Terms of Use
Last Updated: 30 Apr 2024
Welcome to Les Amis available at lesamis.cc (the “Website”). The Website is the official website of WEAREAMIS OÜ (hereinafter referred to as the “Company” or “Les Amis”), the company registered in Estonia, registry code 16905654, address Tartu maakond, Tartu linn, Tartu linn, Põhjatamme pst 8, 51011. These Terms of Use (the “Terms”) apply to the Website and any of the subdomains and Les Amis Applications for mobile devices and/or services offered by using the Website (the “App”).
By accessing or using the Website and/or the App and any services made available through the Website and/or the App and affiliated websites, if any, you ("User" and collectively with others using the Website "Users") agree without any modifications to be bound by these Terms.
The services (as described further) are provided by the Company, and the terms "we," "us," and "our" refer to this legal entity. The Company may change the scope of the services or stop providing services in its entirety at any time.
We want to help you connect with people, expand your social circle, and explore your interests. We are constantly working on improving our services, and the experiences of our Users are our top priority. We also customize Les Amis for you based on the information you provide us and your use of Les Amis (e.g. your interests or past Les Amis events you visited). This allows us to recommend experiences that we believe you will find relevant, useful and interesting.
We understand that joining a community and services of this nature is a “first” for many of you. Therefore, every decision we make comes from our desire to provide you with the experience you have hoped this would be. Should you ever have any questions regarding these Terms, your application, membership, or any other aspect of our services, please feel free to contact us at [email protected].
These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the services.
The information made available on our Website and/or the App may be altered or removed at any time without prior notice. The Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website and/or the App, at any time and from time to time at its sole discretion without your prior consent. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the "Last Revised" date at the top of the Terms. You should regularly check this page for updates. If you do not agree to any changes to these Terms that we may make, do not use the Service. In addition, you may close your account by contacting us at: [email protected].
Subject to applicable law, the method of notification will be left to the Company's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances unless the Company is duty-bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or at the instant that the Company transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent users of the Website and/or the App. Your continued use of this Website and/or the App acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Website and/or the App, you must stop using it.
Introduction
Les Amis the App, Website, and related services, including, but not limited to, those related to events or experiences (collectively an “Experience”), venues, locations and other online and in-person interactions (collectively, the “Service”) to its Users, subject to these Terms. The Experiences are designed for individuals to try new activities and meet new people. These Terms constitute an agreement establishing the legally binding terms you must accept to use the Services. By submitting an application to Les Amis, creating a Les Amis account, RSVPing or attending an event, or otherwise using the Services in any manner whatsoever, you agree to be bound by these Terms, our Privacy Policy, our Community Guidelines, and any additional terms that apply to you at all times. IF YOU DO NOT AGREE, OR YOU DO NOT HAVE THE AUTHORITY TO ACCEPT THESE TERMS, YOU MUST NOT USE THE SERVICE.
Where we provide any services to you under these Terms, we will always do so with reasonable skill and care. Please note that although we provide the Service so that individuals may connect and enjoy Experiences, we are not responsible for the Experiences themselves, or any consequences of hosting or attending an Experience arranged through the Service. For more details, please see section Disclaimers.
NOTICE REGARDING DISPUTE RESOLUTION FOR THE U.S. USERS: THIS NOTICE IS APPLICABLE TO U.S. USERS ONLY (A) A U.S. CITIZEN; (B) A PERSON THAT RESIDES IN THE U.S.; (C) A PERSON THAT IS ACCESSING THE APP FROM THE U.S. (U.S. USER), THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Website and the App are provided "as is" and "as available." The Company does not guarantee that the Website and the App will meet the User's goals and requirements. The Company takes reasonable care in providing the Website and the App, but it can’t guarantee that any information on the Website and the App regarding any Experience is accurate. To the extent permitted by law, the Company shall not be held liable for any errors, or any interruptions, however, the Company will do everything in its power to correct such omissions as soon as possible under the particular circumstances. Our Platform is not a recommendation or endorsement of any Experience.
Application and Registration Process
In order to gain access to the Services, prospective users will be asked to complete a brief application, with accepted users being offered membership and access to the Services (including Experiences) for a fee to be paid via the payment system. All applications will be considered; however, we have complete control and discretion regarding who is granted membership to the Services. Those who are not granted access will be placed on our waitlist, which is continually reviewed for additional applicants to be admitted.
We only select community members who we believe will adhere to our code of conduct and respect the privacy of our users – and who have agreed to do so pursuant to these Terms. The Company retains the unilateral right, at its discretion and without prior notice, to deny the User access to the Website and the App, remove User-uploaded content (partially or entirely), and take other actions. We periodically review our community and remove users who are not acting in accordance with our code of conduct or these Terms or who are otherwise engaging in disrespectful, inappropriate or improper behaviour.
When the User registers on the Website and/or the App, the User must provide information that is accurate and complete. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website and/or the App.
By registering on the Website and/or the App, the User agrees to use the Website and/or the App only for the purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.
