LeviMensa Community Terms of Use
Last updated: July 10, 2025
Welcome and thank you for your interest in LeviMensa (hereinafter referred to as «Community Owner,» «we,» or «our») and our online community, as well as any mobile applications or other downloadable applications that we make available to access it (hereinafter collectively referred to as the «Community»). These Terms of Use constitute a legally binding contract between you and the Community Owner regarding your use of the Community.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCEPTING THESE TERMS, EITHER BY CLICKING «I AGREE» OR BY ACCESSING OR USING THE COMMUNITY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION OF YOUR USE AND ACCESS OF THE COMMUNITY, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE COMMUNITY OWNER'S PRIVACY POLICY (COLLECTIVELY, THE «TERMS») EITHER (A) ON YOUR BEHALF AS AN INDIVIDUAL PARTICIPANT, OR (B) IF YOU ARE ACCESSING THE COMMUNITY ON BEHALF OF AN ENTITY, ORGANIZATION OR COMMUNITY OWNER, ON BEHALF OF SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER FOR WHICH YOU ARE ACTING, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE COMMUNITY. YOUR USE OF THE COMMUNITY AND THE PROVISION OF THE COMMUNITY BY THE COMMUNITY OWNER CONSTITUTES AN AGREEMENT BETWEEN THE COMMUNITY OWNER AND YOU TO ABIDE BY THESE TERMS.
ARBITRATION NOTICE. Except for certain types of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that any disputes arising under these Terms will be settled by binding individual arbitration, and by agreeing to these Terms, you and the Community Owner each waive your right to a jury trial or to participate in any class action or representative proceeding.
1. Eligibility. You must be at least 18 years old to join the Community or have the consent of a parent or legal guardian. By accepting these Terms, you represent and warrant to us that: (a) you are at least 18 years old, or you are at least 13 years old and have obtained verifiable consent from a parent or legal guardian to join the Community; (b) you have not previously been suspended or removed from the Community; and (c) your registration and use of the Community comply with all applicable laws and regulations.
2. Accounts and Registration. To access most of the Community's features, you are required to create an account. When you create an account, you may be asked to provide us with certain information about yourself, such as your name, email address, or other contact details. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up-to-date at all times. Upon registration, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify us at sas@inxl.fr or by using the mechanisms made available by the community owner.
3. LICENSES
3.1 Limited License. Subject to your full and ongoing compliance with these Terms, the Community Owner grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: (a) install and use any mobile or other downloadable application provided to you by the Community Owner and associated with the Community on a mobile device owned or controlled by you; and (b) access and use the Community.
3.2. License Restrictions. Except to the extent such restriction is prohibited by applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the software that powers the Community; (b) make modifications to the software that powers the Community; or (c) interfere with or bypass any functionality of the Community, including any security or access control mechanism. If applicable law prohibits you from using the Community, you may not use it.
3.3. Feedback. We respect and value our users« opinions and feedback. If you choose to provide feedback and suggestions regarding existing features, issues, or proposals for modifications or improvements to the Community (»Contributions"), you hereby grant to the Community Owner and its Service Provider (defined in Section 16.1 below) an unlimited, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right and license to exploit the Contributions in any manner and for any purpose whatsoever, including for improving the Community and creating other products and services. We will not be obligated to attribute authorship to you for any Contributions you provide to us.
4. Ownership; property rights. The Community is managed by the Community Owner using a platform provided by the Service Provider. The visual interfaces, graphics, design, compilation, information, data, computer code (including source or object code), products, software, services and all other elements of the Community provided by the Community Owner or the Service Provider (the «Materials») are protected by intellectual property and other laws. All Materials included in the Community are the property of the Community Owner or its third-party licensors (including the Service Provider). Unless expressly authorized by the Community Owner, you may not use the Materials. No license is implied by these Terms, and the Community Owner and the Service Provider reserve all rights in the Materials not expressly granted in these Terms.
