I. Updates to these Terms
We reserve the right, in our sole discretion, to modify these Terms from time to time. You agree that we may post notification of the updated terms on the Platform and there aware that your continued sign into the Platform after the notice was posted, constitute your agreement to the new terms. Hence, you should review the posted terms at any time you access the Platform. Any modified Term shall supersede the prior version for all activity taking place after the notice has been posted.
II. Avalica Pass
The platform and Content require annual subscription ("PASS") and payment. Therefore, you agree to the applicable pricing and payment terms. The terms will be posted at the checkout during processing of the transaction. Avalica may update pricing and payment terms at any time and in its own discretion, with any changes to the terms becoming effective upon the expiration of the current subscription term unless otherwise stipulated. All payment transactions are handled by a third-party payment processor or third-party store such as, Google Play. Avalica expressly disclaims any liability for the processing of any transactions by the third party, including any breach in security with respect to your payment information associated with the handling of the transaction by the payment processor. Avalica shall not assume any responsibility or liability for any credit card, bank, and other financial service charges and fees related to your transaction. You represent and warrant that all payment information you provide for the transaction is valid, accurate and verifiable. You agree to assume responsibility for all transaction charges (including any applicable taxes) charged to the payment method you presented at checkout. We reserve the right to deny or cancel transactions, for reasons of fraud or misrepresentation. All purchases are final, and no refunds or cancellations are available unless otherwise specified in applicable additional Terms, including in the case of Pass revocation or suspension which prevents your privileges associated with the Pass, such as any unused portion of the subscription terms. Pass has no monetary value and is a purchased token of only a limited, personal, non-transferable, non-exclusive, non-tangible and fully revocable privilege to access the Platform. Unless otherwise stipulated at the initial transaction, subscriptions shall renew automatically at the initial subscription term at a rate not exceeding the rate for the prior subscription period. You may cancel any automatically renewing subscription by visiting the Pass dashboard and use the cancel button to disable future renewal.
III. Your Compliance
IV. Your Consent
V. The Avalica Platform
Avalica grants a non-exclusive, non-transferable and limited rights to a non-refundable Pass holder the access to view, and engage the Platform for personal, educational, non-commercial use only as provided by these Terms and as expressly permitted by the features and functionality of the Platform, subject to complete compliance with these Terms of Service.
A Pass Subscriber is hereby granted privileges to access the Platform with a sole purpose to view, listen, stream, including video, audio, graphics, images, comics, and text ("Content") with a connected device, if the subscriber does not copy or post the Content on any network computer or broadcast the Content in any media. Prior permission must be obtained for any other utilization of the Platform and/or Content on the Platform.
The Platform and Content are protected under copyrights, trademarks, service marks and applicable intellectual property laws, including without limitation the laws of the United States and other countries.
Any unauthorized use of the Platform and/or Content, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Avalica reserves the right to fully prosecute such violations and fully enforce its rights of the law, including seeking both civil and criminal penalties. Violation of this Agreement in any manner automatically terminates the privileges granted to Subscriber herein and obligates you to cease all engagement with the Platform.
Any privilege to access the Platform granted by Avalica is restricted to viewing, listening, streaming for personal, non-commercial use only, unless otherwise specified.
Except as expressly, provided herein, Avalica does not grant Subscriber any other express or implied right on the Platform or to the Content and all right, title, and interest that Avalica has in the Platform and Content are retained by Avalica, including the right to modify, discontinue, or temporarily suspend any or all of the Platform at any time, with or without notice.
Under no event and under no legal theory, tort, contract, strict, liability, or otherwise, shall Avalica be liable to Pass holder or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the Pass.
VI. Pass Subscriber
- You are required and payment is needed to get an annual subscriber pass ("Pass") in order to access the Platform. A Pass subscription to access the Platform is attached to a person who purchased it and therefore responsible for any breach of this Agreement. You acknowledge and agree that you have no ownership or other proprietary interest in any Pass. You agree that all of the details you provide during the transaction at checkout of the Pass are accurate representation of yourself and not about another individual or entity (real or fictitious), and that such representation will be maintained by you as valid, accurate and up to date.