When you apply for the particular Service (by filling out and submitting the application form via the Website and/or the App or any other service (e.g. Meetup)) or use the Service, you automatically agree to both these Terms and our Privacy Policy. You should not submit your application or continue using the Services at any time you disagree with the Terms and Privacy Policy.
Membership Plans
Upon acceptance as a member, applicants will be required to select a payment option (“Membership”). Membership payments start on the date that you sign up for a Membership and automatically renew according to the selected period (“Membership Interval”), and we will automatically bill the Membership fee to your Payment Method (defined below) each period, until your subscription is canceled via the written request sent to [email protected] or terminated. Each billing cycle is one month or three months (“quarter”) in length (a "Membership Interval"). For example, if you purchase your monthly Les Amis subscription on Mar 3, your subscription will automatically renew and be billed on Apr 3.
Users have the option to pause their Membership for a fee of 6 euros per month. While the Membership is paused, Users cannot access their account or use any associated features of the Website and/or the App. However, once the Membership is unpaused, all data and Credits previously associated with the User’s account will be reinstated.
You must provide us with a current, valid, accepted method of payment ("Payment Method"). If Les Amis is not able to charge the membership payment from your Payment Method (bank account, debit or credit card provided by the User) or invoices are unpaid by the User, Les Amis has the right to terminate the membership and stop the provision of access and Services without prior notice to the User immediately.
In addition to membership fees, users can purchase additional Services, such as but not limited to Additional Credits (defined below), Experiences or trips. Any such purchases will also be paid via the payment platform and are subject to the Terms. We reserve the right to raise or lower the price of our membership fees, Services and other charges, and to create additional tiers or types of membership and Services at any time. We do not offer refunds for any reason other than as set forth in the Terms. Unused Experiences and Credits included in monthly membership or purchases will not be refunded upon the expiration or termination of a user’s membership.
Use of Credits
“Credits” refer to virtual units that Users can purchase or receive as part of their subscription plan. Each month, the User will receive Credits on their Les Amis User account (“Credit Renewal Date”), which can be utilized to book Experiences offered through the Website and/or the App. Users have the flexibility to allocate their Credits across the range of available Experiences as per their preference.
Each Experience offered on the Website and/or the App may have a different Credit cost, determined by various factors such as duration, complexity, and demand. Availability of a particular Experience is not guaranteed and is subject to change based on popularity, scheduling constraints, and other factors. The Company does not guarantee the availability of any specific Experience at any given time. Users acknowledge that certain Experiences may be subject to limited availability or may require booking well in advance due to high demand. The Company reserves the right to modify the Credit cost of Experiences and their availability at any time, with or without prior notice to users.
Credits expire at the end of each Credit Cycle (defined below) on the Credit Renewal Date. Credit Cycle starts on the same date as the Subscription Cycle, and is one month in length. For example, if you purchase your Les Amis subscription on March 3, and your Membership Interval is 3 months, your Payment Method will be billed on June 3, but your next Credit Cycle will start on April 3.
Unused credits from the current Credit Cycle roll over to future months according to the rollover policies that can be found here. Your account settings display the Credit Renewal Date which is when the next Credit Cycle will begin. Upon cancellation or termination of your membership, any remaining credits will immediately expire, with no refunds or compensation provided for unused Credits or Experiences. Upon automatic renewal of your subscription for the next month, you will receive your new credit allocation. The number of credits required to book an Experience varies based on factors such as Host’s requirements, time of day, equipment usage, location, pricing, popularity, and Host’s discretion. For illustration purposes, in the event that the User does not book any Experiences or spend Credits in any other way during a particular month, and the rollover policy of 3 months, the unused credits will carry over to the following month. Credits will continue to accumulate and carry over for up to three consecutive months. After this period, any remaining credits exceeding the three-month threshold will be forfeited. The maximum credit balance that can be carried over to the next month is two months' worth of credits. It is the user's responsibility to ensure that they utilize their event credits within the specified time frame to avoid forfeiture of accumulated credits.
Credits hold no cash value outside the Website and/or the App and are non-redeemable for cash or any other consideration. They do not function as stored value facilities. Transfer, trade, gifting, or exchange of the credits is prohibited.
The Company reserves the right to adjust credit allocation, including per cycle, plan, or geographic location, as well as the number of reservations and cancellations permitted, with prior notification to users. Users may contact customer support for any inquiries or clarification regarding their credits and the accumulation policy.
Users have the option to purchase credits ("Additional Credits") separately from the membership fee in order to purchase access to Experiences or other Services. These credits are distinct from those granted to Users who have paid the membership fee. Such credits can be purchased and used outside of the Membership agreement to book Experiences without having an ongoing Membership (“Non-member Experiences”). It is important to note that purchasing Additional Credits or booking Non-member Experiences constitute a separate transaction, independent of any membership benefits or privileges.
By purchasing credits to be used for Non-member Experiences, users acknowledge that these credits are exclusively intended for Experience participation and do not grant access to membership-related benefits.