5. THIRD-PARTY CONDITIONS
5.1. Third-party services. The Community Owner may provide, through the Community, tools that enable integration with third-party platforms, add-ons, services or products not provided by the Community Owner («Third-Party Services»). If you request us to transmit data to or receive data from a Third Party Service on your behalf (including by enabling the applicable integration in the community settings), you authorize us and the Service Provider to collect, access, use, derive, disclose, generate, transfer, transmit, store, host or otherwise process («Process») such data, including User Content (as defined in Section 6.1 below), in connection with the applicable Integration, in a manner consistent with the Community features you have requested and the permissions granted to the Community Owner by the relevant Integration (which Processing may include, but is not limited to, performing queries on data held by the Third Party Service). You acknowledge and agree that your use of a Third Party Service is subject to your agreement with the relevant provider of such Third Party Service, and that the Community Owner and the Service Provider are not parties to such agreement. Community Owner and Service Provider do not control and are not responsible for Third Party Services, including their security, functionality, operation, availability or interoperability with the Community, or for the manner in which Third Party Services or their providers use User Content. All data received from Third Party Services on your behalf, as described herein, shall be considered User Content within the meaning of these Terms.
5.2. Third-Party Software. The Community may include or incorporate third-party software components that are generally available for free under licenses that grant recipients broad rights to copy, modify, and distribute such components («Third-Party Components»). Although the Community is provided to you under these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict your obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
6. USER CONDUCT
6.1 User Content in General. Certain Community features may allow Users to submit, upload, post, stream, or otherwise transmit («Post») content to the Community, including messages, reviews, photos, videos, or audio files (including sound or voice recordings and musical recordings embodied in the videos or audio files), images, files, data, text, and any other original work or other work («User Content»). You retain all copyright and other proprietary rights that you may hold in the User Content that you Post to the Community, subject to the licenses granted in these Terms.
6.2. Limited license granted to Community Owner. By posting User Content on or through the Community, you grant Community Owner and Service Provider a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense at multiple levels) to host, store, transfer, publicly display, publicly perform (including via digital audio transmission), communicate to the public, reproduce, modify for display purposes, create derivative works as permitted in these Terms, and distribute your User Content, in whole or in part, in all media formats and through all media channels, whether now known or later developed. All rights you grant in these Terms are granted to the audience, which means that the owners or operators of external services will have no separate liability to you or any third party for User Content posted or otherwise used on external services via the Community. You agree to pay all sums due to any person or entity resulting from the publication of your User Content and the exercise by the Community Owner or Service Provider of the license provided for in this section.
6.3. You must have rights to the content you post; User Content representations and warranties. You must not post User Content if you are not the owner or are not fully authorized to grant rights in all elements of such User Content, including any background music and any underlying musical work embodied in any sound recording. The Community Owner disclaims all liability with respect to User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Community. By providing User Content via the Community, you affirm, represent, and warrant that:
(a) you own or have the necessary licenses, rights, consents, and permissions to grant our community owner and community users the right to use and distribute your user content as needed to exercise the licenses you grant in this section, in the manner contemplated by the community owner, service provider, community, and these terms; ;
(b) your User Content, and the posting or other use of your User Content as contemplated in these Terms, does not: (i) infringe, violate, misappropriate, or otherwise violate any third party's rights, including copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or any other intellectual property, contract, or proprietary right; (ii) defame, libel, slander, or violate the privacy, publicity, or other proprietary rights of any other person; or (iii) cause the community owner or service provider to violate any law or regulation or to incur any additional licenses, royalties, fees, dues, or other amounts, or to provide attribution to third parties; and
(c) your User Content is not reasonably considered by any person to be objectionable, blasphemous, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6.4. Disclaimer regarding User Content. The Community Owner and the Service Provider are not required to edit or monitor any User Content posted by you or other users, and shall not be liable for any User Content. Community Owner or Service Provider may, however, at any time and without notice, filter, delete, modify or block any User Content that, in their sole discretion, violates these Terms, is alleged to violate the rights of third parties or is otherwise objectionable. You understand that, when using the Community, you will be exposed to User Content from a variety of sources and acknowledge that such User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against the Community Owner or Service Provider with respect to User Content. If a User or Content Owner reports that any User Content does not comply with these Terms, Community Owner may (or may authorize Service Provider to) investigate such allegation and determine whether to remove the User Content, which Community Owner and Service Provider reserve the right to do at any time, without notice and for any reason. For greater clarity, the community owner does not authorize illegal activities on the community.
6.5. Content Monitoring. The community owner and service provider do not control and have no obligation to monitor:
user content ;
(b) any content made available by third parties; or
(c) the use of the Community by its users. You acknowledge and agree that Community Owner and Service Provider reserve the right to monitor, and may from time to time monitor, all information transmitted or received through the Community for operational and other purposes. If, at any time, Community Owner or Service Provider elects to monitor content, Community Owner and Service Provider assume no responsibility for the content or for any loss or damage resulting from the use of the content. During monitoring, information may be reviewed, recorded, copied and used in accordance with the Community Owner's Privacy Policy. The community owner and service provider may block, filter, hide, delete or disable access to any user content uploaded or transmitted via the community without any liability to the user who posted such user content on the community or to any other user of the community.
