothing in these terms shall operate to exclude or limit either party's liability for personal injury or death, fraud, fraudulent misrepresentation or under any express indemnity, or any other liability that cannot be limited or excluded by law.

GENERAL

We will allow other businesses, venues and activities to be promoted through the Site/ Application and they may compete with you for visitors.

You may not transfer or assign any or all of your rights or obligations under these terms.

We may transfer, assign, or delegate these terms and our rights and obligations without consent.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at the email address you provided to us when registering with Aludio.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.

These terms shall be governed by New York law, without regard to its conflicts of law rules.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK.

Any arbitration under these terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ALUDIO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site/Application or these terms must be filed within one (1) year after such claim of action arose or be forever banned.

As it is our policy continually to review and update the Site/Application, we reserve the right to make changes to the Site/Application and/or to these terms from time to time, but if we do, we will bring it to your attention by placing a notice on the www.getacorn.com website, on the Application, by sending you an email, and/or by some other means. If you don’t agree with the new terms, you are free to reject them, but that means you will no longer be able to use the Site/Application. If you use the Site/Application after we change the terms, you then agree to all of the changes.

CONTACTING US

Please submit any questions you have about these terms to [email protected] or write to us at:

245 5th Avenue
Suite 1102
New York, NY 10016

ACTIVITY PROVIDER TERMS (UK)

[By clicking ["I accept"] you agree to the following terms]

These are the terms between you (Activity Provider) and us Aludio Technologies Limited (Aludio, we, us and our), covering the use of your content on our site www.getacorn.com (Site) and/or through any web or mobile application we provide (Application). The Site/Application is operated by or on behalf of Aludio. We are a limited company, registered in England. Our registered company number is 10404075, and our registered office is at 14 Bedford Square, London, United Kingdom, WC1B 3JA. Our VAT registration number is 264057212.

These terms are applicable from 14th of December, 2017.

The Application provides information about many children's activities (each separate activity with an Activity Provider being a "Listing"). Activity Providers may either create a new Listing or, if their business if already featured on the Site/ Application, claim that Listing, so as to make changes to it.

Your use of the Site/ Application to create/ update a Listing is subject to these terms and by creating/updating a Listing you agree to be bound by them.

ACCOUNT REGISTRATION

In order to provide/ update a Listing for the Site/ Application you must first sign up to be an Acorn Activity Provider by entering your email address (this will be your username) at https://provider.getacorn.com/ and accepting these terms and conditions. If you do not accept these terms and conditions, you should not continue with the registration process.

You only need to register once.

Please note that additional eligibility criteria may apply in order to register, where indicated on the Site/Application. It is your responsibility to ensure you satisfy the minimum eligibility criteria before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

You confirm that all information provided by you to us, whether at registration or at a future date, is, to the best of your knowledge, wholly correct, and does not omit any material information in relation to your Activity.

PASSWORD

Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

CLAIMING A CURRENT LISTING

Where Aludio already has a Listing of your business, you may claim that listing by filling in the form at https://provider.getacorn.com/contact. You will then be required to create an account (see 'Account Registration' above).

By claiming a current Listing, you acknowledge that we obtained this data from your website or a third party source and you confirm your acceptance to us using this information in order to create a Listing for your business on our Site/ Application.

SUBMISSION OF LISTING

Once you have successfully created an account, you may submit/update your Listing to your account, to be displayed on the Site / Application. We may, but are not required to, review all Listings you submit and may ask questions in relation to the activity your business intends to promote on the Site/ Application ("Activity") and/or reject some or all Listings in our absolute discretion.

    By submitting a new Listing for use on the Site/ Application, you confirm that:
  • You have the necessary authority to provide all information within that Listing ("Content"); and
  • All Content provided is accurate, truthful and will be kept up-to-date.
    By claiming an existing Listing, you confirm that:
  • You have the necessary authority to act on behalf of your business to claim the Listing and to provide the Content required to update the Listing; and
  • All Content you provide to update the listing is accurate, truthful and will be kept up-to-date.

You will be able to update/ remove any part of your Listing through your account at any time and are responsible for ensuring that all content in your Listing is accurate and kept up to date. If you transfer management or ownership of the Activity (or any material part of it) you should notify us as soon as reasonably practicable of such a change. You can notify us using the details in the Contact Us section of these terms.

