These Terms of Use (“Terms”) constitute a legally binding agreement between you, the user of the https://couldsee.app/partnerships website (“Website”) and the services offered by by Axionta LTD, a corporation incorporated under the laws of Cyprus under registration number HE 445271, with registered address at Themistokli Dervi, 6 , 1066, Nicosia, Cyprus (“Company”, “Couldsee”) You may not use the Website or any of the services of Couldsee unless you agree with these Terms.
We do not allow using the Website and our Services as a user ("Member") if you are:
You may register the account (“Account”, “Profile”) on the Website and become a Member of the Service at no cost.
To become a Member, you need to create an account by providing a valid email address, username, password and/or other information as prompted by the registration procedure or as required by applicable law. We may request you to provide documents for age or other identification details confirmation as part of our “Know Your Customer” (“KYC”) requirements. Information we collect from you when creating an Account is processed in accordance with our Privacy Policy, that constitutes an integral part of these Terms.
You hereby expressly consent to our use of your profile on the Website to populate registration and profile information on the other websites owned by the Company or its affiliates ("Affiliate Websites").
You cannot create more than one Account on the Website.
When registering, you are prohibited from selecting or using as a username (including first and/or last name):
Please note that we prohibit including in any Section of your Member profile any telephone numbers, street addresses, email addresses, links to pages, profiles and other content from social networks, other personal contact information, your last name or any URLs.
We reserve the right to reject any username or to terminate your username and give such username to another Member of the Service in our sole discretion, and without any liability or an obligation to explain the reasoning for it to you.
Services are for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses are not allowed to use the Service for any purpose.
You agree that, except as otherwise provided in these Terms, there shall be no third-party beneficiaries to this Agreement.
The Service may not contain advertisements offered by third parties and links to other websites or resources, which promote, facilitate or support sex trafficking, prostitution, and provision of escort services.
We offer our Members a range of paid features ("Premium Features") via our Website, including, but not limited to:
For the avoidance of misunderstandings, please note that some of the Premium Features are provided jointly with or solely by our providers ("Suppliers") without our particular involvement, for instance:
The Suppliers are independent contractors and are not our agents or employees. We are not responsible for the quality of Suppliers' services, the willful or negligent acts and/or omissions of any Supplier or any of its respective subsidiaries, directors, employees, agents, servants, or representatives including, without limitation, their failure to deliver services, or partial or inadequate delivery of services. Any relations between you and the Suppliers are between you and the Suppliers only.
The prices for the Premium Features are available for review either in the Member's profile or prior to confirmation of the order and payment processing. The Company can change the prices of Premium Features at any time in its sole discretion.
Please note that we do not provide any other services in connection with your personal meeting and do not take part in any arrangements relating to it, except as stated above.
Any travel, entry clearance, relations with authorities, accommodation, and personal health and safety, as well as any other expenses, are entirely your responsibility, and are not part of the Service. Such Services may be provided by our Supplier or Contact Person. In such cases we do not hold any responsibility for their conduct and quality of their services.
You may use Premium Features only by spending our virtual currency called "Credits”. In order to get the Credits you must purchase them with fiat currency supported by the Website.
In some cases, we may offer Premium Features for a flat fee payable each time you use a Premium Feature or depending on the amount of time you use a certain Premium Feature. In those cases, you agree to pay the fee stated on the Service.
Sometimes we may provide you with bonus Credits for free.
With regard to Credits You acknowledge and accept that:
Credits obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-exclusive, non-sublicensable license to use within the Service. Credits may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right, or title in or to any such Credits appearing or originating in the Service, or any other attributes associated with use of the Service.
We may refuse to refund you both spent and unspent Credits in our sole discretion. We are obliged to provide you with refund only if the applicable law obliges us to do so.
At the same time, we outlined refund procedures and cases in which we may consider and agree to refund Credits in these Terms and our Refund Policy.
We may change our Refund Policy at any time, and changes are effective upon posting on the Website.
In any case, we have a right to refuse providing you any kind of refund if you have violated any provisions of these Terms.
By using the Service, you represent and warrant that:
This is a list of activities that we prohibit on our Website:
In order to protect our Members from prohibited advertising or solicitation, we reserve the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
We may conduct an investigation regarding possible breaches of the mentioned requirements from you according to procedure provided in Section 4(е) below. We reserve the right to:
You are solely responsible for the information, communications and content that you publish or display ("post") on the Service or transmit to other Members ("User Content").
We prohibit providing, posting and transmitting to other Members any kind of User Content that:
We may investigate and take appropriate legal action in our sole discretion against anyone who violates this provision or any other part of these Terms, including, without limitation, removing the offending communication or User Content from the Service and terminating the access and membership of such violators.