By registering on the Website and/or the App you acknowledge that you are of legal age, have the necessary legal capacity to decide and bind yourself through an agreement and use the Website and/or the App in accordance with these Terms, which you understand and acknowledge in full. You as a User shall be responsible for safeguarding any passwords in order to enter the Website and/or the App and guarantee that no unauthorised third parties shall gain access to the password. The Company shall not be liable for data loss or account breaches resulting from your failure to adhere to standard security practices. The User assumes full responsibility for the content they publish, their personal data, and any actions taken under their account, even if such actions are executed without their knowledge by individuals with access to their account. The Company retains the unilateral right, at its discretion and without prior notice, to deny the User access to the Platform, remove User-uploaded content (partially or entirely), and take other actions.
By registering on the Website and/or the App you will be fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Les Amis of any unauthorized use of your password or account or any other breach of security, (b) keep your information current and accurate at all times, and (c) ensure that you exit from your account at the end of each session when accessing the Services. In addition to the disclaimers and limitations set forth below, Les Amis will not be liable for any loss, injury or other damage arising from your failure to comply with this Section.
The contract for the use of the Website and/or the App is concluded for an indefinite period of time and you may terminate it at any time (by unsubscribing from our Website and/or the App, deleting the User account or requesting to withdraw the consent for using the personal data).
The Company may block access to the Website and/or the App in case of violation of these Terms, suspected fraud and violation of any other obligations, which become known to the Company.
Registration on the Website and/or the App through automated methods, such as robots ("bots"), or any other automatic means is prohibited.
Using the Service
Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection and/or devices are aware of these Terms and that they comply with them.
It shall be the User’s responsibility to attend the event related to the Experience. If the User is traveling for the Experience from abroad, the User shall be responsible for the necessary travel documentation and compliance with entry and health requirements whether applicable.
Users are responsible for monitoring event updates and notifications provided by Les Amis and/or the Host (if applicable) regarding any cancellations or changes to scheduled Experience.
Using the App requires that you initially download software to your computer, phone, tablet, or other device. The Company reserves the right to issue updates to the App, which may augment, modify, add, or remove functionalities. These updates occur automatically without prior notice and these Terms and our policies will apply to any updates.
The Company also maintains the right to change the services offered and their pricing at any time and at its sole discretion, without prior notice.
Terms and Termination
These Terms remain in full force and effect while you use the Website and/or the App, and the Services or have a Les Amis account. You may terminate your account at any time, for any reason, by sending a message to [email protected]. Likewise, Les Amis may, in its sole discretion, suspend or terminate your account or your access to any part of the Website and/or the App or the Services without notice, and remove and discard any content within the Website and/or the App, for no reason or for any reason whatsoever, including, without limitation, (i) for lack of use, (ii) if Les Amis believes in its sole discretion that you may have breached these Terms or otherwise failed to uphold its membership ideals, (iii) for any other reason as Les Amis may determine from time to time, including terminations in connection periodic membership reviews and membership count adjustments. If you violate any portion of these Terms, your permission to access and use the Website and/or the App may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all legal remedies for any such violation.
Les Amis may also, in its sole discretion and without notice, discontinue providing the Services or any part thereof. You agree that any termination of your account or access to the Services under any provision of these Terms may be effected at any time without prior notice, and you acknowledge and agree that upon such termination Les Amis may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. The same discretion may be used to prohibit your access to the Experiences. Further, you agree that payment of all membership fees is final and non-refundable.
If we suspend or terminate your rights to use the Website and/or the App and the Services: you must stop all activities authorised by these Terms, including your use of the Website and/or the App (and any Content), Experiences and any other parts of the Services.
Les Amis will not provide any refunds for prepaid membership or the Experience fees or unused Experiences or Credits that are a part of the membership fee. Les Amis will not be liable to you or any third party in connection with any such termination. By using the Website and/or the App you acknowledge and agree that certain features, products, events, and other aspects of the Website and/or the App, and, more generally, the Services, are not available to all Users. By way of example, use of the Website and/or the App is only available to members, but certain aspects of the Services, such as those related to events, may be available to non-members. Further, certain features and updates within the Website and/or the App are frequently beta-tested among a small portion of our Users and other more permanent features are made available only to certain segments of our Users based on their location, preferences, use of the Website and/or the App, and other factors.
At our sole discretion, you may be eligible for the refund of an Experience that is paid for separately from your membership fee, should you notify Les Amis team about the termination at [email protected] (official email address) in ample time (at least 72 hours in advance of the Experience).
Commercial Use
The Website and the App are intended for your personal use exclusively, and they may not be employed for any business-related activities under any circumstances. This includes an explicit prohibition on the resale of the Services for commercial purposes. Therefore, any utilization of the Website and/or the App that extends beyond your personal, private use or serves commercial or business objectives, whether on behalf of individuals associated with you or third parties, is strictly forbidden. Users may not use any information obtained from the Website and/or the App to contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent. Legal entities and/or businesses may not use the Website and/or the App for any purpose except with Les Amis express consent, which consent may be withheld at our sole discretion.