6.6. Sexual abuse and exploitation of children. Community Owner and Service Provider prohibit any sexual or suggestive content, as well as any predatory or inappropriate behavior involving minors (i.e., users under the age of 18) or anyone appearing to be a minor. This includes sharing, offering or requesting content related to the exploitation of children, including child pornography (CSAM). If you have any doubts about content involving a minor, do not share it. To report sexual, suggestive or inappropriate behavior involving minors, you can use the online reporting feature on the website or app. When child pornography is identified, the offending content is removed as soon as possible and the associated account is banned. If the community owner and service provider confirm the presence of CSAM, we take the steps required by law to preserve and transmit the content concerned to the appropriate authorities. In the United States, federal law requires U.S.-based electronic service providers to report apparent cases of CSAM to the National Center for Missing and Exploited Children (NCMEC). NCMEC coordinates reports with law enforcement agencies worldwide in over 120 countries through its partner organization, the International Center for Missing and Exploited Children.
7. COMMUNICATIONS
7.1. Push Notifications. By installing our application on your mobile device, you agree to receive push notifications, which are messages that the application sends to your mobile device when you are not in the application. You can disable notifications by going to your mobile device's «settings».
7.2. In-App Notifications. When you install our app on your mobile device, we may send you in-app notifications. You can disable notifications in the app's «settings.».
7.3. Email. We may send you emails about our products and services, as well as those of third parties. You may unsubscribe from promotional emails by following the unsubscribe instructions in the promotional email itself. Even if you unsubscribe from our promotional messages, you will continue to receive administrative messages from us.
8. PROHIBITED CONDUCT. BY USING THE COMMUNITY, YOU AGREE NOT TO:
8.1 use the Community for any unlawful purpose or in violation of any local, regional, national, or international law; ;
8.2 harass, threaten, belittle, embarrass, intimidate, or otherwise harm any other User of the Community; ;
8.3 violate, encourage others to violate, or provide instructions on how to violate any third-party right, including by infringing or misappropriating any third party's intellectual property right; ;
8.4 access, search, or otherwise use any part of the Community using a bot, spider, crawler, any automated device, or manual process to access, search, or use any part of the Community, or to data mine, other than the search engines provided by the Community owner or service provider; ;
8.5 interfere with security-related features of the Community, including by: (a) disabling or circumventing features that prevent or limit the use, printing, or copying of any content; or (b) reverse engineering or attempting to discover the source code of any portion of the Community, except to the extent such activity is expressly permitted by applicable law; ;
8.6 interfere with the operation of the Community or any user's enjoyment of the Community, including but not limited to: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making unsolicited offers or advertisements to another user of the Community; (c) collecting personal information about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Community; ;
8.7 engage in any fraudulent activity, including impersonating any person or entity, falsely claiming an affiliation or identity, accessing any other Community account without authorization, or misrepresenting your age or date of birth; ;
sell or otherwise transfer the access granted under these Terms or any Content (as defined in Section 4 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Content; or
8.9 Attempting to commit, or assisting or enabling any person to commit, any of the acts described in this Section 8 (Prohibited Conduct).
9. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
9.1 Respect for Third-Party Rights. The Community Owner respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and requires Community users to do the same. No infringing activity will be tolerated on or through the Community.
9.2 DMCA Notification. We comply with the provisions of the U.S. Digital Millennium Copyright Act applicable to Internet Service Providers (17 U.S.C. § 512, as amended) and the Community is subject to the Service Provider's DMCA policy.
10. Changes to Terms. We may modify these Terms from time to time. Please check these Terms periodically for changes. The revisions will be effective immediately, except for existing users, for whom material revisions will be effective 30 days after notice is posted or sent, unless we indicate otherwise. We may require you to agree to the modified Terms in order to continue using the Community. If you do not agree to the modified Terms, you must delete your User Content and discontinue your use of the Community. Except as expressly provided in this Section 10 (Changes to Terms), these Terms may only be amended by a written agreement signed by authorized representatives of the parties to these Terms.
11. TERM, TERMINATION, AND MODIFICATION OF THE COMMUNITY
11.1 Duration. These Terms are effective as of the date you accept the Terms or the date you download, install, access, or use the Community for the first time, and shall continue until terminated in accordance with Section
11.2 (Termination).