To prevent the Service from being used for any activity directly prohibited by these Terms, including but not limited to the provision of escort services and prostitution, we have taken the following measures:
If information provided to Couldsee, or another Member, only subsequently becomes inaccurate, misleading, or false, you will promptly notify Couldsee of such change and you will take all reasonably necessary measures to correct the information.
You can report any abuse or complain about availability on the Website of any User Content prohibited by these Terms, including but not limited to violations related to escorting, prostitution, or any other illicit activities, by sending a written "Notification of Violation", outlining the abuse and/or other complaint, and providing us with any additional information you think is pertinent. Couldsee may share your Notification of Violation with the Member that is possible infringer to facilitate the resolution of reported issues, and you consent to making such disclosure by Couldsee.
Though we will always try our best to address reported violations promptly, we do not owe a duty to protect you from any type of harm caused by other Members of the Service. You are solely responsible for your interactions with other Members of the Service.
In certain cases where immediate action is necessary to protect the community of the Service, Couldsee may take temporary measures, such as restricting access to the reported content.
Based on the findings of the review, Couldsee will take appropriate action. If our investigation shows that there is a violation by you, we deactivate your profile on the Website. In addition, we may take appropriate legal action against you because of such violation, without limitation, seeking civil, criminal, and injunctive redress. We will communicate the outcome of the investigation to the Member, who submitted the report, ensuring transparency and providing information on the actions taken.
Designated Agent Contact InformationDesignated agent of Couldsee for receipt of Notification of Violation can be contacted at:
We may, but are not obliged to, monitor and remove any User Content for any reason. In particular, we may remove User Content that does not comply with the requirements of these Terms and our Policies.
We may use any of your User Content (including your photographs) and your endorsements, testimonials, or other comments in respect of your use of the Service (whether provided via the Service, other methods of communication, or otherwise), for displaying on the public pages of the Service, advertising or publicity.
We may use such Content in full or in part, and with such corrections of any grammatical, stylistic, or other similar shortcomings as we deem appropriate.
By posting User Content to Couldsee, you automatically grant, and you represent and warrant that you have the right to grant, to Couldsee, its affiliates, licensees, and successors, an irrevocable, non-exclusive, free, sub-licensable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing for the purpose of providing the Service to you.
You hereby release, discharge and agree to hold Couldsee harmless from any causes of action in law or equity you may have or may hereafter acquire against Couldsee or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by Couldsee or its affiliates of your User Content.
If you do not wish us to do this, please contact us. More details on how we use your information are contained in our Privacy Policy.
In order to retain security of Your account you hereby agree to undertake the following:
Please note that we shall not be liable for any loss or damage arising from your failure to comply with this provision. Please also note that it shall be your sole responsibility to keep your account information secure.
We put efforts to make your use of the Website safe and secure taking all necessary protective and security measures. Nevertheless, any message or information you send to the Service may be possibly read or intercepted by others, even if there is a special notice that such message or information is encrypted or otherwise protected or secured.
Please note that we shall not be liable for any loss or damage arising from unauthorized use of your credentials by third parties.
If we learn of a security system's breach, then we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at https://couldsee.app/partnership/termsAndConditions .
You are solely responsible for your interactions with other Members.
Use caution and common sense when using the Service, especially when providing any information to other
Members, including personal and financial one.
You acknowledge and agree:
Please note that we disclaim all liability associated with the mentioned risks.
We do not guarantee that any opinions, advice, statements, offers, or other information or content from any Member or third party on the Service are accurate, complete, or reliable.
Such Members or third parties are solely responsible for such content. Couldsee does not hold any responsibility in this regard.
Please note that we shall not be liable for any loss or damage arising from your reliance on information or other content posted on the Service or transmitted to or by any Member or third party.
We make no representations or warranties that:
You assume all risk associated with dealing with any and all Members or other third parties, including without limitation the risk that information about a certain Member posted on the Service or information provided by a Member in the course of interactions with other Members via the Service may be false or misleading.
Please note that we shall not be liable for any disputes or disagreements between you and any other Member or third party you interact with using the Service.
You release Couldsee of all claims, demands, and damages in disputes among Members of the Service or other third parties. You also agree not to involve us in such disputes. You agree to resolve disputes directly with the other party.
To the fullest extent permitted by law, in no event shall Couldsee or its affiliates, directors, officers, employees, agents, partners, and licensors (collectively, the "released parties") be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of, or relating to, the conduct of you or anyone else in connection with the use of the Service, including, without limitation, bodily injury, emotional distress, loss of business, lost profits, trade secret misappropriation, intellectual property infringement, and/or any other damages resulting from communications or meetings with other Members of this Service or persons you meet through the Service.
