Terms of use & Conditions

1. TERMS AND CONDITIONS OF USE

1.1. Carefully read these Terms and Conditions of Use (hereinafter, the “Terms”), together with the Privacy Policy, before using getlitchi.com (hereinafter, the “Website” or the mobile app”), and the services, characteristics, content and applications (hereinafter, the “Service” individually or “Services” as a group) provided by LITCHI. (hereinafter, “LITCHI”).

1.2. The Terms are a binding agreement between you, as an individual subscriber or company (hereinafter, “you” or “User” individually or “Users” as a group), and LITCHI regarding the use of LITCHI’S Website, App and its content (hereinafter, the “Content”) and the other websites, services and networks owned or controlled by LITCHI that help to distribute, view and receive video, audio and other content.

1.3. If you sign the Terms on behalf of and representing a company or legal person, you must provide the documents required by LITCHI to prove that you have been authorized to sign the Terms.

1.4. LITCHI reserves the right to refuse providing services to any person or company at any time and without the need to justify this decision.

1.5. By accessing the LITCHI Service or clicking on “Accept”, you unreservedly accept to be bound by these Terms, stating and ensuring LITCHI that you have the legal age according the legislation of your country, you have the necessary legal capacity to be bound by it, and you expressly accept these Terms. Nevertheless, you can sign these Terms if you are aged over thirteen (13), subject to the restrictions established in the Special Terms and Conditions of Use.

1.6. To access some of the services provided by LITCHI (hereinafter, “Services” or, individually, “Service”) through its Website or App, you need to be a registered user or signed in, for which you will have to complete a form or sign in by using your Twitter, Facebook or Google + account or mail account in order to provide certain information, including the necessary personal details so that we can provide the aforementioned services, in accordance with LITCHI’S Privacy Policy, which you can check on the Website. (link to privacy policy)

Once users are registered, and based on the service you wish to use, you may be asked to provide more personal information and/or accept specific terms which, depending on each case, may replace, complete and/or amend these Terms.

1.7. When using the services provided by LITCHI, you are subject to these Terms and Conditions of Use and to the guidelines or rules for the services and their specific characteristics published by LITCHI, and to LITCHI’S Privacy Policy, which is attached as a reference to this document.

1.8. In the event of a discrepancy between the content of the Terms and of any other document of those stated above, these Terms shall prevail.

2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE

2.1. You cannot use the Services or accept the Terms and Conditions of Use if: (i) you are not legally entitled to arrange a binding agreement with LITCHI, or (ii) you are forbidden to, or legally excluded from, receiving or using the Services, by virtue of the legislation of your country of residence or from where you access or use LITCHI’ Services.

2.2. Because of the type of content included on the Website and App, LITCHI shall not register users aged under thirteen (13) in any case, so they cannot access the Website’s restricted areas. Nevertheless, if you are aged over thirteen (13) but still a minor in accordance with the national legislation of your country of residence or from where you access or use LITCHI’ Services, please check our Special Terms and Conditions of Use.

2.3. Without prejudice to the stipulations contained in the Special Terms and Conditions of Use, if you are aged over thirteen (13) but still a minor in accordance with the legislation of your country of residence or from where you access or use LITCHI’ Services, you must read this Agreement with your father, mother or tutor to make sure that you and your father, mother or tutor understand its content. We advise parents and tutors to remind minors that contacting strangers on the Internet can be dangerous and to take the necessary precautions to protect the children, even supervising their use of this Service.

3. PERSONAL PROFILE

3.1. To access certain parts of the Website or App and other elements of the Services, you must create a personal account (hereinafter, “Personal Account” or “Account”) for which you must provide certain personal data.

3.2. When creating your Personal Account, you may (i) create your Personal Account by registering with your Personal Account by using your personal Facebook,Twitter or Google+,. In the latter case, you can access the Services using your personal mail address.

3.3. Likewise, if you wish, you can provide your profile information to LITCHI so that it can make this public, such as a brief biography, your location, your website, your photograph and your username, on platforms such as Facebook, Twitter, Google Plus (hereinafter, “Third-Party Platform” individually or “Third-Party Platforms” as a group). Such information shall be treated in accordance with LITCHI’S Privacy Policy.

