These Terms of Service (the "Terms") constitute a legally binding agreement (the "Agreement") between you and 808 Labs SAS, 10 rue de Penthievre, 75008 Paris, registered with the Paris Trade and Companies Register under number 835 138 181 ("808 Labs") and which governs your access to the services for connecting Users and Suppliers (btu-earn.com), the website (btu-direct.com) and its mobile applications ("BTU Cashback", "BTU Direct" and "Verso"), together referred to below as the "Platform".
The terms "808 Labs", "we", "us", "our" or "ours" used in these Conditions refer to the 808 Labs company with which you enter into a contract.
Suppliers are solely responsible for identifying, understanding and complying with all laws, rules and regulations applicable to their Advertisements and Services offered. It is the sole responsibility of Suppliers to identify and obtain the necessary permits, licenses or registrations for the Services offered. Certain types of Services offered by the Supplier are totally prohibited. Sanctions may include fines or other coercive measures.
1.1 The Platform allows users (the "Users") and certain third parties who provide services (Users and third parties who provide services are "Suppliers" and the services they provide are "Supplier Services") to publish these Supplier Services on the Platform (the "Ads") and to communicate and deal directly with Users who wish to book these Supplier Services (Users who use Supplier Services are "Travelers"). The Supplier's Services may include the rental of hotels or apartments for holidays or for business purposes (the "Accommodations"), one-day or multi-day activities in different categories (the "Experiences"), access to unique events and places (the "Events"), vehicle rental or reservation of means of transport (the "Transports"), as well as other varied services, whether or not related to travel, such as the delivery of craft products.
1.2 As publisher of the Platform, 808 Labs does not own, create, sell, resell, supply, control, manage or offer any Advertisements or Services offered by the Supplier. Nor is 808 Labs an organizer or retailer of package holidays within the meaning of Directive (EU) 2015/2302. Suppliers are solely responsible for their Advertisements and Services offered by the Supplier. When Users make or accept a reservation, they enter into a contract between themselves and the Supplier directly. 808 Labs is not and does not become a party to any contract between Users and Suppliers, is not involved in the contractual relationship between Users and Suppliers and is neither a broker nor an insurer. 808 Labs does not act as an agent of any User or Supplier.
1.3 808 Labs cannot facilitate the resolution of disputes. 808 Labs does not control or guarantee (i) the existence, quality, safety, security, adequacy or legality of the Supplier's Advertisements or Services, (ii) the veracity or accuracy of the descriptions of the Advertisements, Ratings, Comments or other Content (as defined below), or (iii) the services or behaviour of any User or third party. 808 Labs does not approve any User, Advertisement or Supplier Service. All references to a "verified" User (or any similar term) only mean that the User has been subject to an appropriate verification or identification procedure (for example, indicating that his or her telephone number is valid), and nothing else. Such a description does not constitute an approval, certification or warranty by 808 Labs about a User, including its identity, history, reliability or reliability.
1.4 If you choose to use the Platform as a Supplier, your capacity with respect to 808 Labs is limited to that of an independent third party contractor, and not that of an employee, agent, Joint venture partner or partner of 808 Labs for any reason whatsoever, you are acting exclusively for your own account and profit, and not for or for the benefit of 808 Labs. 808 Labs does not direct or control you, and shall not be considered to be directing or controlling you, either generally or pursuant to these Terms, including in connection with the Supplier's provision of Services. You acknowledge and agree that you have full discretion to advertise your proposed Services or otherwise engage in other business activities or employment.
1.5 In order to promote the Platform and increase the visibility of Advertisements to potential Travellers, Advertisements and other forms of Content may be published on other websites, in applications and e-mails, as well as in online and offline advertising. To assist Users who speak another language, Advertisements and other forms of Content may be translated, in whole or in part, into other languages. 808 Labs cannot guarantee the accuracy or quality of these translations and it is your responsibility to verify the accuracy of these translations. The Platform may contain translations provided by Google. Google's business rules therefore apply here. 808 Labs disclaims all express or implied liability for the content of translations, including accuracy, reliability and any implied warranty of marketability, fitness for a particular purpose and non-infringement.
