Welcome to www.sambreel.com (the "Site"), operated by Sambreel LLC (the "Company" ). The Company is based in the United States and the Site is hosted in the United States.
PLEASE READ THROUGH THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
The Site is intended for users aged 18 years and above. To use the Site, you may also be required to register an account on the Site. Any registration information you submit to create an account must be accurate and kept up to date. You are responsible for maintaining the confidentiality of any Site password and for all use of your account. You agree not to use the account, username, email address or password of another user at any time. You agree to notify the Company immediately if you suspect any unauthorized use of, or access to, your account or password. You may terminate your account at any time, for any reason. The Company may terminate your account and/or access to the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. This Agreement will remain in effect after termination of access to the Site.
The Site may contain information, software, text, files, images, video, sounds, musical works, works of authorship, applications, and other materials or content belonging to the Company, the Company's licensors, partners, and affiliates, and other third parties (collectively, "Company Content"). All Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and the Company, the Company owns and retains all rights in the Company Content. Upon your assent to this Agreement, the Company hereby grants you a limited, revocable, nonsublicensable license to access the Site, and use and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with your authorized use of the App. Except as expressly permitted by the Company, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Company Content.
Except as expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Company Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Company Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Company Content unless authorized by the Company. You may not build a business utilizing the Company Content, whether or not for profit.
The Site is offered for your personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by the Company. The Company reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Site (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the Site. You understand that the Company does not control the User Content and the Company assumes no responsibility or liability for objectionable User Content. If you become aware of misuse of the Site, please report this immediately to the Company. The Company assumes no responsibility for monitoring the Site for inappropriate User Content or conduct. If at any time, the Company chooses in its sole discretion to monitor the Site, the Company nonetheless assumes no responsibility for User Content other than Company Content, and assumes no obligation to modify or remove any inappropriate User Content, or responsibility for the conduct of any user.
You agree not to use the Site to:
The Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by the Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this Agreement, including but not limited to, terminating their access and/or reporting such User Content, conduct, or activity to law enforcement authorities.
The Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Site; provided, however, that User Content shall not include any content posted by a user that is already owned by the Company or any Affiliated Company. By posting any User Content on, through or in connection with the Site, you hereby grant to the Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Site or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. The Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Site.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Site, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Site and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Site or Third Party Services.
The Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The Company has a policy of terminating repeat infringers' access to the Site in appropriate circumstances.
If you believe that any material displayed through the Site infringes your copyright, please send the Company's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. The Company's Copyright Agent for notification of claimed infringement can be reached as follows: 5857 Owens Ave, Suite 300, Carlsbad, CA 92008. Attn: Copyright Agent and Legal Department. The Company's Copyright Agent for notification of claimed infringement can also be reached electronically firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Site. The Company reserves the right, but has no obligation, to become involved in any way with these disputes.
The use of the Site is at your own risk. The Site is provided "AS-IS" and "as available" and the Company does not guarantee or promise any specific results from use of the Site. The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, the Company makes no warranty that your use of the Site will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Site or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will the Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site, problems or technical malfunction in connection with use of the Site, any material downloaded or otherwise obtained in connection with the Site, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Site, or the conduct of any users of the Site, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of the Company.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SITE.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a letter to the Company briefly summarizing the claim and the request for relief. The letter shall be sent to Sambreel LLC, 5857 Owens Avenue, Suite 300, Carlsbad, CA 92008; Attn: Legal Department. If the dispute is not resolved within 60 days after the letter is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating in any way to your use of the Site and any Company services relating to the Site shall be resolved by final and binding arbitration. The arbitration shall take place in San Diego County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association (collectively, the "Rules"). Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to San Diego to participate in the arbitration.
If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $125 base fee. This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above-prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: 1. The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following. Within 30 days of downloading the App, you must send a letter to Sambreel LLC, 5857 Owens Avenue, Suite 300, Carlsbad, CA 92008; Attn: Legal Department that specifies (1) your name, (2) your mailing address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision herein to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company’s address), you may reject any such change by sending a letter to the Company within 30 days of the change to the 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 provision.
Your letter must be postmarked by the applicable 30-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 30-day deadline.
You agree to indemnify and hold the Company, its Affiliated Companies, contractors and other partners, and each of their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand (including reasonable attorneys' fees), made by any third party due to or arising out of your use of the Site or the Services, your breach of this Agreement, your violation of any rights of any third party (including any third party website terms of service or privacy policies), or from any content that you post or otherwise submit on, through or in connection with the Services. Your indemnification obligation will survive this Agreement and your use of the Site and the Services.
The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have questions about this Agreement, please contact us as described below:
5857 Owens Ave, Suite 300
Carlsbad, CA 92008
Attn: Legal Department