Binding Contract: These Terms of Service (including an agreement to arbitrate disputes) are a binding legal contract between you and Elbi Digital, Limited ("Elbi"). These Terms of Service apply to your use of the Elbi website located at elbi.com, Elbi India located at elbi.in and the Elbi IOS app located in the App Store ("Sites") and any of our related services, content or applications (the Sites and these services, content and applications together will be called the "Services"). You must agree to these Terms of Service to use the Services. If you do not agree to all of the terms and conditions in these Terms of Service as stated herein, please do not visit the Sites or use the Services.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND ELBI HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 17 BELOW), 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 IN ACCORDANCE WITH SECTION 17. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ELBI 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.
Description of the Services. We offer the Services as a tool to allow charitable organizations (each a "Charity") to conduct sweepstakes promotions or prize draws. For more information on such promotional offers, see the Sweepstakes Section below. The Site hosts multiple sweepstakes/prize draws (each a "Sweepstakes"). In each Sweepstakes, a Charity is seeking to raise money for itself. Each Sweepstakes is separate. Entry into one Sweepstakes is not entry for any other Sweepstakes. Details on the exact dates for any Sweepstakes, along with the prize(s) available in that Sweepstakes, the beneficiary charity, and any other details will be listed at the "Official Rules" within the campaign page for each Sweepstakes. For a list of the various Sweepstakes available at any given time, click the Campaigns tab on the Site. The links from the page within the ElbiDrops tab will bring you to the Sweepstakes Page for each individual Sweepstakes.
- We are constantly evolving and improving the Services and may add or change features and offerings in the future. We may also modify, suspend or discontinue all or some of the Services at any time without notice or liability.
- Eligibility. Use of the Services is intended for individuals who are at least thirteen (13) years old. Additional restrictions may apply for any particular Sweepstakes and will be disclosed in the specific rules for that promotional offer. If you are not at least thirteen (13) years old, please do not access, visit or use the Site or Services.
- Registration. As a condition of using certain features of the Services, you will be required to register through the Services and select a password and user I.D. You may not select or use as a user I.D. a name (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you without appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You are responsible for maintaining the confidentiality of your user I.D. and password.
- Sweepstakes/Prize Draws. All Sweepstakes and prize draws conducted on the Services are governed by individual Sweepstakes Official Rules applicable to the particular promotion. For additional information, see the Sweepstakes Section below.
- Prohibited Activities. You may only use the Services personally, individually and for non-commercial purposes in compliance with these Terms of Service. In connection with your accessing or using the Services, you may not:
- Either directly or through the use of any device, software, Internet site, web-based service, or other means:
i. remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on any content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Services, including but not limited to geo-filtering mechanisms, or
ii. copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any content.
- Incorporate any content, or stream or retransmit any content, in any hardware or software application or make them available via frames or in-line links.
- Create, recreate, distribute or advertise an index of any significant portion of any content.
- Use any content for any business purpose, whether or not for profit.
- Create derivative works or materials that otherwise are derived from or based on in any way on any content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Elbi in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. All content within the Services is covered by the foregoing restrictions include without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
- Use technology or other means to access, index, frame or link to the Services (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services) unless expressly authorized to do so by Elbi;
- Provide any User Content (defined below):
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- That contains any information or content that is fraudulent, false, misleading, or deceptive or otherwise provide false, misleading or deceptive information in connection with your use of the Services. This includes but is not limited to giving false information as part of your account registration and writing reviews that are made up, dishonest or misleading; or
- Without having all the legal rights needed to do so or provide any User Content that infringes any third-party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that violates any laws or regulations.
- In exchange for any form of benefit or compensation from a third-party;
- Open a new account without our written permission if we have terminated your account or told you not to access the Services;
- Transfer your account to someone else;
- Use an account for the purpose of making a competitive assessment of our Services or incorporating any information or other Content from the Services into any service you offer to third-parties;
- Access or scrape the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; bog down the Services by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute; or
- Reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any content, application or software code associated with the Services.
