Last Update: October 10, 2023

1. Terms

Welcome to the Avatar.One mobile application (the “App”) and website (the “Site”, and together with the App, the “Platform”). These Terms of Use (“Terms”) govern your use of the Avatar.One Platform and the products and services that are offered through the Avatar.One Platform (the “Services”).Avatar.One may also provide certain products and services which are governed by separate terms. These Terms are entered into between you and MetaMundo, Ltd. (“Avatar.One” or “we”), No. 90 Main Street, Road Town, Tortola, British Virgin Islands, VG1110.
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By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. Avatar.One may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Avatar.One Platform. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
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SECTION 11 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European Economic Area (“EEA”), or any other country that does not allow such arbitration agreements, Section 11 does not apply to you.

If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Avatar.One has no obligation to, and will not, reimburse or refund you due to involuntary suspension or termination of your account.

2. Privacy

Your privacy is important to us. To better protect your privacy, we provide a policy explaining our online information practices and the choices you can make about the way your information is collected and used at this site. To review this notice, which forms part of these Terms of Use, please go here: Privacy Policy.

3. Use of the Services

3.1 Safe and Appropriate Use

You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Promotional Terms (as defined in these Terms), or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.

3.2 Health & Medical Disclaimers; Emergencies

Avatar.One is not a healthcare or medical device provider, nor should the Services be considered medical care, mental health services or other professional services. Avatar.One makes no claims, representations or guarantees that the Services provide any therapeutic benefit.Use of the Services is not for emergencies.

If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.If you are considering suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.

3.3 Eligibility and Account Registration

If you want to use certain Services, you will have to create an account with us (an “Account”). In order to access certain aspects of the Services you will also need to subscribe. You will also need access to a supported device and an Internet connection.

You agree that you won’t disclose your Account password to anyone, and you will notify us immediately of any unauthorized use of your Account. Avatar.One takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.

3.4 Account Suspension or Termination

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account.

You may terminate your Account and/or your subscription at any time by unsubscribing or deleting your account under your Settings page (checkout FAQs for a step by step guide), or by sending us an email at hi@avatar.one . Upon termination of any Services or your Account, the following provisions of these Terms will survive: Privacy, Content Ownership, Rights Granted by You, Credits, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.

3.5 Who May Use Our Services

The Services are intended solely for adult subscribers who are 18 years old and above.  Use of the Services by anyone under the age of 18 is strictly prohibited.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AVATAR.ONE DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY ANY USER WHO IS UNDER THE AGE OF 18.

4. Subscriptions; Content and Content Rights

Avatar.One offers users the ability to subscribe to the Platform via one or more subscription options, each with its own rate, and set of rights and restrictions as described on the Platform and subject to the license provisions set forth below.

Subject to the terms of your subscription (if applicable) and your compliance with these Terms, Avatar.One grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of the Services provides to be made available through Services.

You can terminate your subscription anytime
You may terminate your subscription at any time by unsubscribing you account under your Settings page (checkout FAQs for a step by step guide on how to do this), or by sending us an email at hi@avatar.one . Upon termination of any Services or your Account, the following provisions of these Terms will survive: Privacy, Content Ownership, Rights Granted by You, Credits, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.

4.1 Content Ownership

Avatar.One does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Avatar.One and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

4.2 Rights Granted by You

By making any User Content available through the Services you grant to Avatar.One a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow Avatar.One to benefit freely from the above rights, including but not limited to:

• The right to reproduce User Content by any means and in any form.
• The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time.
• The right to use the User Content for demonstration, promotion and advertising for all Avatar.One Services.
• The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Avatar.One or by any outside party of its choice.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Avatar.One on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Avatar.One or any third party designated by Avatar.One.

4.3 Feedback

You can submit feedback, comments, and suggestions for improvements to the Services (“Feedback”) by reaching out to us at hi@avatar.one. Feedback is a form of User Content.

4.4 Intellectual Property Policy

Avatar.One respects intellectual property rights and expects its users to do the same. It is Avatar.One’s policy to remove content that infringes on a third party’s intellectual property rights, and Avatar.One reserves the right to terminate Accounts that engage in repeat infringement. Avatar.One complies with the Digital Millennium Copyright Act (DMCA) and will respond to a valid claim of copyright infringement in accordance with the DMCA process.