Termination. If you violate any of the terms of these Terms, your authorization to access the Community and these Terms will automatically terminate. In addition, the Community Owner may, in its sole discretion, terminate these Terms or your account on the Community, or suspend or terminate your access to the Community, at any time, for any reason or for no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account at any time using the mechanism provided for this purpose within the Community or by contacting customer service at sas@inxl.fr.
11.3 Effects of termination. Upon termination of these Terms: (a) your rights of use will terminate and you must immediately cease all use of the Community; (b) you will no longer be permitted to access your account or the Community; (c) you must pay to the Community Owner any unpaid amounts that were due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3 (Comments), 4 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnification), 13 (Disclaimers; No Warranties by Community Owner), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration) and 16 (Miscellaneous) will remain in effect. You are solely responsible for retaining copies of any User Content you post on the Community, as upon termination of your account, you may lose your access rights to any User Content you have posted on the Community. If your account has been terminated for violation of these Terms, you are prohibited from creating a new account on the Community using a different name, e-mail address or any other form of account verification.
11.4. Modification of the Community. The Community Owner reserves the right to modify or discontinue all or part of the Community at any time (including by limiting or discontinuing certain Community features), temporarily or permanently, without notice. The Community Owner shall have no liability for any modifications made to the Community, including any paid features of the Community, or any suspension or termination of your access to or use of the Community. You must retain copies of any user content you post on the Community in order to have permanent copies of it in the event the Community is modified in such a way that you lose access to user content you have posted on the Community.
12. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Community, and you will defend, indemnify and hold harmless the Community Owner, its affiliates and their respective shareholders, directors, officers, members, employees, consultants and agents (collectively, the «Specified Entities») and the Service Provider from and against any and all third party claims, liabilities, damages, losses and expenses, including attorneys' fees and costs, arising out of or relating to: (1) your unauthorized or improper use of the Community; (2) your breach of any part of these Terms, any representation, warranty or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any right of a third party, including any intellectual property right or right to image, confidentiality, other property or privacy; or (4) any dispute or controversy between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect thereto), and in such event, you agree to cooperate with our defense of such claims.
13. DISCLAIMER; NO WARRANTIES FROM COMMUNITY OWNER
13.1. THE COMMUNITY AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS. THE COMMUNITY OWNER AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMMUNITY AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PAISIBLE ENJOYMENT OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF THE HABITUAL CONDUCT OF BUSINESS, USE OR TRADE. THE COMMUNITY OWNER AND ITS SERVICE PROVIDER DO NOT WARRANT THAT THE COMMUNITY OR ANY PART OF THE COMMUNITY, OR ANY MATERIAL OR CONTENT OFFERED THROUGH THE COMMUNITY, WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE COMMUNITY OWNER DOES NOT WARRANT THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
13.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMMUNITY, SPECIFIED ENTITIES, OR THE SERVICE PROVIDER, OR FROM ANY MATERIAL OR CONTENT AVAILABLE THROUGH THE COMMUNITY, SHALL CREATE ANY WARRANTY CONCERNING THE SPECIFIED ENTITIES OR THE COMMUNITY THAT IS NOT EXPRESSLY STATED HEREIN. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM THE COMMUNITY AND YOUR RELATIONSHIPS WITH ANY OTHER USER OF THE COMMUNITY. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PART OF THE COMMUNITY AT YOUR SOLE DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE COMMUNITY) OR FOR ANY LOSS OF DATA, INCLUDING USER CONTENT.
13.3. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY IN THIS SECTION 13 (DISCLAIMERS; NO WARRANTIES FROM COMMUNITY OWNER) APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. The Community Owner does not waive any warranties or other rights that the Community Owner is not permitted to waive under applicable law.
14. LIMITATION OF LIABILITY
14.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DESIGNATED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COMMUNITY OR ANY COMMUNITY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE DESIGNATED ENTITY OR SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
14.2. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 15.5 (COMMENCEMENT OF ARBITRATION) AND 15.7 (ARBITRATION AWARD) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SPECIFIED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ANY PORTION OF THE COMMUNITY OR OTHERWISE UNDER THESE TERMS, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMMUNITY OWNER FOR ACCESS TO AND USE OF THE COMMUNITY IN THE 12 MONTHS PRECEDING THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, AND (B) €100.