Experiences, Meetings, User Interaction
After we receive a membership fee from you or after the purchase of credits to participate in Non-member Experiences, you will be permitted to choose and attend an Experience according to your membership tier or the list of available Non-member Experiences. When you have made a book an Experience, Les Amis team will review all applications for the applicable Experience and will select which of the Users will be entitled to participate in the Experience. Les Amis shall have full discretion over the selection of Users including the overall number of accepted Users. We do not guarantee that you will be selected for any given Experience.
We, or an organiser of the Experience ("Host"), may require additional verifications or other information from you prior to selecting you to participate in the Experience. If any information you provide is incomplete or inaccurate, you may not be able to participate in the Experience. Search for the appropriate Experience is carried out by the User. The Company doesn't make any promises or representations regarding the Experience. Making the right choice(s) is entirely the User’s responsibility. When concluding the contract for the purchase of the access to the Experience, we may act as the commercial agent of the Host. It is imperative to understand that when procuring access to the Experience, you are not directly purchasing them from the Company but from the Host. These external Hosts serve as the actual providers of access to the Experience you acquire.
When attending an Experience, you must act with respect towards other Users. In particular, you must not do anything that is not permitted under applicable local, national or international law or regulation; act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; harm or attempt to harm any User, or any other adult, child, or animal, in any way; or bully, insult, intimidate or humiliate any User or other person.
We reserve the right to limit, change or cancel any Experience where we have a reason for doing so, at our sole and absolute discretion, even after you have booked an access to the Experience or attempted to redeem your Experience. If this happens, we will do our best to notify you in advance via our official channels (Instagram or email) if it is possible for us to do so. If we cannot notify you in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter.
In our role as an intermediary, we exert diligent efforts to ensure the accuracy of information and the transparency of pricing, which includes specifying costs on a per-ticket and per-person basis. This encompasses applicable taxes. However, it is essential to note that certain Hosts may levy local taxes, which, regretfully, we cannot administer on their behalf.
Please be aware that cancellations of access to the Experience are only possible when explicitly mentioned in the Experience description. Regrettably, certain Hosts do not permit changes or cancellations after your purchase, and in such cases, we are unable to intervene.
In the event that Experience is cancelled by the Host, Les Amis assumes no additional responsibilities beyond facilitating the refund process. Users will receive a full refund for any bookings made for the cancelled Experience. Les Amis will promptly initiate the refund process and reimburse users with Credits or through the original Payment Method used for the purchase of the access to the Experience.
It's important to note that we cannot guarantee refunds from the Hosts in cases where you are dissatisfied with your purchase, or if you've made a booking for the wrong Experience. European consumer laws grant specific rights, including a legal reflection and withdrawal period for certain online purchases. However, these rights do not extend to leisure services scheduled for a particular date or period, and this exception may apply to certain Experiences. While our Terms largely cover those of the Hosts, it is important to acknowledge that additional terms and conditions may also apply. By accepting our Terms, you also agree to these supplementary terms and conditions including whether applicable terms and conditions of the Hosts.
Occasionally, certain Hosts and/or venues may have specific requirements such as arrival times, dress codes, insurance coverage, or valid identification. These requirements are generally logical and can be easily understood. We make a point to highlight the most significant ones on the Website and/or the App, in the emails you receive.
In certain situations the User has the option to direct the Company to act as their agent, at the User's expense, for the acquisition of access to the Experience. The Company does not procure access to the Experience in advance and exclusively takes action to fulfil the User's booking once the User's funds for this purpose have been received. The expenses associated with the Company's execution of this booking, encompassing access to the Experience costs, will be itemized within the User's order on the Website and/or the App unless alternative arrangements have been agreed upon.
Uploading and Using Content
The following are types of content you will encounter through your use of the Website and/or the App: “Les Amis Content” means any content published or made available by us through the Website and/or the App (as well as any emails, chats, our notifications, and any other channels); and “User Content” means content provided by Users of the Service, including, but not limited to, messages, comments, videos, music, photographs, or text, whether provided, publicly posted or privately transmitted by the Users.
Les Amis Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the Service in accordance with these Terms.
We are the owner or licensee of all intellectual property rights in the Les Amis Content and the Website and/or the App. You have no intellectual property rights in, or to, the Les Amis Content and the Website and/or the App other than the right to use them in accordance with these Terms. We may update our Website and/or the App and the Les Amis Content from time to time. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Website and/or the App. The Company grants you a limited, nonexclusive, non-transferable licence, subject to these Terms, to access and use the Website and/or the App as well as Les Amis Content, and any materials, information, and functionality available in connection therewith solely for information or and the provision of the Services as expressly permitted by the Company from time to time.
Any other use of the Website, the App or the Content is expressly prohibited. You will not copy, transmit, distribute, sell, resell, licence, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website, the App or the Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.