All Members of the Service hereby expressly agree not to sue or hold liable the released parties for any instruction, advice or services that originated through the Service, and the released parties expressly disclaim any liability whatsoever, to the fullest extent permitted by law, for any damage, suits, claims, and/or controversies that arise or are related in any way to the service, the information provided through the Service and/or the interaction(s) between any Members of the Service, whether arising under contract, tort or otherwise.
Without limiting other provisions of this Agreement (including the Privacy Policy), by using the Service, you agree to accept and consent to receiving electronic communications initiated from us regarding any issue arising from this Agreement and Service.
All information communicated on the Service is considered electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with Couldsee electronically.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Couldsee provides you with assistance and guidance through its customer service representatives. We may create some technical member profiles on the Website for testing the Service ("Staff Profiles"). All Staff Profiles will be identifiable as such and, in the event that you opt to communicate or interact with a Staff Profile, you will be made aware of the nature of this Staff Profile.
By providing your mobile telephone number to us, you consent to receive text messages at that number as requested for account verification, message notifications, and other purposes related to the Service.
While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for those charges.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as we cannot control work of the cellular telephone operator or other networks.
We will use your mobile number in accordance with our Privacy Policy.
By providing your phone number, you consent to receive autodialed or prerecorded calls from us at the phone number that you have provided to us, including any mobile telephone number and/or a number listed on any do-not-call list, to facilitate conversations between you and other Members; or otherwise provide our Services or enforce these Terms.
You are not required to provide your consent to these calls as a condition of purchase on the Service.
Standard telephone minute charges may apply.
We may monitor or record telephone conversations that we have with you or anyone acting on your behalf initiated regardless of whether you call us or we call you. However, we will always notify you of our intention to record the call and ask for your permission. We will use the results of monitoring and recording in accordance with our Privacy Policy.
When communicating with our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or offensive in any other way, and behaving inappropriately anyhow.
If your behavior towards any of our representatives is such as described above, we may terminate your membership.
We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Service is governed by our Privacy Policy. It contains important information and disclosures relating to the collection and use of your personal information by us
We may suspend or terminate your use of our Services and/or membership at any time, at our sole discretion without cause and without notice.
For the purposes of these Terms:
"Termination" means deletion of the account from the Couldsee's servers and complete erasure of all data related to a User Profile. At User's request, we may retrieve all personal data and provide it in a comprehensive and readable form.
"Blocking" means temporary or permanent restriction of access to a User Profile for violation of these Terms.
The decision regarding termination or blocking of the account is made each time by the Couldsee's Support Team at its sole discretion.
In particular, termination of account is possible as a result of its inactivity for three months, violation of these Terms, security reasons, etc.
You may terminate your membership at any time, for any reason, by contacting our Support Team online at https://couldsee.app/partnership/termsAndConditions .
If a person that was the Member of our Website is no longer able to receive the Service by reason of death or disability, such person or his/her legal representative or legal successor may contact us regarding termination of the account.
"Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to us.
If the physician determines that the duration of the disability will be less than six (6) months, we may extend the term of the Service contract for a period of six (6) months at no additional charge instead of termination of account.
In order to protect the integrity of the Service, Couldsee reserves the right, at any time in its sole discretion, to block Members with certain IP addresses from accessing the Website.
Couldsee may provide you with access to third-party links and websites over which we neither monitor nor have any control nor input.
You acknowledge and agree that Couldsee provides access to such third-party links and access to third-party websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of third-party links or websites.
Any use by you of third-party links or websites offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
Couldsee provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Service. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You acknowledge and agree that Couldsee owns, licenses, or otherwise retains all proprietary rights in the Service and all intellectual property thereon and therein.
Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the sole and exclusive right to apply for the protection of the same on behalf of Couldsee and its licensors.
The Service contains the copyrighted material, trademarks, and other proprietary information of Couldsee and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
We do not tolerate infringing activity on or through the Service anyhow.
If we have any reasons to believe in good faith that User Content and/or any kind of information violates intellectual property rights of a third party by being made available on or through the Service, upon notice from an intellectual property owner or his or her agent, we shall have the right, in our sole discretion, to:
(i) remove or disable access to material;
(ii) remove any User Content uploaded to the Service by "repeat infringers".
“Repeat infringer" is a Member that has uploaded User Content to or through the Service and about whom Couldsee has received more than two takedown notices compliant with the provisions of 17 U.S.C. 5 512 (or other equivalent notices under applicable law) with respect to such User Content.