1.6 The Platform may contain links to third-party websites or resources (the "Third Party Services"). These Third Party Services may be subject to different terms of service and personal data protection practices. 808 Labs is not responsible for the availability or accuracy of these Third Party Services, or the content, products or services available through these Third Party Services. Links to these Third Party Services should not be construed as an endorsement by 808 Labs of these Third Party Services.
1.7 Due to the nature of the Internet, 808 Labs cannot guarantee the uninterrupted and continuous availability and accessibility of the Platform. 808 Labs may limit the availability of the Platform or certain areas or features of the Platform if necessary due to limited capacities, to preserve the security or integrity of our servers, or to perform maintenance operations to ensure the proper functioning or improve the functioning of the Platform. 808 Labs may improve or modify the Platform and add new 808 Labs Services at any time.
2.1 By accessing or using the Platform, you certify that you are at least 18 years old and have the capacity and authority to contract on your behalf or on behalf of the company you represent.
2.2 You undertake to comply with all export control laws in force in your country. You also certify that (i) you do not reside, and your Service(s) are not provided, in a country under European Union embargo, and (ii) you are not on any European Union or United States federal state sanction list.
2.3 808 Labs may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as submission to a verification procedure, satisfaction of certain quality and eligibility criteria, achievement of certain rating or comment thresholds, or a booking and cancellation history.
2.4 Verification of users on the Internet is difficult, and we assume no responsibility for confirming the identity of any User. Notwithstanding the foregoing, for the sake of transparency and fraud prevention, subject to applicable laws, we may, but are not required to, require Users to undergo certain checks to verify the identity and background of Users.
2.5 Access to and use of certain areas and features of the Platform may be subject to separate policies, standards or rules, or may be subject to your acceptance of additional terms and conditions. In the event of a conflict between these Terms and other terms and conditions applicable to a specific area or feature of the Platform, the latter shall prevail with respect to your access to and use of that area or feature, unless otherwise specified.
2.6 If you access or download the Application from the Apple App Store, you accept the Apple Licensed Application End User License Agreement. Some parts of the Platform use Google Maps/Google Earth mapping services, including Google Maps APIs. Your use of Google Maps/Earth is subject to the Additional Google Maps/Google Earth Terms and Conditions.
808 Labs reserves the right to modify these Terms and Conditions at any time in accordance with this article. If we change these Terms and Conditions, we will post the amended Terms and Conditions on the Platform by changing the "Last Updated" date at the top of the Terms and Conditions. We will also inform you by e-mail of any changes at least thirty (30) days before their effective date. If you do not agree with the amended Terms and Conditions, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the effective date of the amended Terms and you continue to access or use the Platform, you will be deemed to have accepted the amended Terms.
4.1 You must request or offer "API" access to access and use certain features of the Platform, such as publishing your Advertisements. If you use access for a company or other legal entity, you certify that you have the authority to legally bind such entity and to grant us all authorizations and licenses provided for in these Terms. In particular the rights of use free of charge of the API to which the Platform will be connected. The Supplier undertakes to keep informed within a reasonable time of any modification of its API so that 808 Labs can make the necessary modifications to any developments that may have been carried out by 808 Labs, with a minimum period of 1 month before the API modifications are put into service by the Supplier.
4.2 You must enter accurate, up-to-date and complete information during the registration process and keep the information up to date.
4.3 You are prohibited from creating multiple accesses unless 808 Labs authorizes you to do so. You are prohibited from assigning or otherwise transferring your access to another party.
4.4 It is your responsibility to maintain the confidentiality and security of your access. If you believe or have reason to believe that your access has been lost, stolen, misappropriated or compromised in any way, or in the event of actual or suspected unauthorized use of your API, you must immediately notify 808 Labs. You are responsible for all activities conducted with your access, unless you have not authorized such activities and have not otherwise been negligent.
5.1 808 Labs may allow Users, in its sole discretion, to (i) create, upload, publish, send, receive or store content, such as text, photos, audio or video content, or other documents and information on or through the Platform (the "Content"), and (ii) to access and view the Content and any content made available by 808 Labs on or through the Platform, including 808 Labs' proprietary content and any content licensed or authorized by a third party to be used by 808 Labs (the "808 Lab Content", and in conjunction with the Content, the "Collective Content").