All User Content on the Website and/or the App is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.
The User acknowledges and agrees that Les Amis, in performing the required steps to provide the Services to the User, may (i) transmit or distribute the User Content over various public networks and in various media; and (ii) make such changes to User Content as are necessary to provide the Services. Les Amis reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content from the Website and/or the App.
You are solely responsible for the User Content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Website and/or the App or transmit to other users. You may not post as part of the Website and/or the App, or transmit to the Company or any other user (either on or off the Website and/or the App), any offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, exploitive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your account on Social Networking Services, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Website and/or the App and grant the licenses set forth below. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Website and/or the App.
The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates these Terms or may harm the reputation of the Website and/or the App or the Company. By posting Content as part of the Service, you grant to Les Amis worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Website and/or the App and terminating or suspending the account of such violators.
Your use of the Website and/or the App, including all Content you post through the Website and/or the App, must comply with all applicable laws and regulations. You agree that the Company 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; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website and/or the App in the future; or (v) protect the rights, property or personal safety of the Company or any other person. You agree that any Content you place on the Website and/or the App may be viewed by other users and may be viewed by any person visiting the Website and/or the App or purchasing the Services (such as individuals who may receive shared Content from other Les Amis users). You further grant us and our affiliates, agents, service providers, partners and other associated third parties a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content.
Should any User Content infringe the intellectual property rights of a third party, the User agrees to immediately remove all infringing parts of the User Content and indemnify Les Amis for all damages, costs, and expenses incurred as a result of such infringement. Should Les Amis be made aware or suspect that the User Content infringes any third party's intellectual property rights, Les Amis shall have the right to remove from the Website and/or the App such User Content.
You will not, nor will you authorise or encourage any third party to (i) use the Website and/or the App to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Company; (ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Website and/or the App.
If you violate any portion of these Terms, your permission to access and use the Website or the App may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all legal remedies for any such violation.
The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of any user feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
User Authorization
Users authorize Les Amis to use any photographic image and/or video footage that portrays them if carried out in the context of an Experience, without prejudice to the right to revoke this authorization by means of written communication.
The Users also irrevocably authorize Les Amis to use all the Contents and every part or element thereof, without any restriction, worldwide, in perpetuity and in any case for the entire duration of the legal protection as sanctioned in every country in the world.
By way of example but not limited to, the aforementioned authorization also includes the right to: publish, disseminate, communicate to the public and make it available to the public so that everyone can have access to it at the time and place chosen individually, in whole or in part, with any means and/or technology and with any modality (including interactive), currently known and/or developed in the future, the Contents through the Website and/or the App or any other Les Amis public channel (for example, Instagram); for the purposes of the above, reproduce and modify the Contents in any way or form to comply with the technological constraints imposed by the operating methods of the chosen distribution channel, the Website and/or the App. The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form and manner.
Payments and Taxes
The User’s payment of the membership fee or for the selected Experience means a complete and unconditional agreement with the total cost of the membership fee and/or Experience.
Payment is made online through the payment system. Payment is possible using all available payment methods provided by the payment system. If applicable, the Company (as an agent) is entitled to receive the invoiced amounts in the name of and on behalf of the Hosts, unless otherwise expressly stated in the invoices.
Please note the terms and conditions of your payment services provider may apply and you shall be responsible for any fees charged by such a payment services provider.
All expenses (including taxes) related to the use of the Website and/or the App are to be borne by the User independently.
In the event of a payment processing error, it's important to understand that various factors may contribute to this issue. These factors can include the Company, our payment provider, the Hosts, or even your bank or credit card provider. Please note that a failed payment results in the absence of a binding agreement between you and the Company and/or the Host. Rest assured, we will promptly notify you of the payment status for your awareness.
All prices which are mentioned on our Website and/or the App include VAT (if applicable at all). Note that specific VAT rules may apply to the Experiences. This means that the amount of VAT (if any) included in the price depends on the destination of the event as well as the Host’s VAT status.
It is also possible that additional local taxes (e.g. local tax) are levied locally. We have no influence on this. The payments by the Users shall include all of the taxes applicable in respect of the Ticket in the jurisdiction of the supplier.
