Datasets:

LawInformedAI

/

claudette_tos

like 1

Follow

LawInformedAI 23

if there is a dispute about whether this arbitration agreement can be enforced or applies to our dispute , you and airbnb agree that the arbitrator will decide that issue .

19.5 exceptions to arbitration agreement .

you and airbnb each agree that the following claims are exceptions to the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction : -lrb- i -rrb- any claim related to actual or threatened infringement , misappropriation or violation of a party 's copyrights , trademarks , trade secrets , patents , or other intellectual property rights ; -lrb- ii -rrb- any claim seeking emergency injunctive relief based on exigent circumstances -lrb- e.g. , imminent danger or commission of a crime , hacking , cyber-attack -rrb- .

19.6 arbitration rules and governing law .

this arbitration agreement evidences a transaction in interstate commerce and thus the federal arbitration act governs the interpretation and enforcement of this provision .

the arbitration will be administered by aaa in accordance with the consumer arbitration rules -lrb- the `` aaa rules `` -rrb- then in effect , except as modified here .

the aaa rules are available at www.adr.org or by calling the aaa at 1 -- 800 -- 778 -- 7879 .

19.7 modification to aaa rules - arbitration hearing/location .

in order to make the arbitration most convenient to you , airbnb agrees that any required arbitration hearing may be conducted , at your option , -lrb- a -rrb- in the county where you reside ; -lrb- b -rrb- in san francisco county ; -lrb- c -rrb- in any other location to which you and airbnb both agree ; -lrb- d -rrb- via phone or video conference ; or -lrb- e -rrb- for any claim or counterclaim under $ 25,000 , by solely the submission of documents to the arbitrator .

19.8 modification of aaa rules - attorney 's fees and costs .

you may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration , to the extent provided under applicable law and the aaa rules .

unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment , airbnb agrees it will not seek , and hereby waives all rights it may have under applicable law or the aaa rules , to recover attorneys ' fees and expenses if it prevails in arbitration .

the arbitrator 's decision will include the essential findings and conclusions upon which the arbitrator based the award .

judgment on the arbitration award may be entered in any court with proper jurisdiction .

the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant 's individual claim .

you and airbnb acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes .

19.11 no class actions or representative proceedings .

you and airbnb acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit , class-wide arbitration , private attorney-general action , or any other representative proceeding as to all disputes .

further , unless you and airbnb both otherwise agree in writing , the arbitrator may not consolidate more than one party 's claims and may not otherwise preside over any form of any class or representative proceeding .

if this paragraph is held unenforceable with respect to any dispute , then the entirety of the arbitration agreement will be deemed void with respect to such dispute .

except as provided in section 19.11 , in the event that any portion of this arbitration agreement is deemed illegal or unenforceable , such provision shall be severed and the remainder of the arbitration agreement shall be given full force and effect .

notwithstanding the provisions of section 3 -lrb- `` modification of these terms '' -rrb- , if airbnb changes this section 19 -lrb- `` dispute resolution and arbitration agreement '' -rrb- after the date you last accepted these terms -lrb- or accepted any subsequent changes to these terms -rrb- , you may reject any such change by sending us written notice -lrb- including by email -rrb- within thirty -lrb- 30 -rrb- days of the date such change became effective , as indicated in the `` last updated '' date above or in the date of airbnb 's email to you notifying you of such change .

by rejecting any change , you are agreeing that you will arbitrate any dispute between you and airbnb in accordance with the provisions of the `` dispute resolution and arbitration agreement '' section as of the date you last accepted these terms -lrb- or accepted any subsequent changes to these terms -rrb- .

except as provided in section 19.12 and subject to section 15.8 , this section 19 will survive any termination of these terms and will continue to apply even if you stop using the airbnb platform or terminate your airbnb account .

we welcome and encourage you to provide feedback , comments and suggestions for improvements to the airbnb platform -lrb- `` feedback `` -rrb- .

you may submit feedback by emailing us , through the `` contact '' section of the airbnb platform , or by other means of communication .

any feedback you submit to us will be considered non-confidential and non-proprietary to you .

by submitting feedback to us , you grant us a non-exclusive , worldwide , royalty-free , irrevocable , sub-licensable , perpetual license to use and publish those ideas and materials for any purpose , without compensation to you .

21.1 if you reside in the united states , these terms will be interpreted in accordance with the laws of the state of california and the united states of america , without regard to conflict-of-law provisions .

judicial proceedings -lrb- other than small claims actions -rrb- that are excluded from the arbitration agreement in section 19 must be brought in state or federal court in san francisco , california , unless we both agree to some other location .

you and we both consent to venue and personal jurisdiction in san francisco , california .