5.2 The Platform, the 808 Labs Content and the Content may be fully or partially protected by copyright, trademark law and/or other laws of France and other countries. You acknowledge and agree that the 808 Labs Platform and Content, including all associated intellectual property rights, are the exclusive property of 808 Labs and/or its licensors or third parties who have granted it permission. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated into or accompanying the Platform, the 808 Labs Content or the Content. All 808 Labs trademarks, service marks, logos, trade names and other distinctive signs used on or in connection with the 808 Labs Platform and Content are trademarks or registered trademarks of 808 Labs in France and other countries. Third party trademarks, service marks, logos, trade names and other proprietary designations used on or in connection with the Platform, 808 Labs Content and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You may not use, reproduce, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, transmit, publicly perform, broadcast or otherwise exploit the Platform or the Collective Content, except if you are the full owner of the Content concerned, or if these Terms expressly authorize you to do so. No license or right is granted to you, implicitly or otherwise, under any intellectual property right owned or controlled by 808 Labs or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 By creating, uploading, publishing, sending, receiving, receiving, storing or otherwise making available any Content on or through the Platform, you grant 808 Labs a nonexclusive, worldwide, royalty-free, irrevocable, perpetual (or for the duration of the protection) license, transferable and sublicenses Content to access, use, store, reproduce, modify, create derivative works from, distribute, publish, transmit, distribute and otherwise exploit such Content to provide and/or promote the Platform in any medium. Except with your express consent, 808 Labs will not claim any ownership rights in any Content, and nothing in these Terms and Conditions shall be deemed to limit your rights to use or exploit your Content.
5.5 808 Labs may offer Suppliers the opportunity to use professional photographers to take pictures of their Services, which are made available to Suppliers for insertion in their Advertisements with or without watermarks or markings bearing the words "Photo verified by BTU Protocol" or other similar words (the "Verified Images"). It is your responsibility to verify that your proposed Service is accurately represented in the Verified Images and you must stop using the Verified Images on or via the Platform if they no longer correctly represent your Advertisement, if you no longer provide the Service offered by the Supplier presented or if your access is terminated or suspended for any reason. You acknowledge and agree that 808 Labs has the right to use any verified Image for advertising, marketing and/or other commercial purposes in any medium, whether in connection with your Advertisement or not, without informing you or paying you. If 808 Labs is not the exclusive owner of the Verified Images, by using such Verified Images on or through the Platform, you grant 808 Labs an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of protection), assignable and sublicensable license to use such Verified Images for advertising, marketing and/or other commercial purposes in any medium, whether in connection with your Ad or not, without informing you and without compensation. 808 Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable and non-revocable license to use verified Images outside the Platform solely for your personal and non-commercial use.
5.6 You are solely responsible for all Content that you make available on or via the Platform. Therefore, you represent and warrant that: (i) you are either the sole and exclusive owner of all Content that you make available on or through the Platform, or you have all the rights, licenses, consents and authorizations necessary to grant 808 Labs the rights to such Content, as provided in these Terms; and (ii) neither the Content, nor your publication, uploading, publication, submission or transfer of the Content, nor the use by 808 Labs of the Content (or any part thereof) will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral or other proprietary or intellectual property rights, or publicity or privacy rights of any third party, nor will it result in the violation of any applicable law or regulation.
5.7 You may not post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, slanderous, obscene, pornographic, vulgar or offensive; (iii) incites discrimination, fanaticism, racism, intolerance, hatred, harassment or harm against an individual or a group; (iv) is violent or threatening or promotes violence or threatening acts against any other person or animal; (v) encourages the activities or use of illegal or dangerous substances; or (vi) violates the 808 Labs Content Policy or any other 808 Labs policy. 808 Labs may, without notice, remove or disable access to any Content that 808 Labs deems contrary to these Terms or to the current policies or standards of 808 Labs, or potentially harmful or unacceptable to 808 Labs, its Users, third parties or property.
5.8 808 Labs respects copyright laws and expects Suppliers to do the same. If you believe that any content on the Platform infringes your copyright, please notify us by email at email@example.com.