- Voluntary Donations. You may choose to make a voluntary donation to a charity to enter a sweepstakes or prize draw via the Services. Payment, processing and transaction fees will be deducted from a donation. No purchase, payment or donation is ever required to enter a Sweepstakes. See the Sweepstakes Section below for additional information. All donations are final and non-refundable. Please email us at email@example.com if you have any questions regarding donations.
- Your Account. If you want to make a voluntary donation, you must register to use the Services and create an account.
- Responsibility for Your Elbi Account. You are responsible for everything done through your account so please do not share your user ID and password with anyone. Please notify us right away at firstname.lastname@example.org if you have lost control of your password or you suspect there is unauthorized activity in your account. You should not use your account as a storage facility for any User Content you want to keep.
- Notifying Elbi Regarding Changes to Your Email Address. We will send you emails from time to time related to your account, our Services, changes to these Terms of Service and other issues. Please keep your account information current including updating it if you change your email address to make sure that you receive important notices. You will be able to opt out of some kinds of email (e.g., marketing email) by following the instructions in the email or you can always send a request to email@example.com.
- Content. "Content" means any content or materials, including, without limitation, text, visual elements (e.g. graphics, images, etc.), illustrations, logos, trademarks, service marks, copyrights or photographs, videos or data.
- Responsibility for User Content. As between Elbi and you, you own all Content that you provide to Elbi in connection with the Services ("User Content"). You are solely responsible and bear all liability for and risk from any User Content you provide to us, the Site or that you make available in connection with the Services. You agree that we are only acting as a passive conduit for the online distribution and publication of your User Content. Please carefully consider whether to provide your User Content in connection with the Services. We strongly discourage you from providing any User Content that allows other users to identify or locate you. You are solely responsible for your interaction with other users of the Services, whether online or offline.
- Compliance with Laws. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services and any User Content you provide in connection with the Services. You represent and warrant that you have all rights and authorizations necessary for the User Content that you provide in connection with the Services and that it will not infringe any third-party rights (including rights of privacy and intellectual property rights) or violate any applicable law or regulation.
- License Grant to Elbi. You hereby grant Elbi a perpetual, irrevocable, non-exclusive sub-licensable, transferable, worldwide royalty-free right and license to use all User Content you provide for any purpose, including the right to copy, store, modify, distribute, perform, display, reformat, excerpt, translate and create derivative works of the User Content, in any media known now or in the future, and to allow others to do the same, all without compensation to you. You also irrevocably waive any so-called moral rights and rights of attribution.
- Content Provided by Other Users or Third-Parties. You understand that Elbi is not responsible for User Content provided by any other users or other third-parties, Elbi takes no responsibility and assumes no liability for any User Content that any other user of the Services posts or sends through the Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise not suitable for you.
- No Compensation for User Content. Elbi will not compensate you in any manner for anything, including your use of the Services and any User Content you provide through the Services.
- Elbi's Rights to Screen and Delete User Content. We reserve the right but do not undertake the obligation to pre-screen, filter or categorize any User Content. We may also investigate you, your account and any User Content you submit in connection with the Services. In addition to or instead of terminating or suspending your use of the Services and any other remedies, we may immediately take down any User Content or take any other action we think is appropriate to deal with any issue we believe is problematic in our sole discretion. However, while we reserve the right to do these things we do not make any commitment that we will police the Services for problems, even those that have not been reported to us. To report a problem, please contact us at firstname.lastname@example.org. By offering you the opportunity to report problems, we do not undertake any obligation to you (whether contractual or otherwise) to take any particular action in response to your report. We reserve the right to delete any User Content at any time without notice.
- Ownership of Elbi Content. Except with regard to User Content that you own, Elbi (or its licensor) owns all Content provided through the Services and all intellectual property rights in the Services. Elbi retains all right, title and interest in the Services, and its trademarks, service marks and logos, including all technology and processes and any enhancements or modifications. You may not copy, modify, create derivative works from or distribute any Content that you did not provide (whether that Content has been posted by us or a third-party) or our trademarks, service marks or logos, or create any additional service or website that includes or is based on our Services or any Content you did not provide. Unless expressly granted in these Terms of Service, you have no right, title or interest in the Services.