21.2 if you reside in china these terms will be interpreted in accordance with the laws of china -lrb- `` china laws '' -rrb- .

any dispute arising from or in connection with this agreement shall be submitted to the china international economic and trade arbitration commission -lrb- cietac -rrb- for arbitration in beijing which shall be conducted in accordance with cietac 's arbitration rules in effect at the time of applying for arbitration , provided that this section shall not be construed to limit any rights which airbnb may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under china laws or any other laws that may apply to you .

the arbitration proceedings shall be conducted in english .

the arbitral award rendered is final and binding upon both parties .

21.3 if you reside outside of the united states and china , these terms will be interpreted in accordance with irish law .

the application of the united nations convention on contracts for the international sale of goods -lrb- cisg -rrb- is excluded .

the choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence .

if you are acting as a consumer , you agree to submit to the non-exclusive jurisdiction of the irish courts .

judicial proceedings that you are able to bring against us arising from or in connection with these terms may only be brought in a court located in ireland or a court with jurisdiction in your place of residence .

if airbnb wishes to enforce any of its rights against you as a consumer , we may do so only in the courts of the jurisdiction in which you are a resident .

if you are acting as a business , you agree to submit to the exclusive jurisdiction of the irish courts .

22.1 except as they may be supplemented by additional terms and conditions , policies , guidelines or standards , these terms constitute the entire agreement between airbnb and you pertaining to the subject matter hereof , and supersede any and all prior oral or written understandings or agreements between airbnb and you in relation to the access to and use of the airbnb platform .

22.2 no joint venture , partnership , employment , or agency relationship exists between you and airbnb as a result of this agreement or your use of the airbnb platform .

22.3 these terms do not and are not intended to confer any rights or remedies upon any person other than the parties .

22.4 if any provision of these terms is held to be invalid or unenforceable , such provision will be struck and will not affect the validity and enforceability of the remaining provisions .

22.5 airbnb 's failure to enforce any right or provision in these terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing .

except as expressly set forth in these terms , the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise permitted under law .

22.6 you may not assign , transfer or delegate this agreement and your rights and obligations hereunder without airbnb 's prior written consent .

airbnb may without restriction assign , transfer or delegate this agreement and any rights and obligations hereunder , at its sole discretion , with 30 days prior notice .

your right to terminate this agreement at any time remains unaffected .

22.7 unless specified otherwise , any notices or other communications to members permitted or required under this agreement , will be in writing and given by airbnb via email , airbnb platform notification , or messaging service -lrb- including sms and wechat -rrb- .

for notices made to members residing outside of germany , the date of receipt will be deemed the date on which airbnb transmits the notice .

22.8 if you reside in the eu you can access the european commission 's online dispute resolution platform here : http://ec.europa.eu/consumers/odr .

please note that airbnb ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers .

22.9 if you have any questions about these terms please email us .

end user license agreement and terms of service

effective date : july 29 , 2016

last updated date : july 29 , 2016

if you are a user having your usual residence in germany , instead of the below these eula -lsb- https://musical.ly/de/eula -rsb- exclusively shall apply .

this end user license agreement and terms of service -lrb- this `` eula '' -rrb- is a binding contract between you , an individual user -lrb- `` you '' -rrb- and musical.ly , an exempted company duly incorporated with limited liability and validly existing under the laws of the cayman islands d/b/a musical.ly inc. -lrb- `` company , '' `` we , '' `` us '' or `` our '' -rrb- governing your use of all mobile software applications the company makes available for download -lrb- each , an `` app , '' and together , the `` apps '' -rrb- and the related website located at www.musical.ly and/or any other website -lrb- s -rrb- owned or controlled by or on behalf of the company -lrb- collectively , `` sites , '' and collectively with the apps , the `` service '' -rrb- .

by installing or otherwise accessing or using the service , you agree that you have read , understood , and agree to be bound by this eula .

if you do not agree to the terms of this eula , you may not use the service .

to have a copy of this eula and the company 's privacy policy sent to you , contact the company at legal@musical.ly .

material terms : as provided in greater detail in this eula -lrb- and without limiting the express language of this eula -rrb- , you acknowledge the following :

the service is licensed , not sold to you , and that you may use the service only as set forth in this eula ;

the use of the service may be subject to separate third party terms of service and fees , including , without limitation , your mobile network operator 's -lrb- the `` carrier '' -rrb- terms of service and fees , including fees charged for data usage and overage , which are your sole responsibility ;

you consent to the terms and conditions in the gift points policy available at https://www.musical.ly/giftpointspolicy.html -lrb- the `` gift points policy '' -rrb- ;

you consent to the collection , use , and disclosure of your personally identifiable information by accessing to the service and/or participating in the gift points program in accordance with the company 's privacy policy available at http://musical.ly/privacy.html -lrb- `` privacy policy '' -rrb- and the gift points policy , including with respect to the collection of location information or payment related information ;

the apps are provided `` as is '' without warranties of any kind and the company 's liability to you is limited by the terms herein , the privacy policy and the gift points policy ; .

disputes arising hereunder will be resolved by binding arbitration .