6.1 808 Labs does not charge any service fees to Suppliers or Travellers for using the Platform. However, the use of the platform may result in costs owed by the Supplier to third parties (for example, for the use of the Internet, the use of the blockchain or the purchase of software tokens).
6.2 As a Supplier, you are required to offer a Reward to the Traveller or User identified by his "BTU" address at the time the reservation is paid for and is no longer refundable. The Reward consists of "BTU" software tokens, the number of which is calculated on the basis of the amount actually paid by the User and reflecting the commitments in the Advertisement as well as the Supplier's specific conditions, if any.
6.3 The Rewards are not refundable by the Traveller (or the User). It is the Supplier's responsibility to ensure that Rewards are sent to the right addresses and once the actual payment of the reservation has been verified.
6.4 808 Labs shall not be required to reimburse or compensate the Supplier, the Traveller or the User for any reason whatsoever.
7.1 When you create an Ad on the Platform, you must (i) provide complete and accurate information about your Service (such as, for example, in the case of a hotel, its description of the hotel, its location and availability dates), (ii) specify the applicable disabilities, restrictions and conditions (such as minimum age, ability or physical fitness required for an Experience) and (iii) provide other relevant information requested by 808 Labs. It is your responsibility to keep your Advertisements information up to date (including availability dates).
7.2 You are solely responsible for setting the price (including applicable taxes and any other expenses) for your Advertisement ("Posted Price"). Once a Traveller has booked, you may not charge a higher price than that set out in the booking request.
7.3 None of the conditions set out in your Advertisement, including those relating to cancellations, must be contrary to these Conditions or the cancellation conditions you have selected for your Advertisement, if any.
7.4 The photos, animations or videos (collectively, the "Images") used in your Advertisements must accurately reflect the quality and condition of your Services offered. 808 Labs reserves the right to impose a minimum or maximum number of Images, in a specific format, size and resolution, for each Ad.
7.5 The insertion and ranking of Advertisements in the search results on the Platform may vary and depends on different factors, such as the Traveller's search parameters and preferences, Supplier requirements, prices and availability dates, number and quality of Images, customer service and cancellation history, Comments and Ratings, the type of Service offered by the Supplier and/or the booking facility.
7.6 When you accept or pre-approve a reservation request from a Traveller, you enter into a legally binding agreement with that Traveller and are then required to provide the Service(s) offered to the Traveller in the manner described in your Advertisement on the date of the reservation request. You also agree to pay the Rewards set out in the Advertisement, or set out in the Special Terms and Conditions and any applicable taxes.
7.7 As a Supplier, you are required to take out appropriate insurance for the Services offered. Please read your insurance contract carefully, and in particular, make sure you fully understand any coverage exclusions and applicable deductibles, and check, among other things, whether your insurance contract covers the actions or omissions of Travellers (and persons for whom the Traveller has booked, if applicable) during their stay in the Accommodation or their participation in your Experience, Event or any of your Services.
7.8 Advertisement for Accommodation If you choose to request a security deposit, you must indicate this in your Advertisement (the "Security Deposit"). Suppliers are prohibited from requesting a Security Deposit after confirming a reservation, or outside the Platform. 808 Labs will make every effort to communicate the Supplier's Security Deposit requirements, but will not be responsible for the administration or acceptance of any claim by the Supplier or the User regarding Security Deposits.
8.1 Suppliers and Travellers are responsible for all booking changes they make between themselves.
8.2 Travellers may cancel a confirmed reservation at any time, subject to the cancellation conditions of the Advertisement, and the Supplier undertakes to refund the amount of the Total Expenses due to the Traveller in accordance with these cancellation conditions.
8.3 If a Supplier cancels a confirmed reservation, the Traveller shall be informed directly by the Supplier and fully reimbursed for the total costs paid for such reservation within a commercially reasonable period of time following cancellation by the Supplier. In addition, 808 Labs shall be informed by the Supplier of cancellations. 808 Labs reserves the right to terminate the contract, partially or totally suspend access, or take other appropriate measures, in the event that the Supplier does not fulfill its service obligations or has a cancellation rate of more than 10%.