However, we may terminate the account of a Member after receipt of a single notification of claimed infringement.
If you believe that any content made available on or through the Service infringes your intellectual property right, please promptly send a written "Notification of Claimed Intellectual Property Rights Infringement" containing the following information to the designated agent identified below. Couldsee may share your Notification of Claimed Intellectual Property Rights Infringement with the Member that is possible infringer, and you consent to making such disclosure by Couldsee. Your communication must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
2. Identification of the material allegedly being infringed, or, if multiple materials are covered by a single notification, then a representative list of such works;
3. Identification of the specific 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 Couldsee to locate the material on the Service;
4. Information reasonably sufficient to permit Couldsee to contact you, such as your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. Under penalty of perjury, a statement that the information in the Notification of Claimed Intellectual Property Rights Infringement is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or review 17 U.S.C. 5 512 or other applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of Claimed Intellectual Property Rights Infringement.
Designated agent of Couldsee for receipt of Notifications of Claimed Intellectual Property Rights Infringement can be contacted at:
Couldsee reserves the right to seek damages from any party that submits a false notification in violation of the law, as provided for by 17 U.S.C. 5 512 or other applicable law.
Except where otherwise inapplicable or prohibited by law, including the State of New Jersey, to the fullest extent permitted by law, you expressly understand and agree that your use of the Service is at your sole risk, and the Service is provided on an "as is" and "as available" basis.
The released parties (as defined above in Section 5(e)), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement as well as any and all warranties as to products or services offered by businesses listed on the service. The released parties make no, and expressly disclaim any warranty that:
(i) the Service will meet your requirements,
(ii) the Service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Service, including data, will be accurate or reliable,
(iv) the quality of any data or service available on the Service will meet your expectations, and
(v) any errors in the Service will be corrected.
Any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
We cannot guarantee and do not promise any specific results from use of the Website and/or the Service. You agree also to take the risks of interruption of the Service for any technical reasons.
Any statement that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. You shall be fully liable for any consequences that arise from your use of information available on the Website.
Couldsee makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
We may change all the information provided on the Service at our sole discretion without notice.
We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Except where otherwise inapplicable or prohibited by law, including the State of New Jersey, you expressly understand and agree that, to the fullest extent permitted by law, the released parties shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Couldsee has been advised of the possibility of such damages), resulting from:
Even if Couldsee is found liable under any theory, Couldsee' liability and your exclusive remedy will be limited to the greater of the fees you have paid to Couldsee or USDIOO.
This limitation of liability shall apply for all claims, regardless of whether Couldsee was aware of or advised in advance of the possibility of damages or such claims. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Couldsee and all of its subsidiaries, affiliates, directors, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Service in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set forth above.
Couldsee reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, Couldsee in connection therewith.
Please read this arbitration provision carefully to understand your rights:
You and Couldsee, and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns, agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this Agreement, the Service, or the Privacy Policy, unless you are located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution.
A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate ("Notice"), or, in the absence of a mailing address provided by you to Couldsee, via any other method available to Couldsee, including via email.
The notice to Couldsee must be addressed to Themistokli Dervi, 6, 1066, Nicosia, Cyprus. The notice must describe the nature and basis of the claim or dispute; and set forth the specific relief sought ("Demand").
If you and Couldsee do not reach an agreement to resolve the claim within 30 days after the notice is received, then you or Couldsee may commence an arbitration proceeding as set forth below or file an individual claim in state court in Cyprus. The American Arbitration Association ("AAA") will exclusively administer the arbitration in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the "Rules"), as modified by this Agreement.
If you commence arbitration against Couldsee, you are required to provide a second notice to Couldsee at the arbitration notice address within seven (7) days of such commencement. The rules and AAA forms are available online at http://www.adr.org .
If you are required to pay a filing fee to commence an arbitration against Couldsee, then Couldsee will promptly reimburse you for your confirmed payment of the filing fee upon Couldsee' receipt of the second notice at the arbitration notice address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
The arbitration shall be conducted exclusively in English.
You and Couldsee agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties:
To the fullest extent permitted under law, you and Couldsee agree that you and Couldsee may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, representative, or consolidated proceeding.
Further, you agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then the entirety of this mandatory arbitration Section will be null and void.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Couldsee.
Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days upon a showing of good cause and in the interests of justice.
All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
The arbitrator shall apply the laws of Cyprus without regard to its conflicts of laws principles in conducting the arbitration.