by accepting this eula , as provided in greater detail in section 11 of this eula , you and the company are each waiving the right to a trial by jury or to participate in a class action ;

the apps may require access to the following services on your mobile device : your device identifier and location ;

and if you are using the apps on an ios-based device , you agree to and acknowledge the `` notice regarding apple , '' below .

you understand and agree that the company may change this eula at any time without prior notice ; provided that the company will endeavor to provide you with prior notice of any material changes that may apply to you , including through the posting of a revised eula that you may be required to accept in order to continue using the service .

you may read a current , effective copy of this eula at any time by selecting the appropriate link on the service .

the revised eula will become effective at the time of posting .

any use of the service after such date will constitute your acceptance of such revised eula .

if any change to this eula is not acceptable to you , then your sole remedy is to stop accessing , browsing and otherwise using the service .

the terms of this eula will govern any updates the company provides to you that replace and/or supplement any portion of the service , unless the upgrade is accompanied by a separate license or revised eula , in which case the terms of that license or revised eula will govern .

notwithstanding the preceding sentences of this section 1 .

b , no revisions to this eula will apply to any dispute between you and the company that arose prior to the effective date of such revision .

your access to and use of the service is also subject to the company 's privacy policy and gift points policy , the terms and conditions of which are incorporated herein by reference .

the service is controlled and operated by the company from its offices in the state of california and the people 's republic of china .

the company makes no representation that materials on the service are appropriate , lawful or available for use in any locations other than the united states of america .

those who choose to access or use the service or participate in the gift points program from locations outside the united states of america , do so on their own initiative and are responsible for compliance with local laws , if and to the extent local laws are applicable .

access to the service from jurisdictions where the contents or practices of the service are illegal , unauthorized or penalized is strictly prohibited .

the service is not for persons under the age of 13 or for any users previously suspended or removed from the service by musical.ly .

if you are under 13 years of age , you must not use or access the service at any time or in any manner .

furthermore , by using the service , you affirm that either you are at least 18 years of age or have been authorized to use the service by your parent or guardian who is at least 18 years of age .

subject to the company 's potential blocking of certain content owned or controlled by the third parties , which blocking you hereby authorize , the service enables you to -lrb- i -rrb- create 15-second videos , including videos that incorporate locally stored sound recordings from your personal music library and ambient noise -lrb- each , a `` ugv '' -rrb- , -lrb- ii -rrb- extract all or any portion of the user content -lrb- defined in section 5 .

a below -rrb- incorporated into any ugv created by another user to produce a ugv , including collaborative ugvs with other users , that combine and intersperse user content from ugvs generated by more than one user -lrb- each , a `` collaborative ugv '' -rrb- , and -lrb- iii -rrb- transmit and view such ugv and collaborative ugv through the apps1 -lrb- `` broadcast content '' -rrb- .

any person who creates a ugv will be referred to herein as a `` creator , '' and any person who uses any user content from another 's ugv to create a collaborative ugv as permitted by this eula will be referred to herein as an `` editor . ''

creators , editors and all other users of the service , including transmitters and viewers of broadcast content through the apps , will be referred to herein collectively as `` users . ''

in addition to allowing you to create ugvs and collaborative ugvs , and transmit broadcast content via the apps , as described above , the service may also allow you to -lrb- a -rrb- create 15-second videos that include sound recording samples -lrb- and the musical works embodied therein -rrb- from thirty second portions of sound recordings -lrb- sound recordings and the musical works embodied therein are `` sr samples '' -rrb- made available by the company through the service through a company-provided library -lrb- each , a `` company video , '' and together with ugvs and collaborative ugvs , `` user videos '' -rrb- ; -lrb- b -rrb- save your user videos locally to your device ; -lrb- c -rrb- upload your user videos to the applicable app or certain third party social media platforms -lrb- e.g. , instagram , facebook , youtube , twitter -rrb- subject to the terms and conditions in this eula and any usage restrictions imposed by any licensors of s r samples -lrb- e.g. , sound recording and/or musical work copyright owners -rrb- ; -lrb- d -rrb- communicate your user videos to friends via different messaging services ; and -lrb- e -rrb- publicly display and perform your user videos and the embedded sound recordings and musical works to other users of the service .

if the service does not permit you to post user videos directly to one or more third party social media platforms , then you are not authorized by the company to post your user videos on such platforms and you are solely responsible for obtaining any necessary rights , clearances , permissions or authorizations for such posting and may be subject to liability for your failure to do so in the event of any unauthorized posting of user videos .

for the avoidance of doubt , user videos exclude any broadcast content .

you control whether your user videos and/or broadcast content are made publicly available on the service to all the users or only available to people you approve among the users .

to restrict access to your user videos and/or broadcast content , you should select the privacy setting available within the apps .

the service will be accessible via a mobile phone , tablet or other wireless device -lrb- collectively , `` mobile services '' -rrb- .