8.4 For Experiences, Events and other Services offered by the Supplier, if bad weather creates dangerous or uncomfortable conditions for Travellers, Suppliers may modify or cancel a Service offered by the Supplier. In the event of a substantial change in the itinerary or if the Service offered by the Supplier is to be cancelled, the Supplier shall endeavor to offer the Travellers an alternative date for the proposed Service, an appropriate refund or a new reservation.
9.1 808 Labs reserves the right to implement a system that allows Travellers and Suppliers to leave a public comment (the "Commentary") and a star rating (the "Rating") on their Suppliers and Travellers within a certain period of time after the completion of a reservation. Ratings and Comments will then reflect the opinions of individual Users and not those of 808 Labs. Ratings and Comments will not be verified by 808 Labs and may be unfounded or misleading. The Supplier may request a correction from 808 Labs by e-mail to the following address: firstname.lastname@example.org
9.2 Ratings and Comments left by Travellers and Suppliers must be accurate and must not contain offensive or defamatory language. Ratings and Comments will also be subject to Section 5 hereof and must comply with the Content Policy and the Extortion Policy.
9.3 Users are prohibited from manipulating the Rating and Comment system in any way, for example by asking a third party to write a positive or negative Comment on another User.
9.4 Ratings and Comments may be part of a User's public profile and may also appear elsewhere on the Platform (including in the Announcements page) with other relevant information, such as the number of bookings, number of cancellations, average response time and other information. 808 Labs reserves the right to delete any comment that does not comply with applicable law or that contravenes Article 5.
10.1 As a Supplier, it is your responsibility to determine your obligations to declare, collect, remit, or include in your Posted Price, any applicable VAT or other indirect sales, occupancy, tourist or other visitor taxes or income taxes (the "Taxes").
10.2 Tax regulations may require us to collect relevant tax data concerning Suppliers. If a Supplier does not provide us with the documents we deem necessary, we reserve the right, at our sole discretion, to block access to the Platform for the Supplier.
10.3 You understand that any competent public agency, service and/or authority (the "Tax Administration") to which your Service belongs may require the collection of Taxes from Travellers or Suppliers on the posted Prices, and the payment of such Taxes to the appropriate Tax Administration. The laws vary from country to country but these taxes may be collected and remitted as a percentage of the posted Price set by the Suppliers, a fixed amount per day, or other variants, and are sometimes referred to as "tourist taxes", "Supplier's night taxes", "accommodation taxes", "municipal taxes", "room taxes" or "tourism taxes" (the "occupancy taxes").
11.1 It is your sole responsibility to comply with all laws, rules, regulations and tax obligations applicable to your use of the Platform. In connection with your use of the Platform, you agree not to help others to, or allow others to:
- violate or circumvent any applicable laws or regulations, agreements with third parties, third party rights, or our Terms, Policies or Standards;
- use the Platform or the Collective Content for purposes not expressly authorized by these Terms, or in a manner that falsely implies an approval by 808 Labs, a partnership with 808 Labs, or otherwise misleading your relationship with 808 Labs;
- reproduce, store, access or use in any way any information, including personal information about any other User, available on the Platform, in contradiction with 808 Labs' personal data protection policy or these Conditions, or by violating the privacy rights of Users or third parties;
- use the Platform to deliver unwanted commercial messages ("spam");
- offer, as a Supplier, accommodation that you do not own or that you are not authorized to offer for reservation on the Platform;
- use the Platform to request, make or accept a reservation outside the Platform, in order to avoid Rewards or for any other reason;
- discriminate against or harass any person on the grounds of ethnic or national origin, religion, sex, sexual identity, physical or mental disability, health status, marital status, age or sexual orientation, or engage in any violent, dangerous, abusive or disruptive behaviour;
- use, display or copy (including by "framing") the Platform or the Collective Content, or any individual element appearing on the Platform, the name of 808 Labs, any trademark, logo or other proprietary information of 808 Labs, the design or layout of any page or form appearing on a page of the Platform 808 Labs, without the express written consent of 808 Labs ;
- dilute, damage or otherwise harm the BTU Protocol trademark or 808 Labs in any way, including unauthorized use of the Collective Content, registration and/or use of the word BTU, 808 Labs or derived terms in domain names, trade names, trademarks or other source identifiers, or the registration and/or use of domain names, trade names, trademarks or other source identifiers that closely mimic or are similar in such a way as to be confusing with the domain names, trademarks, slogans, advertising campaigns or Collective Content of 808 Labs;
- use robots, spiders, crawlers, scrapers or other automatic means or processes to access the Platform, retrieve data or other content on the Platform or interact with the Platform for any other purpose;
- avoid, divert, remove, disable, damage, decode, or otherwise attempt to circumvent any technological measures implemented by 808 Labs or any supplier of 808 Labs or any other third party to protect the Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Platform;
- take any action that disrupts or interferes with, or could disrupt or interfere with, the performance or proper functioning of the Platform; or
- infringe the rights of third parties or harm anyone.