- Elbi Intellectual Property. Except with regard to User Content, the copyrights, trademarks, and other intellectual property displayed on the Site (collectively "Elbi Intellectual Property"), are owned by Elbi Digital or its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Elbi Intellectual Property displayed on the Site, or any license or right to use any other intellectual property owned by any other third-party. In the event that you misuse any Elbi Intellectual Property in violation of these Terms of Service, Elbi will aggressively enforce its intellectual property rights to the fullest extent of the law.
- Copyright and Trademark Infringement and Other Bad Acts. Elbi is strongly committed to respecting intellectual property and other rights. We have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, and terminating accounts of repeat infringers in appropriate circumstances as follows:
- Digital Millennium Copyright Act (“DMCA”) PolicyElbi will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another's intellectual property right, whether or not there is repeat infringement. If you believe your copyright has been infringed, you should submit notice to: Attn: Copyright Officer, Elbi Digital, 45-51 Whitfield St Fitzrovia, London W1T 4HD, United Kingdom, or email to email@example.com with "CFO/Copyright Agent Notice" in the subject line. Any such notice should include the following:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Texas, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
- Other Types of Infringement or Abuse. We are also concerned with other types of infringement and abuse. To report a problem other than copyright or trademark infringement, please email firstname.lastname@example.org. We may, in our sole discretion, limit, suspend, or terminate the Services and user accounts, prohibit access to the Services, delay or remove Content, and take technical and legal steps to keep users from using the Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third-parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
- Termination of User Accounts. We reserve the right to suspend or terminate your account and/or your use of any Content, Services or application at any time for any or no reason. This is not our exclusive remedy under any circumstances. You may terminate your Elbi account at any time by contacting us at email@example.com.
- Effect of Termination. When your account is closed (voluntarily or involuntarily), you may no longer have access to any information or materials you store within your account. Following termination or deactivation of your user account, unless you request that your information be deleted by contacting us at firstname.lastname@example.org, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request. In addition, we may use all of your User Content in accordance with these Terms of Service and retain and continue to use indefinitely all information contained in your communications to other users of the Services posted to public or semi-public areas of the Services after termination or deactivation of your user account.
- Survival. All provisions relating to intellectual property, confidentiality, disputes, representations/warranties, indemnities, and limitations of liability, shall survive termination or suspension of any of the Services and/or closure of your account.
- Third-Party Websites, Advertisers and/or Services
- Third-Party Promotions. Additionally, if you elect to purchase goods or services from third-party companies that place advertising on the Services, your dealings with those companies, including payment and delivery of goods or services, and any other terms (such as warranties) applicable to those goods or services are solely between you and the companies offering the applicable goods or services. You agree that Elbi shall not be responsible for any loss or damage of any sort relating to your dealings with third-party companies that place advertising on the Site.
- Indemnity, Disclaimers and Limits on Liability
- Indemnity. You agree to indemnify, defend, and hold harmless Elbi, the Charities, and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Covered Entity in any way arising out of or relating to your use of the Services or breach of these Terms of Service. Elbi reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and if Elbi assumes defence and control, you agree to cooperate with our defence of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
- Disclaimers TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE. THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD-PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD-PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD-PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD-PARTY LINKS, WEBSITES, ETC. THE COVERED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY USER OF THE SERVICES.
- Limitations on Liability THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, STATUTORY DAMAGES OR PENALTIES, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION ARISING IN CONNECTION WITH, OUT OF, OR AS A RESULT OF (I) THESE TERMS OF SERVICE OR THE SERVICES, AND (II) ANY ACTS OR OMISSIONS OF ANY OF THE COVERED ENTITIES IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES. THE ONLY REMEDY AVAILABLE TO YOU UNDER THESE TERMS OF SERVICE AND IN CONNECTION WITH THE SERVICES IS REIMBURSEMENT OF ANY FEES YOU HAVE PAID IN CONNECITON WITH THE PORTION OF THE SERVICES GIVING RISE TO THE DISPUTE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE THE COVERED ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND LIABILITIES OF EVERY KIND OR NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO THESE DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
- Exceptions to Disclaimers and Exclusions of Damages. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, THE FOREGOING DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Timing of Claims. YOU MUST BRING ANY CLAIM YOU HAVE AGAINST ELBI RELATING TO THESE TERMS OF SERVICE OR THE SERVICES WITHIN TWO YEARS FROM THE DATE OF ACCRUAL OF THE APPLICABLE CLAIM.
