Terms of Service

This Terms of Service Agreement (“Agreement”) covers the scope of your use and access to the Mariva Media LTD. ("Mariva Media LTD") website (“Site”) located at Mariva Media LTD, virtual private networking ("VPN"), and Mariva Media LTD's services provided through the Site (“Service(s)”). By visiting the Site, purchasing a subscription, and/or using the Services, You (“You” or “Subscriber”) (“Mariva Media LTD” and “Subscriber” collectively known as "Parties") acknowledge that you have read the Agreement, fully understand the terms and agree to be bound by all of the terms of the Agreement.

Annotations in green in the Terms of Service are not legally binding and are summary descriptions of the Terms of Service language for your easier access and understanding. This document is an agreement that you agree to by accessing the Mariva Media LTD service.

NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) THAT YOU AND Mariva Media LTD, Mariva Media LTD'S AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "Mariva Media LTD ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER SECTION.

This is a legal agreement that requires both Mariva Media LTD and you to resolve any disputes via individual arbitration. See further details in the Dispute Resolution, Arbitration & Class Action Waiver Section below.

Subscriber affirms that they are more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with all of these terms contained herein.

If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate the Services for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use the Site or Services.

If you are not an adult, you must receive permission from a parent or legal guardian. If you are under 13, you may not use the Site or Services.

Acceptance

By using and/or visiting the Mariva Media LTD Site or Services, Subscriber agrees in full to all of the terms provided herein, the terms and conditions of Mariva Media LTD's Privacy Policy, and the Mariva Media LTD Digital Millennium Copyright Act (“DMCA”) policy, in addition to all amendments and modifications (collectively referred to as the "Agreements"). By entering this Site and/or subscribing to the Services, Subscriber agrees to be bound by these terms and conditions. If Subscriber does not agree to be bound to the terms and conditions contained herein, then access to the Mariva Media LTD Site and/or its Services is prohibited.

You agree to the complete Terms of Service to gain access to the Mariva Media LTD service.

License

Mariva Media LTD grants you a limited, revocable, non-transferable, non-exclusive license to access an account for your personal, private, commercial, non-transferable, limited uses solely as set forth herein to use the Services and download and use the software offered by Mariva Media LTD as set forth in any additional documentation and/or agreements applicable to the Services accessed by You. All intellectual property rights for the Mariva Media LTD software, mobile applications, and the Mariva Media LTD website are owned by Mariva Media LTD, Inc. and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the Mariva Media LTD Site unless you fully agree to be bound by all of the terms of this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Mariva Media LTD content. Your rights are subject to your compliance with this Agreement as well as any other agreements applicable to Mariva Media LTD. New or future services that may be offered by Mariva Media LTD will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN Services only and does not include any other services herein.

You are purchasing access to a license that gives you the right to use the Mariva Media LTD service; other services may be available with a separate subscription. You agree to respect our intellectual property.

Changes to this Agreement

Client understands that the present Agreement is subject to changes made by Mariva Media LTD at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions to this Agreement. If the proposed amendments include material alterations that affect your rights or obligations under this Agreement, Mariva Media LTD shall notify you in advance of the changes by reasonable means, which may include notification through the Site or via email. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Site. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.

This Agreement shall apply to all users of Mariva Media LTD whether a 'visitor,' 'commercial user,' a 'subscriber,' or a 'client' and you are only authorized to use Mariva Media LTD if you agree to abide by all applicable federal and state laws and be legally bound by all of the terms of this Agreement.

The Terms of Service may change, so it is important to review this webpage periodically and any communications we may send to you.

Conduct

You agree to comply with all applicable laws and regulations in connection with use of the Services. You must also agree that you and any other user that you have provided access to will not engage in any of the following activities:

• Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
• Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;
• Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the content owner;
• Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;
• Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users;
• Using the service to engage in Denial-of-service (“DOS”) attacks to any third-parties or to Mariva Media LTD;
• Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network;
• Transmitting any material (by email, uploading, posting, or otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals;
• Accessing the service to violate any laws at the local, state and federal level in the United States of America or the country/territory in which you reside; or
• Performing any activity that aims at interfering with Mariva Media LTD's functionality or otherwise might have an adverse effect on the quality and functionality of Mariva Media LTD Services for other users, including abuse of the ability to connect unlimited simultaneous devices (such as through resale, non-personal use or other breach of the license provided herein). In order to preserve an excellent user experience for all, when we detect what appears to be abuse of the unlimited simultaneous devices provision, we may contact you to discuss the situation and potential alternatives. If the situation continues, we reserve the right in our sole discretion to limit or restrict your usage of Mariva Media LTD.