11.2 You acknowledge that 808 Labs is under no obligation to monitor access to the Platform or use of the Platform by any User, or to verify, prevent access to, or modify the Content, but has the right to do so in order to (i) operate, protect and improve the Platform (including, without limitation, for fraud prevention, risk assessment, investigation and user support purposes); (ii) verify Users' compliance with the Terms; (iii) comply with applicable law, court order, or requests from the police, judiciary or other public agencies or state bodies; (iv) respond to Content that it deems harmful or unacceptable; or (v) for other purposes provided for in these Terms. Suppliers undertake to cooperate with and assist 808 Labs in good faith, to provide 808 Labs with the required information and to take reasonable measures requested by 808 Labs, in connection with any investigation conducted by 808 Labs or an agent of 808 Labs into the use or misuse of the Platform.
12.1 This Agreement shall be valid for a period of twelve (12) months, at the end of which it shall be automatically and permanently renewed for successive periods of twelve (12) months until you or 808 Labs terminate the Agreement by e-mail upon three (3) months' notice. As a Supplier, all confirmed reservations must be honoured.
12.2 808 Labs may immediately and without notice terminate this Agreement and/or cease to provide you with access to the Platform if (i) you have committed a material breach of your obligations under these Terms, our Policies or our Standards, (ii) you have violated applicable laws and regulations or the rights of third parties, or if (iii) 808 Labs believes in good faith that such action is reasonably necessary to protect the safety or property of 808 Labs, its Users or third parties (for example, in the event of fraudulent conduct by a Supplier).
12.3 In addition, 808 Labs may take any of the following measures (i) to comply with applicable law, court order, or requests from the police, judiciary or other public agencies or state bodies, or (ii) if you have violated these Terms, our Policies or Standards, applicable laws and regulations or the rights of third parties, (iii) you have provided inaccurate, fraudulent, obsolete or incomplete information at the time of the creation of the Advertisements or subsequently, (iv) you and/or your Advertisements or Supplier Services do not meet the quality or eligibility criteria at any time, (v) you have repeatedly received Poor Ratings or Negative Comments, or 808 Labs is otherwise informed or receives complaints about your services or behaviour, (vi) you have repeatedly cancelled confirmed bookings without legitimate reason, or (vii) 808 Labs believes in good faith that this measure is reasonably necessary to protect the safety or property of 808 Labs, its Users or third parties, or to prevent fraud or other illegal activities:
- refuse to post, delete or delay the publication of Advertisements or other Content;
- limit your use of or access to the Platform; temporarily suspend or, in the event of serious and repeated breaches, permanently suspend your access and stop providing access to the Platform.
In the event of minor infractions and if necessary, you will be notified of any action being considered by 808 Labs and will have the opportunity to resolve the issue in a reasonably satisfactory manner for 808 Labs.
12.4 In the event of termination of this Agreement, you are not entitled to restoration of your access or any of your Content. If your access to the Platform or your use of the Platform has been restricted, or we have terminated this Agreement, you may not create new access or access the Platform or use it through another Supplier's access.
If you choose to use the Platform or the Collective Content, you do so voluntarily and at your own risk. The Platform and Collective Content are provided "as is", without any warranty, express or implied.