- You hereby agree that Avalica has the right, in our sole discretion, to investigate any incident report of violation of these Terms and to revoke your Pass and deny privileges to access the Platform and Content for any reason, not excluding the information of the transaction was not verifiable or false representation, or that you have otherwise in violation of this Agreement or any applicable law. You agree that Avalica may report your misrepresentation, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal remedy against you, respond to legal inquiries or other requests for information regarding your Pass. We reserve the right to protect the use of the Platform and our interests. BY CONTINUING WITH THE CHECKOUT, YOU WAIVE ANY CLAIMS THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY AVALICA IN THE COURSE OF THE INVESTIGATION TO REMEDY INCIDENT.
- You shall not use a Pass that you did not pay for or allow another to use your Pass at any time. You are responsible for all activity that take place with your Pass, including all participation that occur through the use of your Pass. You are responsible to maintain the confidentiality of your Pass credentials and agree not to disclose the login information to anyone. You also agree not to transfer, resell, or otherwise lend your Pass or the privilege to use your Pass to anyone. You agree Avalica shall not be liable for any loss you may incur as a result of another entity using your Pass, either with or without knowledge. You agree that any information you provide is at your own risk, and Avalica cannot guarantee its security from unauthorized access. If you have any reason to believe your Pass has been breached, you must promptly: (1) change your password; and (2) immediately report your suspicion to us here. Avalica may require you to take additional verification step before each login such as using a temporary code retrieved from email or text message.
VII. Connected Devices
- You are responsible for all charges incurred when you connect to the Platform with any device.
- Avalica may offer a mobile software ("App") for installation on target mobile devices to seamlessly connect with the Platform. Avalica makes no guarantee that this App would be compatible with your device, and you are not authorized to modify, re-distribute or transfer any App. We may from time to time make available updates, hot fixes, bug fixes, or additional changes or enhancements to the App; such updates may be automatic, at your election, or mandatory if you desire to continue using the App, at our discretion. You may not use or otherwise export or re-export the App, or any other software provided as a component of the Platform, except as authorized by United States law and the laws of the jurisdiction in which the software was installed. But without limitation, neither the App, nor any other software, may be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under applicable law or regulation. If you download or use any software, you represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
VIII. Virtual Items
The Platform offers digital tokens and items (collectively, "Virtual Items") for purchase. The Virtual Items shall be used exclusively within the Platform. You may receive only a limited, personal, non-transferable, non-exclusive, non-tangible and fully revocable privilege to use the Virtual Items within the Platform and as governed by these Terms. You have no right, ownership, or interest in or to any Virtual Items. Virtual Items have no monetary value and therefore not redeemable for anything.
You shall receive no compensation for any Virtual Items you lost access to if the privilege to your Pass is disabled, suspended, or otherwise inactive. Avalica has the absolute right to manage, maintain, regulate, modify, control, or remove Virtual Items as is deemed necessary, and Avalica shall not be liable to you or anyone else for the exercise of such rights. Virtual Items may be immediately inaccessible to you if your Pass fails to renew and the subscription status becomes inactive due to expired payment method, cancellation, or otherwise non-payment renew Pass.
All purchases of Virtual Items at Checkout are final and governed by the terms of Section 2 (Pass Subscription); by indicating your consent to purchase a pass to any Virtual Items through the Platform, including by submitting the "Place order" button, you affirm that you agree to process the transaction to the payment method you provided and therefore lose any rights to order cancellation under any applicable law. Any unauthorized transaction outside the Checkout by you of any Virtual Items to anyone, including other subscribers of the Platform, is an abuse and strictly prohibited. Avalica shall take action it deems necessary in response, including suspending or deactivating the Pass involved. You do hereby acknowledge and agree Avalica has no liability for the use or loss of Virtual Items whatsoever, including third-party activity, such as hacking, phishing, password mining, social engineering or any other unauthorized activity. Avalica shall replace such lost Virtual Items under certain circumstances, at our own discretion and according to the particular facts of each situation, without assuming any obligation or liability. If your Pass is deactivated, Avalica assumes no liability to you for any money you paid for the Pass or loss of your Pass.