You must conduct yourself in a way that complies with law and would not violate these rules of conduct.

Export Controls

The Mariva Media LTD service offered as part of this Agreement is subject to all relevant United Nations resolutions or the trade or economic sanctions United States, European Union, United Kingdom export control laws and regulations and follows any sanction, prohibition or restriction placed therefrom (“Sanctions”). Mariva Media LTD makes no representation that this Site or the Services is appropriate or available for use in other locations outside the United States. By using this Site or the Services, you represent and warrant that: (i) you are not a Sanctioned person or currently the subject or target of any Sanctions or (ii) have taken any action, directly or indirectly, that would result in a violation of Sanctions or any Anti-Corruption Laws; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).

Pay attention to and comply with anti-corruption and import/export rules.

Breach

Mariva Media LTD abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates this Agreement. Along with the ZERO TOLERANCE policy, Clients who materially breach this Agreement will have their account or a subscription removed without any refund. Additionally, Client understands that Mariva Media LTD expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges. Subscriber understands that Mariva Media LTD reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Agreement constitutes a material breach of contract, and may result in one or more of the following actions:

• Issuance of a warning;
• Immediate, temporary, or permanent revocation of your Mariva Media LTD account with no refund;
• Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;
• Independent legal action by Mariva Media LTD as a result of a breach; or
• Disclosure of such information to law enforcement authorities as deemed reasonably necessary.

Mariva Media LTD reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your Mariva Media LTD account or subscription has been suspended, then you may contact: support@Mariva Media LTD.

Indemnity

Subscriber agrees to defend, indemnify and hold harmless Mariva Media LTD, its parent corporation, officers, affiliates, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Site and/or Services; your material breach of any term of this Agreement; your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or any claim that your use caused damage or injury to any third party. This defense and indemnification obligation will survive termination of this Agreement and Your use of the Site.

We can disable your account and hold you responsible if you break our rules.

Service Level Agreement

Service coverage, speeds, locations and quality are not guaranteed. While Mariva Media LTD will make every attempt to maintain the Services availability at all times, the Services may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. Mariva Media LTD does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.

Additionally, we may impose usage limits to the Services, suspend or block services, or cancel any and all Services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.

We make no guarantee that the Services will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.

Sometimes services don't work perfectly - we will do our best to have 100% uptime.

Multiple Accounts

Multiple accounts may be purchased in bulk from Mariva Media LTD. You understand that by purchasing multiple accounts in bulk from Mariva Media LTD, you may be eligible for a discount which will be reflected at the time of purchase. Both the purchaser and the individual sub-account user is fully responsible for complying with all of these terms of service. At this time, you may not purchase any bulk account orders with different subscription lengths. If you purchase multiple accounts in bulk from Mariva Media LTD, you must pay using a credit card. No other forms of payment are accepted for bulk account purchases. You understand that all new codes for all bulk account purchases shall be sent to you via email where they can then be redeemed and activated.

Client Responsibilities

As a client of Mariva Media LTD, you are responsible for:

• Maintaining the confidentiality and security of the account you are provided.
• Providing valid and accurate identifying information related to the user account.
• Liability for any use and/or abuse which occurs while you or any third-party is logged into the Mariva Media LTD service with your account credentials.

Keep your account information secure; you may be responsible if someone else uses your credentials.

Fees & Auto-Renewal

You acknowledge that Mariva Media LTD offers a subscription service through one or more third party merchants. With each account you may have only one active subscription at a time. All accounts are offered "as-is" at the time of purchase. Future services offered by Mariva Media LTD, Inc., or its partners may not be included with the cost of the subscription.