3.4. Usernames and passwords shall enable Users to access the Website’s and App restricted areas and are aimed at ensuring Users’ identification when entering the site and providing access to the Services. Therefore, they are personal and non-transferable. Users are the sole parties responsible for maintaining and keeping them is a secure place. Please keep your usernames and passwords in a secure and confidential manner.

3.5. If, for whatever reason, Users misplace their password or believe that it no longer serves the purpose for the access security, they must change it by clicking on the “change password” option on the Website. If this is not possible because you cannot remember your email address or for any other reason, please send an email to our technical support team at: support@getlitchi.com

You must immediately notify LITCHI if you are aware that there has been a breach of the security rules or any unauthorized access to your Personal Account.

3.6. You accept that you are the sole party (vis-à-vis LITCHI and other third parties) liable for all the activity that takes place in your Personal Account and you hold all the rights over the Content (defined below) generated through your Personal Account.

3.7. Our recommendation is that you print or keep a copy of the Terms and Conditions of Use in your files.

4. SERVICES

4.1. The Personal Account is free of charge in principle (unless the User may arranges supplementary and alternatives services such as PayPerView).

Through the Personal Account, LITCHI provides Users the possibility of accessing the Website and App and viewing its content.. Likewise, you can upload content on the Website (as an example but not limited to: information, data, texts, photographs, videos, audio clips, written messages and comments, software, scripts, graphics and generated interactive characteristics), interact with the broadcasters and other Users.

Nevertheless, the Personal Account shall not generate your own broadcast channel, which is reserved solely for the broadcaster, as detailed below.

4.2. If you have a Personal Account you acquire certain powers as well as obligations with respect to LITCHI, which can track all the content that you upload and delete any content that it considers to be offensive or inappropriate, and it can even cancel your Account. Users can denounce any inappropriate or offensive content by using the Flag mechanism on any live or uploaded broadcast. The misuse of this mechanism could cause your Personal Account suspension and any further legal actions. LITCHI must act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content if not stated otherwise.

4.3. Users who arrange a Personal Account can become “Followers” (hereinafter, “Follower” individually or “Followers” as a group), which means becoming a follower of one or more Users so that LITCHI can inform them, among other things, of the concerts, activities and events in which their favorite broadcaster will participate and/or the activities that the Users select.

Users become Followers by clicking on the “Follow” button on the Website or App. From then on, you authorize LITCHI to inform you about the broadcasts, groups or any other relevant activity in which the person/group(s) selected by you and/or the selected Users participate. LITCHI can inform you either through the Website, push notifications to your mobile device or by sending emails which may include, for example, newsletters, to the email address that you provided when arranging your Services with LITCHI.

You can also be followed by other LITCHI Users, who can view all the information that you publish in your Personal Account. Likewise, all this information can be viewed by third parties that are not registered on the Website.

4.4. LITCHI reserves the right to change, expand or reduce these Services without the Users’ consent. Litchi shall publish any Service changes on its Website, so that Users can cease to use them if they wish.

4.5. As stated in section 3.3 of these Terms and Conditions of Use, LITCHI provides companies with a Brand Channel so that they can promote their brands on the Website.

4.6. The Brand Channel must be accepted previously by LITCHI and is solely used for sponsors and/or brands (hereinafter, “Brands”) that have previously been validated by LITCHI. The Brands shall have their own broadcast Channel with the maximum duration allowed in accordance with the Website’s technical characteristics.

LITCHI enables Brands to have a Brand Channel and their actions shall be governed by these Terms and Conditions, so they must comply with the precautions stated herein.

4.7. The Brands can create a channel; access to it can be free of charge or some content can be viewed using the PayPerView system, whose settlements shall be made in accordance with that expressly agreed with LITCHI.

4.8. In general, the Brand Channel provides the possibility of:

(i) creating the Brand’s Content broadcasting channel (defined below);

(ii) broadcasting the video and audio content live.

Likewise, LITCHI can provide the Brands, among other things, with:

(i) information tools so that they can manage and optimize their content among their Followers;

(ii) tools so that they can broadcast their content on LITCHI through their own communication platforms and social media;

(iii) management of alerts referring to the Brands;

(iv) user support services to resolve any doubts about the Website’s services.