IX. Subscriber Content
Subscribers with Avail may contribute and/or author content to the Platform, such as text in the form of comments and reviews, images, audios, videos, and other information, (commonly, "Avail Content"). An Avail Content belongs to the Avail subscriber and as may be provided in Additional Terms. However, please know that Avail Content is not private and if approved may be accessible for subscription on Avali our marketplace. Moreover, by submitting or uploading Avail Content to the Platform you grant Avalica a perpetual, irrevocable, non-exclusive, unrestricted, unhindered permission to use the Avail Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of Avalica to publish, distribute, display, transmit, communicate to other subscribers. Avalica reserves the right to advertise and promote the actions of the Avail Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise or promote subscription, without notice to, or consent from, you or any other entity, and without compensation or reference to you or any other person. Please keep backup copies of all Avail Content created by you as Avalica is under no obligation to return any Avail Content to you. Your upload and approval of Avail Content shall not be subject to any obligation of confidentiality, compensation, or otherwise. You are simply responsible for your Avail Content.
Avalica does not merely provide the market channel for Avail Content but evaluates such Content for including possibly objectionable or offensive Avail Content through our approval process and hence assumes no liability for any use, or disclosure, or rejection of such Avail Content, to you, any other subscriber, or any third-party entity.
Avalica is under no obligation to approve Avail Content and shall exercise the right to enforce our inherit interest in preserving intellectual property rights in any Avail Content. Avalica reserves the right to discard or remove Avail Content from the Platform in its sole discretion and without any liability whatsoever. Avalica shall exercise the rights to your Avail Content granted herein without any liability to you or any third-party regarding compensation and payment of compensation thereof.
X. Subscriber Obligations
In consideration of the privilege to submit your content as Avail subscriber, you agree that the content, including text, images, audios, and videos (simply, "Content") you provide is an original work by you and does not link to, or embed or contain any third-party resource. You understand and agree that you must always maintain confidentiality of your login information and are completely responsible for all activities on the Platform that occur under your Pass by you or another third-party entity with or without your knowledge. You also agree not to engage in any attempt whatsoever to hinder or interfere with the normal operation of the Platform. You agree not to connect to the Platform using any compromised device with viruses, worms, Trojan horses or similar software designed to corrupt, breach, hack, or make any attempt to tamper, or disrupt the security of the Platform. At no time in your interaction with the Platform will you engage in any nefarious activity to intercept, record or modify network communication that may endanger our Platform or network infrastructure.
XI. Unsolicited Feedback
Although we welcome your feedback using the contact form on the Platform, your feedback for all intents and purposes shall remain the exclusive property of Avalica. Your submission of feedback constitutes your consent to assign to Avalica of all rights, title, and interests in your feedback including any ideas, suggestions and other potential creative thoughts in your feedback. You understand and agree that your feedback does not entitle you to any special relationship between you and Avalica and that we are under no obligation to compensate you in any way, to make use of it wholly or partly, to keep it confidential and due to the foregoing, we implore that you do not share anything you may want to remain confidential and proprietary.
YOUR SUBSCRIPTION TO A PASS TO OBTAIN ACCESS TO THIS PLATFORM IS ALWAYS AT YOUR OWN RISK. AVALICA MAKES NO WARRANTIES OF ANY KIND OR ANY INFERENCES WHATSOEVER IN REGARD TO THIS PLATFORM AND ITS CONTENT THEREOF ARE SUITABLE FOR A PARTICULAR PURPOSE OR OBJECTIVE, EITHER EXPRESS OR IMPLIED, AND AS SURE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED LAW, AVALICA DISCLAIMS ALL AND ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS OR MERCHANTABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. AVALICA DOES NOT WARRANT OR REPRESENT THAT THE PLATFORM AND CONTENT WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR BUG FREE, OR THAT THE SERVERS, OR ANY TRANSMISSION INVOLVING OUR NETWORK WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. AVALICA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR RESULTS OF THE USE OF THE PLATFORM, INFORMATION, APPLICATION, CONTENT, OR OTHER MATERIALS MADE AVAILABLE ON THE PLATFORM, AS REGARDS TO THEIR VALIDITY, ACCURACY, RELIABILITY, OR OTHERWISE. AVALICA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERROR CONTAINED IN THE INFORMATION, CONTENT, SOFTWARE, OR OTHER MATERIALS MADE AVAILABLE ON THE PLATFORM. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF SOME OR ALL OF WARRANTIES, THE ABOVE DISCLAIMER SHALL APPLY TO YOU ONLY TO THE EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW.