Prohibited Activities
The Company reserves the right to investigate, suspend or terminate your account if you misuse the Service or act in a way the Company regards as inappropriate, improper, unlawful, or not in conformance with the values and mission of the Company, including actions or communications that occur outside of the Website and/or the App. Such inappropriate, improper and unlawful behavior includes, but is not limited to: (i) emailing or otherwise uploading any Content prohibited by these Terms; (ii) interfering with or disrupting the Website and/or the App or servers or networks connected to the Website and/or the App, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website and/or the App; (iii) violating any applicable local, state, national or international law, or any regulations having the force of law; (iv) harassing, intimidating, abusing, bullying, exploiting, threatening, or stalking others; (vi) disclosing the identity of any user; (vii) taking screenshots or otherwise copying, disclosing or sharing content from the app; (viii) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (ix) soliciting personal information from anyone under the age of 18; (x) soliciting payment from any user; (xi) harvesting or collecting email addresses or other contact information of other users from the Website and/or the App by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications, distribution of or invitation into Facebook, Telegram, WhatsApp, or any other external groups or platforms for the purpose of messaging other users outside of the platform, selling goods or services, discussing Experiences or Les Amis-related matters; (xii) promoting, marketing, advertising or offering to sell or buy any goods or services for any business purpose that is not specifically authorized; (xiii) interacting with others in an aggressive, disrespectful, distasteful or otherwise improper way, as determined in Les Amis’s sole discretion, (xiv) making any statement, whether by posting of content or otherwise, that is hate speech, threatening, racist, pornographic, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper in Les Amis’s sole discretion; (xiv) furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; (xv) obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website and/or the App; (xvi) misrepresenting your identity, status, qualifications or affiliations; (xvii) disclosing information that you do not have the right to disclose; (xviii) harvesting Users from the Website and/or the App into external communication channels or platforms, including but not limited to Facebook, Telegram, and WhatsApp groups.
You also agree that you will not: make the Website and/or the App or any Content available in any form, in whole or in part, to any other person without prior written consent from us; make commercial use of the Website and/or the App or any Les Amis Content or content from other users of Service; remove, hide, or change any copyright, patent, trade mark or other proprietary rights notices affixed to the Website and/or the App or any Les Amis Content or content from other users of Les Amis Service; copy the Website and/or the App or any Les Amis Content or content from other users of the Website and/or the App, except as part of the normal use of the Website and/or the App or where it is necessary (and permitted by law) for the purpose of back-up or operational security; translate, merge, adapt, vary, alter, or modify, the whole or any part of the Website and/or the App, nor permit the Website and/or the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Website and/or the App as permitted in these Terms; disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website and/or the App nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the Website and/or the App, or integrate the Website and/or the App with other computer systems or programs, except to the extent that such actions cannot be prohibited by applicable law.
It is prohibited to insult users of the Website and/or the App in any form. It is forbidden to display any rudeness, personal insults and obscene statements towards other users, harming their reputation, degrading their honour and dignity, including public clarification of personal relationships, both in private messages on the Website and/or the App and in reviews of the Experiences (if any) the Users must maintain a respectful form of communication.
It is forbidden to show racial, ethnic and religious hostility, campaign for political parties, promote terrorism, extremism, drugs, religions and other topics that are incompatible with the generally accepted laws of morality and decency.
Threats of any nature (real, virtual and other threats against the Users) are prohibited.
We also condemn any actions of Hosts to create offers of services that imitate or copy previously created Experiences by anyone without the appropriate permission of the copyright holder.
The use of scripts, partially automated programs, or any other methods to gain an advantage in the purchasing process is strictly prohibited and may result in the User's account being permanently blocked.
Third Party Material and Websites
Under no circumstances will Les Amis be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted in the Website and/or the App or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Les Amis does not pre-screen content, but that Les Amis and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website and/or the App. Without limiting the foregoing, Les Amis and its designees will have the right to remove any content that violates these Terms or is deemed by Les Amis, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third Party Websites. The Service may provide, or third parties may provide, links or access to other sites and resources on the Internet. Les Amis has no control over such sites and resources and Les Amis is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Les Amis will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. You acknowledge that using such third-party content is at your own risk. Any dealings you have with third parties found while using the Website and/or the App are between you and the third party, and you agree that Les Amis is not liable for any loss or claim that you may have against any such third party. Les Amis is also not responsible for the privacy policies or practices adopted on other websites. When a User of Les Amis clicks on a link that directs to another site or app, the User is responsible for reading the privacy policies of that site or app.
Social Networking Services
Under no circumstances will Les Amis be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted in the Website and/or the App or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge that Les Amis does not pre-screen content, but that Les Amis and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website and/or the App. Without limiting the foregoing, Les Amis and its designees will have the right to remove any content that violates these Terms or is deemed by Les Amis, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third Party Websites
The Website and/or the App may provide, or third parties may provide, links or access to other sites and online resources. Les Amis has no control over such sites and resources and Les Amis is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Les Amis will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Website and/or the App are between you and the third party, and you agree that Les Amis is not liable for any loss or claim that you may have against any such third party.
Disclaimers
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES CONTEMPLATED BY THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The Website and/or the App are provided “as is,” without warranty of any kind, either express or implied. The Company does not warrant that (i) the Website and/or the App will meet all of the User's requirements or that the performance of the Website and/or the App will be uninterrupted, virus-free, secure, or error-free, or (ii) the content of the Website and/or the App will be complete, accurate, or free from technical defects or changes by unauthorised third parties. To the full extent possible under the applicable laws, the Company shall not be liable for the accuracy or completeness of customer-related data or data regarding the Experiences.