You acknowledge that these Terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act ("FAA") will govern the interpretation, enforcement, and proceedings pursuant to this Section 15 in this Agreement. Any award rendered shall be final, subject to appeal under the FAA.
The foregoing provisions of this Section 15 do not apply to any claim in which either party seeks equitable relief to protect such party's copyrights, trademarks, patents, or other intellectual property.
For the avoidance of doubt, you acknowledge that, in the event Couldsee or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Couldsee, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
You and Couldsee agree that, notwithstanding any other rights a party may have at law or in equity, any claim arising out of or related to this Agreement (including the Privacy Policy) or the Service, excluding a claim for indemnification, must be initiated with the AAA or filed in court in Cyprus within one (1) year after the claim accrues.
Otherwise, such cause of action is permanently and forever barred. This one (1) year period includes the thirty (30) day pre-dispute procedure set forth in Section 15(b) above.
All claims you bring against Couldsee must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Couldsee may recover attorneys' fees and reimbursement of its costs, provided that Couldsee has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
In the event that Couldsee makes any material change to this Arbitration provision (other than a change to Couldsee' Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Couldsee' Arbitration Notice Address, in which case your account with Couldsee and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
If only the "No Class Actions" paragraph above or the entirety of this Section 12 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 20 (a) will govern any action arising out of or related to this Agreement.
In such a case you would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action. However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration.
You have the right to opt-out of this arbitration provision within thirty (30) days from the date that you use, or attempt to use, the service on or through this Website for the first time (whichever comes first) by writing to Themistokli Dervi, 6, 1066, Nicosia, Cyprus or https://couldsee.app/partnership/termsAndConditions .
For your opt-out to be effective, you must submit a signed written notice opting out and containing enough details about you for us to be able to identify you within 30 days. If more than thirty (30) days have passed, you are not eligible to opt out of this provision and you must pursue your claim through binding arbitration as set forth in this Agreement.
The following provisions are applicable for Members residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin.
You, the buyer, may cancel the terms and conditions of this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, please mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect.
This notice shall be sent to: Themistokli Dervi, 6, 1066, Nicosia, Cyprus or by e-mail to us at https://couldsee.app/partnership/termsAndConditions .
Please include your username and email address in any correspondence. Provided you cancel the Agreement in accordance with the abovementioned procedure, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made.
We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by posting the changed Agreement (or parts of it) to the Service; or otherwise giving you notice of the changes.
The changes shall be effective upon such posting by us or upon us giving you such notice, whichever is the earlier (unless we expressly indicate otherwise).
It is your responsibility to check our Service and your email account periodically for changes to these Terms and other parts of the Agreement.
Your continued use of or access to our Service following the effective date of any changes to the Agreement constitutes acceptance of those changes. This Agreement may not be changed by you, unless any changes proposed by you are expressly accepted by Couldsee in writing.
Any new features which are added to the Service shall also be subject to the Terms.
In this clause, the terms "change" and "changed" in relation to changes to the Agreement shall be interpreted broadly and shall include any and all modifications, amendments, revisions and restatements whatsoever, including adding or removing any portions of this Agreement.
We may assign or transfer all of our rights and obligations hereunder to any other person without providing you with the notice of such, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer.
You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).
Without prejudice to the provisions of the preceding clause, we may choose to notify you of changes to this Agreement by posting a notice via the Service, by sending you an email, or otherwise.
If we choose to notify you about changes to this Agreement or about other matters by email, each such notification shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided to us, even if:
To reduce the chance that it is so filtered, please add https://couldsee.app/partnership/termsAndConditions to your email contact book and whitelist this address as a "safe" or "approved" sender. In addition, you may wish to create a custom filter marking emails from this address as important emails for your high-priority inbox. Please contact your email service provider if you are not sure how to do any of that.
This Agreement will take full force and effect when you access the Service and will remain in effect while you use the Service.
After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination including, but not limited to, Sections 4, 6-21.
We reserve the right to take further action for our loss or the potential loss of other Members or third parties when necessary due to your breach of this Agreement, in our sole discretion.
You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "l ACCEPT", "l AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your Agreement and intent to be bound by this Agreement.
Pursuant to any applicable statutes, regulations, rules, ordinances or other laws or statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service.
Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
The laws of Сyprus, excluding its conflicts of law principles, govern this Agreement and your use of the Service.
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state courts in Cyprus, and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.
This Agreement and all other provisions referenced herein contains the entire agreement between you and Couldsee regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Couldsee shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software; epidemic and pandemics, for so long as such an event continues to delay Couldsee' performance.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Couldsee as a result of this Agreement or use of the Service.
Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.
Please Contact Us with any questions regarding this Agreement.