XIII. Limitation of Liability
AVALICA, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE SUSTAINED DIRECTLY, INCIDENTALLY, PUNITIVELY, CONSEQUENTIALLY, SPECIALLY, GENERALLY, OR INDIRECTLY WITHOUT LIMITATION, ARISING FROM YOUR UTILIZATION OF THE PLATFORM OR INABILITY TO UTILIZE THEREOF. THIS LIMITATION OF LIABILITY APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER REASON, REGARDLESS OF THE BASIS WHICH LIABILITY IS CLAIMED AND EVEN IF AVALICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY OF THE LIMITATION OF LIABILITY SET FORTH ABOVE FOR ANY REASON IS DISCOVERED TO BE INVALID OR NOT ENFORCEABLE, THEN THE AGGREGATE LIABILITY OF AVALICA TO YOU IN CONNECTION WITH THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO OBTAIN THE PASS OR THIRTY DOLLARS ($30). SOME JURISDICTIONS MAY DISALLOW CERTAIN KINDS OF LIMITATION OR EXCLUSIONS OF LIABILITY, OTHER JURISDICTIONS MAY ALLOW LIMITATIONS AND EXCLUSIONS OF LIABILITY SUBJECT TO CERTAIN CONDITIONS, IN WHICHEVER JURISDICTION, THE LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS OF SERVICE WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHIN SUCH JURISDICTION.
Avalica reserves the right at any time and from periodically to remove, change, suspend or discontinue, temporarily or permanently this Platform or any portion thereof and/or the content, virtual items, available on the Platform with or without notice. You agree that Avalica shall not be liable to you or to any third party for any such changes, removal, suspension or discontinuance of this Platform.
Any delay or failure on our part at any time to enforce any provision of these Terms of Service or to exercise our right provided for herein shall not be considered as a waiver of such provision or such right. Any waiver must be in writing. Unless the waiver document contains an express statement to the contrary, no waiver by Avalica of any breach of any provision of these Terms of Service or of any right provided for herein will be interpreted as a waiver of any continuous or recurring violation of such provision, a release from the provision itself, or a waiver of any right under these Terms of Service.
In the event any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to an applicable law, such provision will be updated and interpreted to best accomplish the purposes of the original provision to the fullest extent allowed by law and the remainder of the provisions of these Terms of Service will remain valid and enforceable.
XVII. Governing Law and Venue
These Terms of Service shall be governed by, interpreted, and enforced in accordance with laws of the State of Delaware without regards to its conflicts of law principles. All actions or proceedings resulting from or relating to this Agreement shall be brought in the appropriate state or federal court exclusively located in New Castle County, Delaware. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New Castle County, Delaware for such legal proceedings.
By utilizing this Platform, you agree to indemnify and hold Avalica and its publishers, officers, shareholders, subsidiaries, employees and contributors harmless from against any loss, liability, claim, damages and costs, including reasonable attorney fees, that arises from (i) your breach of any of the representations and warranties set out in the Terms of Service; (ii) your utilization of the Platform; (iii) any use of your Pass in violation of these Terms of Service; or (iv) malicious conduct on your part.
XIX. These Terms of Service
Avalica reserves the right to update these Terms of Service periodically consistent with applicable laws and principles. These changes will be effective as of the date the revised version is posted on this Platform. Your continued utilization of this Platform after the updated version of these Terms of Service was posted constitutes your consent to be bound by the provisions of the revised Terms of Service.
XX. Entire Agreement
XXI. Contact Us
We welcome your feedback and if you want to inquire about this Platform or these Terms of Service, please contact us.