Please note, although we provide the Services so that individuals may connect via Experiences or via other parts of the Services, we are not responsible for the Experiences themselves, or any other arrangements with other Users of the Services, and any consequences of attending an Experiences arranged through the Services, or connecting with other Users online or in-person.
We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content, the Website and/or the App or any other parts of Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgment and caution when acting on the information available through the Website and/or the App. We also do not assume any liability arising from the cancellation of an Experience.
We do not guarantee that our Services will always be available or be uninterrupted.
All content on the Website and/or the App is not intended to amount to any advice on which you should rely. However, where we provide any services to you, we will always do this with reasonable skill and care.
Although we use our reasonable efforts to update the Service, Les Amis Content and the Website and/or the App as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the Website and/or the App are accurate, complete, and up-to-date, or to the suitability of the Website and/or the App or the Content for you.
You are responsible for the information you share with other Users when you disclose information on the Website and/or the App or any other part of the Service (including, but not limited to Service Social Network official pages). We are not responsible for the conduct of any User of the Website and/or the App. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Website and/or the App or participate in an Experience as an attendee.
THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR YOUR EXPERIENCE AT ANY IN-PERSON MEETING, EVENT OR VENUE YOU ARE INVITED TO OR OTHERWISE ATTEND THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS THROUGH THE SERVICE – THIS INCLUDES, BUT IS NOT LIMITED TO, INTERACTIONS THROUGH THE WEBSITE AND/OR THE APP, IN-PERSON INTERACTIONS WITH THOSE YOU MEET THROUGH THE SERVICE, AND YOUR ATTENDANCE AT ANY EVENT OR VENUE PROMOTED, HOSTED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. You understand and acknowledge that the Company does not conduct criminal background checks on its users or verify statements made by its users. The Company makes no representations or warranties as to the conduct, background or fitness of its users or their compatibility with any current or future users.
YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND IN ATTENDING ANY EVENT, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO DISCLOSE YOUR LOCATION, PROVIDE PERSONAL INFORMATION, CONTACT INFORMATION OR MONEY TO ANOTHER USER.
WE DO NOT ASSUME ANY LIABILITY FOR ANY OUTCOME OF ANY INTERACTION (ONLINE OR OFFLINE) RESULTING FROM THE CONTENT OR APP (INCLUDING ANY RESULTING HEALTH ISSUES, PHYSICAL OR MENTAL HARM, ACCIDENT, OR INJURY THAT YOU MAY SUFFER). YOU ARE ADVISED TO EXERCISE GOOD JUDGMENT AND CAUTION WHEN ACTING ON THE INFORMATION AVAILABLE THROUGH THE WEBSITE AND/OR THE APP.
To the extent you are aware of suspicious, fraudulent behaviour, please immediately report it to [email protected]. You should block and report anyone that violates these Terms, including (a) underage users, (b) harassment, threats, and offensive behaviour, (c) inappropriate or harmful behaviour of any kind, (d) fraudulent profiles, or (e) Experiences not conducted in accordance with these Terms or applicable law.
Les Amis shall not be held liable for any damages, losses, or inconveniences incurred by users as a result of the Experience cancellations. This includes, but is not limited to, travel expenses, accommodation costs, or any other expenses incurred in relation to the cancelled Experience. Users acknowledge and agree that Les Amis' sole obligation in the event of cancellation of the Experience by the Host is to facilitate the refund of any fees or credits for the cancelled Experience.
Healthcare crises and lockdown situations
Your safety is paramount to us, which is why we continually evaluate and update our health & safety practices. Our healthcare crises or lockdown situations policies ensure the safety of our members, staff, and local communities, and reflect the latest safety developments and industry best practices.
You must comply with all applicable government and Les Amis guidance and restrictions when attending an Experience. We might decide to include requirements in addition to government guidance, including but not limited to applying during Experiences. Failure to comply with these guidelines may result in denial of access to the Experiences at the discretion of Les Amis or Hosts.
Should Les Amis become aware that an individual has provided false information regarding their vaccination status, health tests, or any other required details, immediate removal from the corresponding Experience will occur, with the individual's membership revoked without refund.
You must not attend an Experience if you or a member of your household develop symptoms of any virus with high risks for public health care (for example, Coronavirus) in the 14 days before your Experience. You should also not attend an Experience if you were in close contact with a person diagnosed with any virus with high risks for public health care in the last 7 days. If this happens please contact Les Amis as you may need to cancel or postpone the Experience.
We provide a platform that facilitates individuals connecting online and in person. We are not responsible, and accept no liability, for anyone’s (including Users’ and Hosts’) compliance with the relevant guidance, or any consequences of your attending an Experience (including any resulting health issues).
You are solely responsible for your own health and safety and your behaviour whilst attending an Experience. Only you can decide whether or not it is safe and sensible for you to attend an Experience or engage with other Users in any other manner.