14.3. WITHOUT LIMITING THE FOREGOING, YOU AND THE COMMUNITY OWNER AGREE THAT THE SERVICE PROVIDER IS NOT A PARTY TO THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AGREE THAT IF YOU BRING ANY ACTION AGAINST THE SERVICE PROVIDER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THAT CLAIM SHALL BE SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 15, AND THE SERVICE PROVIDER SHALL BE DEEMED TO BE A THIRD-PARTY BENEFICIARY OF SUCH PROCEDURES, SOLELY FOR THE PURPOSE OF SUCH CLAIM.
14.4. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, A DISCLAIMER OF WARRANTY, OR AN EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS of the BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL other PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 (LIMITATION OF LIABILITY) SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. DISPUTE RESOLUTION AND ARBITRATION
15.1. General. Arbitration involves a neutral arbitrator rather than a judge or jury, is less formal than court procedures, may allow for more limited discovery than in court, and is subject to very limited court review. This Dispute Arbitration Agreement includes all claims, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS, YOU AND THE COMMUNITY OWNER EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
15.2. Exceptions. Although we agree to resolve most disputes between us through arbitration, nothing in these Terms will be considered a waiver, exclusion, or limitation of either party's right to: (a) bring an individual claim in a small claims court; (b) bring an enforcement action before the applicable federal, state, or local agency, if such action is available; (c) seek injunctive relief from a court to aid arbitration; or (d) bring an action in court to enforce an intellectual property infringement claim.
15.3. Withdrawal. If you do not wish to resolve disputes through binding arbitration, you may opt-out of the provisions of this Section 15 (Dispute Resolution and Arbitration) within 30 days of the date you accepted these Terms by sending a letter to LeviMensa, Attn: Legal Department - Arbitration Opt-Out, 26 rue du Commandant René Mouchotte, 75014 Paris, stating: your full name, the e-mail address associated with your account on the Community and a statement indicating that you wish to opt-out of arbitration («Opt-Out Notice»). Once the Community Owner has received your Opt-Out Notice, this Section 15 (Dispute Resolution and Arbitration) shall be null and void and any action arising under these Terms shall be resolved in accordance with Section 16.3 (Governing Law). The other provisions of these Terms shall not be affected by your notice of withdrawal.
15.4. Arbitration. This arbitration agreement, as well as any arbitration between us, shall be governed by the Federal Arbitration Act and administered by JAMS pursuant to the applicable Consumer Arbitration Rules (collectively, the «JAMS Rules») as modified by these Terms. JAMS Rules and filing forms are available online at www.jamsadr.com, by calling JAMS at +1-800-352-5267, or by contacting the Community Owner.
15.5. Commencement of arbitration. Before commencing arbitration proceedings, a party must first send written notice of the dispute to the other party by U.S. registered mail or Federal Express (with signature required) or, only if such other party has not provided a valid physical address, by electronic mail («Arbitration Notice»). The community owner's address for notice is: LeviMensa, 26 rue du Commandant René Mouchotte, 75014 Paris. The Notice of Arbitration shall: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought («Claim»). The parties will endeavor in good faith to resolve the Claim directly, but if they fail to reach an agreement within 30 days of receipt of the Notice of Arbitration, you or the Community Owner may initiate arbitration proceedings. If you initiate arbitration proceedings in accordance with these Terms, the Community Owner will refund your filing fee, unless your claim exceeds US$10,000 or the Community Owner has received 25 or more similar arbitration requests, in which case payment of the fee will be decided in accordance with JAMS rules. If the arbitrator finds that the merits of the claim or the relief sought in the Request is frivolous or brought for an improper purpose (under the criteria set forth in Federal Rule of Civil Procedure 11(b)), payment of all fees will be governed by the JAMS rules and the other party may seek reimbursement of fees paid to JAMS.
15.6. Arbitration procedure. Any arbitration hearing will take place in the county and state of your residence, unless otherwise agreed by us or if the claim is less than or equal to 10,000 EUR (and is not seeking injunctive relief), in which case you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) by means of a telephone or video hearing; or (c) by an in-person hearing, in accordance with JAMS rules, in the county (or parish) of your place of residence. During arbitration, the amount of any settlement offer made by you or the community owner shall not be disclosed to the arbitrator until the arbitrator has rendered his or her final decision and, if applicable, award. Regardless of how the arbitration is conducted, the arbitrator must issue a written decision with reasons sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
15.7. Arbitral remedy. Except as provided in Section 15.8 (No Class Actions), the arbitrator may award any relief that would have been available had the claims been brought in a court of competent jurisdiction. If the arbitrator awards you an amount greater than the last written settlement amount proposed by the community owner prior to the selection of an arbitrator, the community owner will pay you the greater of (a) the amount awarded by the arbitrator and (b) $10,000 U.S. dollars. The arbitrator's award is final and binding on all parties, except (1) in the event of judicial review expressly authorized by law or (2) if the arbitrator's award includes injunctive relief against a party, in which case that party has the right to seek judicial review of the injunctive relief before a court of competent jurisdiction that is not bound by the arbitrator's application or conclusions of law. Judgment on the arbitral award may be given by any competent court.
