a. Limitation of Liabilities
You acknowledge and agree that (i) in no event Picvario or its directors, members, employees or agents will be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the user content or the Picvario's materials contained in or accessed through the services, including any damages caused by or resulting from your reliance on any information obtained from Picvario, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Picvario's records, programs or services even if Picvario or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose, even if Picvario or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose; (ii) in no event will the aggregate liability of Picvario, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site, the services, the products, the user content or the Picvario's materials, exceed compensation you pay, if any, to Picvario for access to or use of the site or the services or for the purchase of products. b. Indemnification
You acknowledge and agree that (i) your use of the Picvario's products and services is subject to all applicable local, state/provincial, national and international laws and regulations; (ii) if you and Picvario do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section; (iii) you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury; (iv) the Agreement and your use of the Picvario's products and services will be governed by and construed in accordance with the commercial arbitration rules of the American Arbitration Association; and (v) all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party. d. Agreement to Arbitrate & Waiver
You acknowledge and agree to arbitrate any dispute arising from these Terms or relating to the Picvario's products and services, this web-site or any Picvario's materials. Arbitration prevents you from suing in court or from having a jury trial.
You acknowledge and agree (i) to attempt informal resolution prior to any demand for arbitration; (ii) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association; and (iii) that this section does not prevent the parties from seeking public injunctive relief in a court of competent jurisdiction, and you and Picvario are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
You acknowledge and agree that (i) you may bring claims against Picvario only on an individual basis and not as part of any purported class or representative action or proceeding; (ii) unless both you and Picvario 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. e. Notice of Dispute
You acknowledge and agree (i) that in the event of a dispute against Picvario, you must give Picvario a 30-days Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested; and (ii) you must send any Notice of Dispute via email to: email@example.com f. Severability
You acknowledge and agree that (i) if any provision of these Terms are held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect; (ii) any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. g. Geographic Restrictions
Picvario is based in Russia and provided for access and use primarily by persons located in Russia and is maintains compliance with Russia laws and regulations. If you use the Picvario application from outside Russia, you are solely and exclusively responsible for compliance with local laws.