If you believe that any content appearing on the Avatar.One Platform infringes your copyright rights, please forward the following information in writing to the Copyright Agent at the address and/or email address listed below:

• your name, address, telephone number, and email address;
• a description of the copyrighted work that you claim has been infringed;
• the exact URL or a description of each place where alleged infringing material is located;
• a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
• your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf;
• a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent c/o Avatar.One, No. 90 Main Street, Road Town, Tortola, British Virgin Islands, VG1110, and hi@avatar.one

Avatar.One seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

5. Conduct, General Prohibitions, and Avatar.One’s Enforcement Rights

You understand and agree that the Services may be used for, among other things, consensual, adult-oriented discussions and role-play, and that any illegal, non-consensual, or harmful Content is strictly forbidden. You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:

• collect, store or share any personally identifiable information of other users from the Service without their express permission;
• extract, scrape, or index the Avatar.One Platform, Service or Content (including information about users);
• use the Avatar.One Platform, the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms;
• attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Avatar.One, or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Avatar.One Platform, the Services or Content;
• bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Avatar.One or any of Avatar.One’s providers or any other third party (including another user) to protect the Services or Content;
• use, display, mirror, or frame the Services or any individual element within the Services, Avatar.One’s name, any Avatar.One trademark, logo, or other proprietary information, or the layout and design of the Avatar.One Platform without Avatar.One’s express written consent;
• post, publish, submit, store, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• access, tamper with, or use nonpublic areas of the Services, Avatar.One’s computer systems, or the technical delivery systems of Avatar.One’s providers;
• attempt to probe, scan, or test the vulnerability of any Avatar.One system or network or Service, or breach any security or authentication measures;
• use any meta tags or other hidden text or metadata utilizing an Avatar.One trademark, logo, URL, or product name without Avatar.One’s express written consent;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
• delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.

Although Avatar.One is not obligated to monitor access to or use of the Avatar.One Platform, the Services and/or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Avatar.One may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
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ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE AVATAR.ONE PLATFORM, IS A BREACH OF AVATAR.ONE’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

6. CREDITS

6.1  License to Credits and Virtual Goods.

The Services may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within the Avatar.One Platform (“Credits”) and (ii) gain access to (and certain limited rights to use) virtual goods within the Avatar.One Platform (“Virtual Goods” or “VG”). Regardless of the terminology used, Credits and VG represent a limited license right governed by these Terms. Subject to the terms of and compliance with these Terms, Avatar.One hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use Credits and VG obtained by you for your personal, non-commercial use and gameplay exclusively within the Avatar.One Platform. Except as otherwise prohibited by applicable law, Credits and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Credits and VG is being transferred or assigned hereunder. These Terms should not be construed as a sale of any rights in Credits and VG.
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Credits and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that Avatar.One may revise or take action that impacts the perceived value of or purchase price for any Credits and/or VG at any time except as prohibited by applicable law. Credits and VG do not incur fees for non-use; provided, however, that the license granted hereunder to Credits and VG will terminate in accordance with the provisions of these Terms, when Avatar.One ceases providing the Services, or these Terms are otherwise terminated. Avatar.One, in its sole discretion, reserves the right to charge fees for the right to access or use Credits or VG and/or may distribute Credits or VG with or without charge.

6.2 Earning & Purchasing Credits & Virtual Goods.

You may have the ability to purchase Credits or to earn Credits from Avatar.One for the completion of certain activities or accomplishments on the Avatar.One Platform. For example, Avatar.One may provide Credits upon the completion of an in-game activity, completing a task, or creating User Content. Once obtained, Credits and/or VG will be credited to your Account. You may purchase Credits and VG only within the Avatar.One Platform. Avatar.One may offer discounts or promotions on the purchase of Credits, and such discounts and promotions may be modified or discontinued by Avatar.One at any time without notice to you. Upon completing an authorized purchase of Credits, the amount of purchased Credits will be credited to your Account. Avatar.One may establish a maximum amount you may spend to purchase Credits per transaction and/or per day, which may vary depending on the associated Services. Avatar.One, in its sole discretion, may impose additional limits on the amount of Credits you may purchase or use, how you may use Credits, and the maximum balance of Credits that may be credited to your Account. You are solely responsible for all Credit purchases made through your Account regardless of whether or not authorized by you.