15.8. No Class Actions. YOU AND THE COMMUNITY OWNER AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Community Owner agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.9. Modifications to this Arbitration Clause. If the Community Owner makes a material modification to this Arbitration Clause, you may reject that modification by sending us written notice within 30 days of the modification to the Community Owner’s address for arbitration notices, in which case your account with the Community Owner will be immediately terminated and this Arbitration Clause, as in effect immediately prior to the modifications you rejected, will remain in effect.
15.10. Applicability. If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if the Community Owner receives notice of opt-out from you, then this entire Section 15 (Dispute Resolution and Arbitration) shall be null and void and, in such case, the exclusive jurisdiction and venue described in Section 16.3 (Governing Law) shall govern any action arising out of or relating to these Terms.
16. DIVERS
16.1 Third-Party Beneficiary. The Community is powered by a technology platform provided by CircleCo, Inc. (the «Service Provider»). You and we acknowledge and agree that (a) the Service Provider is a third-party beneficiary to these Terms, (b) it shall benefit from the rights and protections afforded hereunder, and (c) it may enforce these Terms against you as if it were an original party hereto.
16.2 Terms and Conditions. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and Community Owner with respect to your use of the Community. These Terms or any rights hereunder may not be assigned, in whole or in part, by us or by you, by operation of law or otherwise, without the prior written consent of our Service Provider. Our failure to require performance of any provision will not affect our right to require performance at any other time thereafter, and our waiver of any breach or default of these Terms or any provision of these Terms will not constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headings in these Terms is for convenience only and shall not affect the construction or interpretation of any provision. In these Terms, the term «including» means «including, but not limited to». If any portion of these Terms is held invalid or unenforceable, the unenforceable portion will be enforced to the maximum extent possible, and the remaining portions will remain in full force and effect.
16.3. Governing Law. These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. You and the community owner submit to the personal and exclusive jurisdiction of the state and federal courts located in Kings County, New York, for the resolution of any disputes or legal proceedings authorized under these Terms. The service provider operates the service we use to provide the community from its offices in New York, and we make no representation as to the suitability or availability of the Contents included in the community for use in other locations.
16.4. Privacy Policy. You understand and agree to the processing of your personal data in connection with the Community in accordance with the community owner's Privacy Policy, which is incorporated by reference into Section 16.4 of these Terms.
16.5 Electronic Communications Consent. By using the Community, you agree to receive certain electronic communications from us, as further described in our Privacy Policy. Please review our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including those that such communications be in writing.
16.6 Notice to California Residents. If you are a California resident, in accordance with Cal. Civil Code § 1789.3, you may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1-800-952-5210 to resolve a complaint regarding the Community or to receive further information regarding use of the Community.
17. Apple Notice. This Section 17 (Apple Notice) applies only to the extent that you use our mobile application on an iOS device. You acknowledge that these Terms are between you and the Community Owner only, and not with Apple Inc («Apple»), and that Apple is not responsible for the Community or its content. Apple has no obligation to provide maintenance or support services for the Community. If the Community fails to comply with any applicable warranty, you may notify Apple, which will refund the applicable purchase price of the mobile application. To the maximum extent permitted by applicable law, Apple has no other warranty obligations with respect to the Community. Apple is not responsible for dealing with any claims by you or third parties relating to the Community or your possession and/or use of the Community, including: (1) product liability claims; (2) any claim that the Community does not comply with any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for investigating, defending, settling or discharging any third party claim that the Community and/or your possession and use of the Community infringe any third party's intellectual property rights. You agree to comply with all applicable third party terms and conditions when using the Community. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple shall have the right (and shall be deemed to have accepted such right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country embargoed by the U.S. government or designated by the U.S. government as a «state sponsor of terrorism»; and (b) you are not on any U.S. government list of prohibited or restricted parties.