- Legal Disputes and Arbitration Agreement
- Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- Terms of Service and Binding Arbitration Agreement.
IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO SECTION 17.A ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES' RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE SERVICES SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA"), ON A NON-CONFIDENTIAL BASIS IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AAA, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF SERVICE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND THE PARTIES HEREBY REJECT, WAIVE AND DISCLAIM THE APPLICATION OF ANY STATE ARBITRATION ACT.
THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, ELBI WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO JAMS ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND ELBI WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO JAMS. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CASES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 17.b shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception - Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
- 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 17.b, 17.c and 17.d by sending written notice of your decision to opt-out to the following address: Elbi Digital, 45-51 Whitfield St Fitzrovia, London W1T 4HD, United Kingdom. The notice must be sent within thirty (30) days of registering to use the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Elbi also will not be bound by them.
- Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth in Section 17.b do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the United Kingdom (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the United Kingdom for any litigation, other than small claims court actions, and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of the United Kingdom over any litigation arising in connection with, out of, or as a result of (a) these Terms of Service or the Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms of Service or the Services.
- Applicable Law. THESE TERMS OF SERVICE CONSTITUTE A CONTRACT MADE SOLELY OVER THE INTERNET AND YOU AGREE THAT THE INTERNAL LAWS OF THE UNITED KINGDOM, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS OF SERVICE AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND ELBI.
The Services may also include third-party advertising, links to other websites, and other content from third-party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, may use web beacons and cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who click on the links made available through the Services. These third-parties may collect information about you and/or your computer network over time and across different websites to provide targeted or personalized advertising (also referred to sometimes as online behavioural advertising or interest-based advertising). We do not have access to or control over web beacons or cookies that these third-parties may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit.
Some third-party advertising companies may provide a mechanism to opt-out of their information gathering technologies. We only engage third-party advertising companies that have represented to us that they comply with the protocols of the Networking Advertising Initiative (NAI) or Digital Advertising Alliance (DAA), which give consumers choices about how their personal information is tracked and used. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at www.networkadvertising.org/managing/opt_out.asp, and the DAA by visiting www.aboutads.info (DAA homepage).
- Entire Agreement. These Terms of Service and the terms and conditions incorporated in these Terms of Service by reference are the entire agreement between you and Elbi.
- Assignment. We can assign these Terms of Service to any entity that agrees to be bound by these Terms of Service.
- Severability. Except as provided in Section 17.b, if any provision of these Terms of Service is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
- No Third-Party Beneficiaries. These Terms of Service are between you and Elbi. There are no third-party beneficiaries.
- Relationship of the Parties. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
- Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
- Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at firstname.lastname@example.org or by postal mail at Elbi Digital, 45-51 Whitfield St Fitzrovia, London W1T 4HD, United Kingdom.
- GENERAL PROVISIONS RELATING TO SWEEPSTAKES/PRIZE DRAWS
Overview: Each Sweepstakes/Prize Draw is intended to benefit a named charitable organization and is governed by: (a) Our Terms of Service, and (b) the details for that particular Sweepstakes/Prize Draw (start/end dates, prize details, and any other specific details), posted on the Campaign page for that Sweepstakes/Prize Draw. In the event of any conflict these Terms of Service and the individual Sweepstakes Official Rules, the individual Sweepstakes Official Rules will govern.
- No Purchase Necessary: No purchase, donation or other payment is ever necessary to enter a Sweepstakes/Prize Draw, though you may make a voluntary donation at the time of entry using any of our approved debit or credit cards or one of our approved payment providers. Making a donation will not increase your chances of winning. See the Sweepstakes Official Rules for details on how to enter without making any donation.
- Donations: All donations to support any charity are voluntary.
Last Updated: February 15th, 2019