6.3  Balance Calculation.

If applicable, you can access and view your available Credits and VG in your Account when logged into your Account. Avatar.One reserves the right, in its sole discretion, to make all calculations regarding the available Credits and VG in your Account. Avatar.One further reserves the right, in its sole discretion, to determine the amount of and manner in which Credits are credited and debited from your Account in connection with your purchase of VG or for other purposes. While Avatar.One strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Avatar.One’s determination of the available Credits and VG in your Account is final, unless you can provide documentation to us that such calculation was or is intentionally incorrect.

6.4  Using Credits And Virtual Goods

All purchased Credits and/or VG may be consumed or lost by users in the course of participating games and other activities on the Avatar.One Platform according to the any rules applicable to currency and goods, which may vary depending on the associated Service. Credits and VG may only be used within the Avatar.One Platform. Credits and/or VG may never be used in connection with an agreement with other individuals to wager any money or other thing of value. The authorized uses and purposes of Credits and VG may change at any time. Your available Credits and/or VG as shown in your Account will be reduced each time you use Credits and/or VG within the Avatar.One Platform. The use of any Credits and/or VG constitutes a demand against and withdrawal from your available Credits and/or VG in your Account. You must have sufficient available Credits and/or VG in your Account in order to complete a transaction within the Avatar.One Platform. Credits and/or VG in your Account may be reduced without notice upon the occurrence of certain events related to your use of the Avatar.One Platform: For example, you may lose Credits or VG upon the loss of a game. You are responsible for all uses of Credits and/or VG made through your Account, regardless of whether or not authorized by you. You must notify Licensor immediately upon discovering the unauthorized use of any Credits and/or VG made through your Account by submitting a support request at hi@avatar.one

6.5  Non-Redeemable.

Credits and VG may only be redeemed for goods and services on the Avatar.One Platform. You may not sell, lease, license, or rent Credits or VG, or convert them into convertible virtual currency. Credits and VG may only be redeemed for goods or services on the Avatar.One Platform and are not redeemable for any sum of money or monetary value or other goods from Avatar.One or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. Credits and VG have no cash value, and neither Avatar.One nor any other person or entity has any obligation to exchange your Credits or VG for anything of value, including, but not limited to, real currency.

6.6  No Refund.

All purchases, including Credits and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Avatar.One has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such Credits and/or VG as it sees fit in its sole discretion, and Avatar.One shall have no liability to you or anyone else for the exercise of such rights.

6.7  No Transfers.

All purchases, including Credits and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Avatar.One has the absolute right to manage, regulate, control, modify, suspend, and/or elimAny transferring, trading, selling, or exchanging of any Credits or VG to anyone, other than on the Avatar Platform using the Services as expressly authorized by Avatar.One (“Unauthorized Transactions”), including, but not limited to, among other users of the Services, is not sanctioned by Avatar.One and is strictly forbidden. Avatar.One reserves the right, in its sole discretion, to terminate, suspend, or modify your Account and your Credits and VG if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to be responsible and liable to Avatar.One, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents for all damages, losses and expenses arising directly or indirectly from such actions. If we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Avatar.One may, in its sole discretion, restrict your access to your available Credits and VG in your Account or terminate or suspend your Account and your rights to any Credits, VG, and other items associated with your Account as it sees fit in its sole discretion, and Avatar.One shall have no liability to you or anyone else for the exercise of such rights.

6.8  Location.

Credits are only available to users in certain locations. You may not purchase or use Credits if you are not in an approved location.

7. Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

Periodically, Avatar.One may organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services (each a “Promotion”). In addition to these Terms, Promotions will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms”). By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these Terms. Avatar.One urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and any Promotional Terms, governs any information you submit in connection with such Promotions.

8. Third Party Websites or Resources

The Avatar.One Platform or Services may contain links to third party websites or resources. Avatar.One provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
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Avatar.One is not responsible for the availability or quality of third-party services, including cell phone networks, hotspots, wireless internet, and other services. Such third-party services may affect your ability to utilize the Services and you hereby waive and release Avatar.One and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third-party services.