Limitations of Liability; General Disclaimer
You acknowledge and agree that neither the Company nor its officers, directors, employees, agents or affiliates are responsible for, and shall under no circumstances have, any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) the conduct, whether online or in-person, through the Service or otherwise, of any user; (ii) your attendance at any Experience, event or venue posted, advertised, promoted made available to you through the Service, (iii) the content posted in the Service, whether posted by users or caused by any of the equipment or programming associated with or utilized in the Service; (iv) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (v) termination or discontinuation of the Service; (vi) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (vii) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW WE MAKE NO WARRANTIES AS TO OUR APP OR CONTENT. YOU AGREE THAT OUR WEBSITE AND/OR THE APP AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE AND/OR THE APP OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE AND/OR THE APP, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE AND/OR THE APP OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Any material downloaded or otherwise obtained through the use of the Website and/or the App is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Website and/or the App.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY 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.
To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, the Company shall not be held liable for any indirect loss or indirect damage, inaccurate information about the Experience, action of a Host, business partner, mistake in an email address, force majeure, or events beyond our control. To the extent permitted by law, the most that the Company, or any Host (if applicable), shall be liable for (whether for one event or a series of connected events) is the cost of the purchased Services and/or the Experience.
TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT ASSUME LIABILITY FOR ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION, OR ISSUE, OR OTHERWISE, DUE TO ANY ACT OR DEFAULT OF ANYONE OR ANY BUSINESS, WHETHER OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE, AFFILIATED WITH US. WE DO NOT ASSUME LIABILITY FOR ANY OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE WHO IS ENGAGED WITH THE WEBSITE AND/OR THE APP OR ITS CONTENT, OR IN ANY WAY OR IN ANY LOCATION. IN THE EVENT THAT YOU USE OUR SERVICES AND CONTENT OR ANY OTHER INFORMATION PROVIDED BY US OR AFFILIATED WITH US, WE ASSUME NO RESPONSIBILITY.
If you are in breach of these Terms, to the extent permitted by law we shall not be liable for any costs incurred by you as a result, and you shall not be entitled to any refund.
Our Losses
You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
To the fullest extent permitted by law, you agree at all times to defend, indemnify and hold us harmless, as well as any of our affiliates, agents, contractors, officers, shareholders, directors, users, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of the App or your breach of any obligation, warranty, representation or covenant set forth in these Terms.
To the fullest extent permitted by law in no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on the Website and/or the App, and the Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Release
To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Website and/or the App and the Service; (ii) disputes between Users, including those between you and other Users; (iii) User Content or Third Party Content; (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content.
If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Company, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the App, the Website, the Service and the Content; (b) your violation of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.
Viruses, Hacking and Other Offenses
We do not guarantee that the Website, the App or the Content will be secure or free from bugs or viruses.
You are responsible for configuring your information devices, technology, computer programs and platform in order to access the Website, the App and the Content. You should use your own virus protection software to protect these.
You must not misuse the Website and/or the App by knowingly introducing anything that may cause issues including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Website and/or the App, the server on which our Website and/or the App is stored, or any device, server, computer, or database connected to the Website and/or the App. You must not attack our App via a denial-of-service attack or a distributed denial-of-service attack.
Any failure to comply with this provision could cause you to commit a criminal offence. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the Website, the App and the Content will cease immediately.
Statute of Limitations
To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Platform, these Terms and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Other Important Terms
Assignment. We can assign, transfer or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
Third party rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.
Third party rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.These Terms together with the Privacy Policy, comprise the entire agreement between you and the Company regarding the use of the Service. If any provision of these Terms are held invalid, the remainder hereof shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that your Les Amis account is non-transferable and all of your rights to your profile or contents within your Les Amis account terminate upon your death or termination from the Service. No agency, partnership, joint venture or employment is created as a result of these Terms and you may not make any representations or bind the Company in any manner.
Confidentiality of the transmission of the information over the Internet. The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, the Company does not assume any liability for any loss or damage, or costs incurred, as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website and/or the App or email with the Company containing your personal information. While the Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to the Company and will treat such information in accordance with the Company's Privacy Policy, in no event will the information you provide to the Company be deemed confidential, create any fiduciary obligations for the Company, or result in any liability for the Company in the event that such information is accessed by third parties without the Company's consent.
The Company may disclose to third parties the fact that you are a client of the Company and the general nature of the services in which the Company has assisted you. Additional information on the services supplied to you may be disclosed by the Company without your consent if such information has entered the public domain before disclosure by the Company.
Applicable Law and Jurisdiction. You understand and accept that the relationship between you and the Company shall be governed in all respects by the laws of the Republic of Estonia without regard to its conflict of law provisions.
If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Any disputes arising out of these Terms shall be settled in Harju County Court pursuant to the laws of the Republic of Estonia.
Any dispute arising out of or related to these Terms is personal to you and you hereby agree that such dispute will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.
No waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Contact us. You agree and acknowledge that all agreements, notices, disclosures and other communications that the Company provides pursuant to these Terms, may be provided in electronic form.
If you have any questions or concerns regarding these Terms, you may contact us by email at [email protected]