Payments will be charged on the day you sign up for Services and will cover use of that service for the service level plan selected at sign up. Mariva Media LTD’s subscription plans rely on automatic payments from you made on a recurring interval, depending on the plan you purchase. Mariva Media LTD’s subscription plans will automatically renew at the end of the current subscription via the payment method selected at the initial purchase unless you cancel or turn off automatic renewals before the renewal date. You may cancel the subscription at any time. To cancel, log in to your account, click on "subscriptions" and follow the prompts to turn off auto-renewal. If you cancel within seven (7) days of initial purchase or renewal, you may receive a refund per the Refund Policy below; otherwise you may not receive a refund but the account will remain active for the remainder of your billing cycle.

Mariva Media LTD reserves the right to change the fees at any time and at its discretion. Any fee changes will apply on any subsequent automatic renewal, and will not apply to your ten-current term. Subscriber understands that Mariva Media LTD is not obligated to honor errors due to typographical errors and is not responsible for misinformation provided on third party websites or affiliates. Subscriber also understands that any gift-card based transactions for Services are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.

This is a subscription service that automatically renews unless you cancel.

Apple Auto-Renewing Subscriptions Terms and Conditions

For Apple App Store specific purchases, payment will be charged to your Apple ID upon confirmation of purchase. All subscriptions shall automatically renew unless the subscription is canceled by You at least twenty-four (24) hours before the end of the current subscription period. Your Apple ID will be charged for the subscription renewal within 24 hours prior to the end of the current subscription period. You can manage and cancel your active subscriptions with Apple by visiting your account settings on the App Store.

As stated in the Refund Policy below, refunds for purchases through the App Store are at the discretion of Apple, and may not be covered by our Refund Policy.

Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription at least 24 hours before the free trial ends. Free trials are only available to new users who have never signed up for a Mariva Media LTD account and are offered at our sole discretion. If You attempt to sign up for more than one free trial, you will be immediately charged with the standard yearly Subscription Fee. We reserve the right to revoke your free trial at any time. Any unused portion of your free trial period shall be forfeited upon purchase of a subscription.

Signing up for a subscription constitutes acceptance of all of the terms of this Agreement.

Your Apple App Store subscription (if applicable) will automatically renew unless you cancel.

Cancellation

You understand and agree that Mariva Media LTD shall maintain your email address after your subscription ends. You may access the Client Control Panel to reactivate your subscription at any time.

Refund Policy

If you are less than 100% satisfied with the Services, we will gladly refund your payment if the refund is requested within seven (7) days from the date of the initial purchase and/or renewal. Requests made after the 7 day purchase date window will be denied. If you have initiated the refund process under this Section, and you fail to provide requested verification information related to your account from Mariva Media LTD sent to your account e-mail address within (30) days from the date of the request sent by Mariva Media LTD, you understand that you are forfeiting the entire refund request and that you are not eligible for a refund under this Section. You understand that if you purchase a new account within three (3) months of being issued a refund on a previous account purchase, you will not be eligible for a refund on that new account, even if you request one during or after the (7) day period.

In the event of an unauthorized chargeback, your account details may be suspended. If you are seeking a refund after paying for the Services via a cryptocurrency, then you must provide to Mariva Media LTD a wallet address for the refund to be credited. You understand that by paying for Mariva Media LTD using cryptocurrency as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time. The Parties agree that any refunds for transactions using a specific cryptocurrency will be assessed on the cryptocurrency’s exchange rate to USD at the time of the refund disbursement, and not at the time of the original transaction or refund request.

Due to limitations with 3rd party payment processors, certain accounts cannot be refunded by Mariva Media LTD directly. Accounts purchased through the Apple App Store, Giftcards or 3rd party deal sites, can only be refunded by the payment processor.

If you are any less than 100% satisfied, we will refund you within seven (7) days of your purchase.

Our rights

Mariva Media LTD reserves the right to close your account at any given time without any given notice. While Mariva Media LTD will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.

Subscriber understands that Mariva Media LTD also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the Mariva Media LTD network. Subscriber also understands that Mariva Media LTD for reasons beyond its control may shut down and terminate services. If Mariva Media LTD ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.

We are allowed to notify you if we’re scaling back or shutting down.

Warranties

Subscriber represents and warrants that all of the identifying information provided to Mariva Media LTD to use the Mariva Media LTD Site is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the Mariva Media LTD Site or its Services, you must agree to all of the terms of Mariva Media LTD's privacy policy, Digital Millennium Copyright Act (“DMCA”) policy, and any modifications and/or updates. You acknowledge and agree that the technical processing and transmission of the Site may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Mariva Media LTD with regard to its users may be disclosed in accordance with the Mariva Media LTD Privacy Policy.