Even if we approve a Listing or allow it to be made available through the Application, we may in our absolute discretion, suspend the availability of some or all of your Content or remove it from the Application and may, but are not required to, require changes to the Listing.

You agree that, by submitting any Content for use on our Site/ Application, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media or technology.

We shall take reasonable measures to satisfy ourselves that any user of the Site/ Application claiming to operate a business described in a Listing does in fact operate that business or have the business operator's or owner's authority to claim the Listing, and to change or delete that Listing. However, we cannot guarantee that a user of the Site/ Application who is not authorised to claim, change or delete a Listing may attempt to do so, and where such event occurs, we are not liable to the real business operator or owner of the Listing if fraudulent claims of authority are made.

We have certain rules around the types of Content that you can upload to be used on the Site/ Application.

    By agreeing to these terms, you understand that your Content must not:
  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise unlawful;
  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
  • transmit or distribute any virus and/or other code that has contaminating or destructive elements.

You also agree that you will operate, promote and exploit the Activity in accordance with applicable law, regulator guidance and codes of practice (whether mandatory or otherwise) and that the Activity will ensure the safety of visitors.

RIGHTS TO CONTENT

You warrant that you own, or have all necessary permission to use, all of the Content you submit to be displayed on the Site/ Application. You, and not Aludio, are solely responsible for obtaining all necessary permissions required for the Content to be displayed on the Site/ Application.

You shall indemnify, defend and hold harmless Aludio, its hosting and appstore partners and providers against any losses, liabilities, demands, claims, judgments, awards, damages, amounts payable in settlement, costs and expenses (including all legal and other professional fees, expenses and disbursements) that Aludio incurs or suffers however arising as a result of any claim made against Aludio that (a) the use of the Content on the Site/ Application infringes the intellectual property rights of any third party; (b) the use of the Content on the Site/ Application is defamatory of any third party (c) the Content and/or the Activity and/or the Location(s) is/are unlawful or in breach of codes of practice (whether mandatory or otherwise) or are promoted or operated in ways that are unlawful or in breach of codes of practice (whether mandatory or otherwise).

All reviews and ratings of Activity Provider on the Site/Application are the sole property of Aludio, and may not be modified, edited, copied or used by Activity Provider for any purpose without the prior written consent of Aludio. Aludio retains the right to continue to make reviews and ratings available following any termination or expiration of your relationship with Aludio, and whether or not you claim or maintain your Listing on the Site/Application.

We reserve the right, in our sole discretion, to delete, edit or modify any Content/ Listing submitted by you at any time without notice to you.

REMOVAL OF LISTINGS/ CLOSING YOUR ACCOUNT

If you wish to remove your Listing from the Site/ Application or terminate your account, you must notify us at [email protected]. We shall then discuss the options for removal with you.

    We may, with or without prior notice, suspend your ability to upload Content/ Listings, remove any previously uploaded Content/ Listings, or terminate your account in the event that:
  • you have breached any of these terms; or
  • you become insolvent, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
    If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
  • issue of a warning to you;
  • immediate, temporary or permanent removal of any Content/ Listings submitted by you;
  • immediate, temporary or permanent withdrawal of your right to access your account and/or upload/ edit any Content/ Listings;
  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of your account, for any reason, all rights granted to you under these terms will immediately cease and you must promptly discontinue all use of your account.

LIABILITY

In no event shall either party be liable to the other for any loss of use, interruption of business, loss of profits or any consequential, special, incidental, or indirect damages of any kind under any cause or action.

To the maximum extent permitted by law, Aludio excludes all liability against the Activity Provider for the Activity Provider's use of the Site/ Application.

Nothing in these terms shall operate to exclude or limit either party's liability for personal injury or death, fraud, fraudulent misrepresentation or under any express indemnity, or any other liability that cannot be limited or excluded by law.

GENERAL

We will allow other businesses, venues and activities to be promoted through the Site/ Application and they may compete with you for visitors.

You may not transfer or assign any or all of your rights or obligations under these terms.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at the email address you provided to us when registering with Aludio.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.

These terms shall be governed by English law and any dispute shall be dealt with by the Courts of England.

CONTACTING US

Please submit any questions you have about these terms to [email protected] or write to us at:

14 Bedford Square, London, United Kingdom, WC1B 3JA