9. Disclaimer of Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE AVATAR.ONE PLATFORM, THE SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORM AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
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YOU ASSUME ALL RISKS RELATING TO YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT AVATAR.ONE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. AVATAR.ONE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

10. Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AVATAR.ONE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVATAR.ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AVATAR.ONE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF CREDITS, OR FROM THE USE OF OR INABILITY TO USE THE AVATAR.ONE PLATFORM, THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVATAR.ONE AND YOU.

11. Dispute Resolution

Please read the following arbitration agreement (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Avatar.One (“Disputes”) and limits the manner in which you can seek relief therefrom. The Arbitration Agreement survives termination or expiration of these Terms.

11.1 Pre-Arbitration Dispute Resolution.

We are always interested in resolving Disputes amicably and efficiently, and most User concerns can be resolved quickly and to the User’s satisfaction by contacting customer support at hi@avatar.one.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (a “Notice”).  The Notice to us should be sent to Avatar.One, No. 90 Main Street, Road Town, Tortola, British Virgin Islands, VG1110 (the “Notice Address”).  The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought.  If we and you do not resolve the Dispute within sixty (60) calendar days after the Notice is received by us, you or we may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

11.2  Agreement to Arbitrate.

After the pre-arbitration dispute resolution process, you agree that any and all remaining Disputes that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), Credits, any aspect of the relationship or transactions between us, and any threshold questions of arbitrability of the Dispute, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (a) you may assert individual claims in small claims court within the scope of its jurisdiction, if your claims qualify and (b) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.

11.3  Arbitration Procedures.

You agree that any Dispute will be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Consumer Arbitration Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the Consumer Arbitration Rules. If there is any inconsistency between any term of the Consumer Arbitration Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and threshold arbitrability of this Arbitration Agreement or the Dispute.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
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Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by the arbitrator.  If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Consumer Arbitration Rules.  If your claim exceeds US$10,000, the right to a hearing will be determined by the Consumer Arbitration Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

11.4  Costs of Arbitration.

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Consumer Arbitration Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is US$10,000 or less, at your request, we will pay all Arbitration Fees.  If the value of relief sought is more than US$10,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Any payment of attorneys’ fees will be governed by the Consumer Arbitration Rules.

11.5  ARBITRATION OPT-OUT:

YOU MAY OPT OUT OF RESOLVING DISPUTES BY ARBITRATION BY EMAILING US AT HI@AVATAR.ONE WITHIN 30 DAYS OF FIRST ACCEPTING THE THESE TERMS, AND TELLING US YOU WOULD LIKE TO OPT OUT OF MANDATORY ARBITRATION, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THESE TERMS. YOU MUST INCLUDE YOUR FIRST AND LAST NAME, YOUR MAILING ADDRESS, YOUR EMAIL, AND YOUR MOBILE PHONE NUMBER IN THE EMAIL. IF YOU OPT-OUT OF THIS ARBITRATION AGREEMENT, WE WILL ALSO NOT BE BOUND BY ARBITRATION

11.6 Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S); EXCEPT THAT YOU MAY PURSUE A CLAIM FOR, AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

11.7 Confidentiality.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

11.8 Severability.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of the section above entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of these Terms will continue to apply.  If a court or the arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and the Terms shall be enforceable as so modified.

11.9 Future Changes to Arbitration Agreement.

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

12. General

12.1 Entire Agreement

These Terms, including our Privacy Policy, and any supplemental terms and conditions provided to you in connection with Promotions, constitute the entire and exclusive understanding and agreement between Avatar.One and you regarding the Platform, the Services, Credits, VG, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Avatar.One and you regarding the Platform, the Services, Credits, VG, and Content.

12.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Avatar.One’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Avatar.One may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

12.3 Force Majeure

Avatar.One shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

12.4 Notice

Any notices or other communications provided by Avatar.One under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Avatar.One Platform or Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.

12.5 Waiver

Avatar.One’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Avatar.One. 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.

12.6 Contact Information

If you have any questions about these Terms, the Platform, or the Services, please contact Avatar.One at hi@avatar.one, or No. 90 Main Street, Road Town, Tortola, British Virgin Islands, VG1110

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