You promise you are who you claim to be and you will respect our privacy policy.

Warranty Disclaimer

SUBSCRIBER UNDERSTANDS THAT THE Mariva Media LTD SITE AND SERVICES ARE PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE Mariva Media LTD SITE OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mariva Media LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF. Mariva Media LTD MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. Mariva Media LTD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mariva Media LTD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mariva Media LTD SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Unless we specifically state as such, we make no warranties.

Limitation of Liability

IN NO EVENT SHALL Mariva Media LTD, ITS OFFICERS, AFFILIATES, DIRECTORS, CONTRACTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE Mariva Media LTD SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Mariva Media LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our Liability to you is limited.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mariva Media LTD SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Dispute Resolution, Arbitration & Class Action Waiver

This part of the Agreement outlines how disputes between you and Mariva Media LTD will be resolved through our informal dispute resolution process, individual arbitration, or small claims court. An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award, but uses streamlined procedures and limits discovery to simplify the process and reduce costs. The arbitrator’s decision is legally binding, and it is subject to very limited review by courts. You and Mariva Media LTD agree that arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted. This means that you and Mariva Media LTD will neither file a lawsuit (in any court other than a small claims court), nor pursue or participate in an action seeking relief on behalf of others.

Purpose. The term "Dispute" means any dispute, claim, or controversy between you and Mariva Media LTD regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this arbitration agreement and class action waiver. "Dispute" is to be given the broadest possible meaning that will be enforced. If you or Mariva Media LTD have a Dispute that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and Mariva Media LTD agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator or panel of arbitration instead of in a court by a judge or jury. This arbitration provision will survive the termination of the agreement.

Exclusions from Arbitration. YOU AND Mariva Media LTD AGREE THAT ANY CLAIM FILED BY YOU OR BY Mariva Media LTD IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY Mariva Media LTD IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO UNITED KINGDOM, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR Mariva Media LTD ONLINE ID, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Mariva Media LTD THROUGH ARBITRATION.

Notice of Dispute & Informal Dispute Resolution. IF YOU HAVE A DISPUTE WITH ANY Mariva Media LTD SERVICE, YOU MUST SEND WRITTEN NOTICE TO UNITED KINGDOM, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: Mariva Media LTD: DISPUTE RESOLUTION" TO GIVE Mariva Media LTD THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. (If Mariva Media LTD has a dispute with you, Mariva Media LTD will send you a notice to your billing address or send an email to the email address on file.) You and Mariva Media LTD agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you or Mariva Media LTD provide notice of the Dispute. If we are unable to resolve the Dispute within 60 days from receipt of notice of the Dispute, you or Mariva Media LTD may pursue your claim in arbitration pursuant to the terms in this Section.

You and Mariva Media LTD agree to litigate any dispute in arbitration, except Small Claims. You and Mariva Media LTD will attempt to negotiate before initiating arbitration.

CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND Mariva Media LTD SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE PROCEEDINGS. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

No class action lawsuits.

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Mariva Media LTD elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures. Because this agreement evidences a transaction in interstate commerce, the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration provision. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Mariva Media LTD as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Mariva Media LTD. In any case, the arbitrator shall have the authority only to the individual parties to the arbitration and only to the extent of their individual claims. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or Mariva Media LTD may initiate arbitration in either Los Angeles County, California or the United States county in which you reside. In the event that you select the county of your United States residence, Mariva Media LTD may transfer the arbitration to Los Angeles County in the event that Mariva Media LTD agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Assignment

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mariva Media LTD without restriction.

We may assign the terms of this Agreement in the event of a transaction.

Severance

If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

If one part of this agreement is found to not apply, the rest of the agreement shall continue to apply otherwise.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflicts of law principles. If You opt out of the arbitration clause, or if it is deemed invalid or inapplicable, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the United Kingdom; in such event, you hereby submit to the jurisdiction and venue of said Courts, and you consent to service of process in any legal proceeding.

If Subscriber agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the Services after completing payment and the account sign up process.

The Parties choose the United Kingdom for choice of law.