You acknowledge that you have had all the opportunities you deem necessary to analyze the 808 Labs Services, the laws, rules or regulations that may be applicable to your Advertisements and/or Services.
If we choose to verify the identity or background of a User, to the extent permitted by applicable law, we exclude any warranty, express or implied, that such checks will identify past misconduct by a User, or that a User will not engage in future misconduct.
14.1 You acknowledge and agree that, to the fullest extent permitted by law, you assume all risk associated with your access to and use of the Platform and the Collective Content, or your publication of Advertisements. Neither 808 Labs nor any other party involved in creating, producing or making available the Platform or the Collective Content shall be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data or customers, interruption of service, computer damage, system failure, the cost of substitute products or services, or any damages resulting from any personal injury, bodily harm or emotional distress resulting directly or indirectly from (i) these Terms, (ii) the use or inability to use the Platform or the Collective Content, (iii) all communications, interactions or meetings with other Users or other persons with whom you communicate or interact or whom you meet in connection with your use of the Platform, or (iv) your publication of an Ad, whether under a warranty, contractual or tortious liability (including negligence), product liability or any other legal theory, and whether or not 808 Labs has been advised of the possibility of such damages, even if any limited remedy set forth herein has failed in its essential purpose. 808 Labs' overall liability resulting from or related to these Terms and Conditions and your use of the Platform, including, without limitation, your publication of Advertisements, or the use or inability to use the Platform or the Collective Content, and in connection with any Hosting, Experience, Event, other Service offered or any interactions with other Users, shall in no event exceed the amounts you have paid to 808 Labs during the twelve (12) months preceding the event giving rise to liability, or the sum of one hundred (100) euros, if no such payment has been made, as the case may be. The above limitations on damages are fundamental elements of the agreement between 808 Labs and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. The foregoing provisions do not apply to 808 Labs' liability for death or personal injury caused by its negligence, or for misrepresentation, misrepresentation regarding a fundamental matter or any other liability that cannot be excluded or limited under applicable law.
You agree to release, defend (if desired by 808 Labs), indemnify and hold 808 Labs, its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to (i) your breach of these Terms or our Policies or Standards, (ii) your inappropriate use of the 808 Labs Platform or Services, (iii) your interaction with any User, including, without limitation, any prejudice, loss or damage (compensatory, direct, incidental, consequential or other) of any kind related to or resulting from such interaction, stay, participation or use, or (iv) your violation of any law, regulation or third party right.
These Terms and Conditions are governed by French law. In the event of disputes, the parties may submit their dispute to mediation or any other alternative dispute resolution. In the absence of an alternative settlement of the dispute within thirty (30) days of the dispute, the parties may refer the matter to the Courts of Paris, which shall have exclusive jurisdiction.
17.1 These Terms, as well as any additional terms, policies, rules or standards that may supplement them, constitute the entire agreement between 808 Labs and you with respect to the subject matter hereof, and supersede all prior agreements and understandings, oral or written, between 808 Labs and you with respect to access and use of the Platform.
17.2 No joint venture, partnership or employer-employee or principal-agent relationship exists between you and 808 Labs as a result of this Agreement or your use of the Platform.
17.3 These Terms of Service do not and are not intended to confer any rights or remedies on any person other than the parties.
17.4 If any provision of these Terms and Conditions is declared invalid, void or unenforceable, such provision shall be void without affecting the validity and enforceability of the remaining provisions.
17.5 The fact that 808 Labs does not exercise a right or clause in these Terms and Conditions shall not constitute a waiver of such right or clause unless we acknowledge and agree in writing. Unless otherwise expressly provided in these Terms and Conditions, the exercise by either party of any remedy available to it under these Terms and Conditions shall be without prejudice to any other remedy available to it under these Terms and Conditions or by law.
17.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without the prior written consent of 808 Labs. 808 Labs may, without limitation and at its sole discretion, assign, transfer or delegate this Agreement and its rights and obligations hereunder upon 30 days' notice. Your right to terminate this Agreement at any time remains unaffected.
17.7 Unless otherwise specified, all notifications or other communications authorized or required hereunder shall be made electronically and delivered by 808 Labs by e-mail.