(v) the possibility of customizing their Channel using their own corporate signs.

4.9. LITCHI reserves the right to change, expand or reduce these Services without the Brands’ consent. LITCHI shall publish any Service changes on its Website, so that Brands can cease to use them if they wish.

5. CONTENT

5.1. For the purposes of these Terms, the term “Content” includes, as an example but not limited to, information, data, texts, photographs, videos, audio clips, written messages and comments, software, scripts, graphics and generated interactive characteristics that are accessible on the Website and App through the Services. The term also includes, for the purposes of these Terms, all the Users’ Content (defined below).

5.2. The Users’ and/or Brands’ Content includes the content that is aggregated, created, uploaded, sent, to be distributed or shown for the Users’ and/or Brands’ services (referred to the “Content” as a whole), whether it is public or private; the party that originates that content is liable for it and must also be the holder of all the rights over the Content.

5.3. You state that all the Content that you provide is accurate, complete and updated and that it meets the requirements of the applicable laws, rules and regulations. You accept that you shall access all the Content, including the “Content”, under your own liability, where you are the sole party for any damages caused by you or any other part resulting therefrom.

5.4. As the holder of a Personal Account and/or Brand Channel, you can broadcast or upload Content on the Website and mobile app . For such purposes, you accept that, regardless of whether that Content is published, LITCHI shall not guarantee any type of confidentiality or accuracy of the Content or its ownership of them.

Regarding your ability to upload and Broadcast Content on the Website and mobile App, you undertake (i) not to publish or upload any content that contains material whose ownership is illegal in your country of residence or whose use or possession is illegal for LITCHI in relation to the Service provision; and (i) to make sure that the Content provided does not contain material subject to third-party ownership or to the intellectual property rights of third parties or material subject to other industrial property rights (including exclusivity or advertising rights), unless the legal owner of such rights has granted a license or formal authorization or is legally authorized in any other way to publish the material in question and grant LITCHI the license free of charge and with the worldwide scope stated in section 6.2 of these Terms and Conditions of Use.

5.5. The Content may can be viewed simultaneously or nearly simultaneously by all the Users and/or viewers who access the Website or App, with the specific limits established in the Terms and Conditions of Use. Nevertheless, LITCHI does not guarantee the Content’s availability. Without any obligation whatsoever, LITCHI reserves the right to: (i) delete any Content, at its sole discretion, at any time without prior notice and for any reason (including, but not limited to, receiving claims or pleadings from third parties or authorities in relation to such Content or if LITCHI is concerned that you may have breached these Terms and Conditions of Use); and (ii) delete or block any Service Content.

5.6. LITCHI does not own, and is not liable for, the Content published on the Website or App; it is simply a manager of the Content broadcasted/uploaded by the Users and/or Brands. In this sense, LITCHI shall be exempt from any liability regarding the Content broadcasted/uploaded on the Websiteand App by the Users and/or Brands. You shall still be the owner of the rights on the Content, although you must grant limited license rights to LITCHI and other Service Users. Such rights are described in section 7 of these Terms and Conditions of Use (License Rights).

5.7. You acknowledge and accept that you are solely liable for the Content and for the consequences of your publication. LITCHI does not endorse any Content or any opinions, recommendations or advice stated in relation thereto; any liability regarding the Content is expressly excluded.

5.8. You state and guarantee that you are the owner (and shall continue to be so while using the Services) of all the licenses and rights, consents and permissions required for using the Content for the Services and for any other purposes in accordance with the way envisaged in the Services and in these Terms and Conditions of Use.

5.9. LITCHI reserves the right to temporarily or permanently delete any Content without prior notice. Likewise, LITCHI, as manager of such Content, undertakes to fully cooperate with any legal and/or other type of authority that requests or orders us to reveal the identity of any person who publishes any Content on the Website, making all the Content, emails or any other materials available to that authority which may breach these Terms and Conditions of Use.

5.10. You acknowledge and understand that, by using the Services, you may be exposed to Content that is objectively inaccurate, offensive, indecent and questionable. By virtue of this document, you waive exercising any legal right or action or in equity that may correspond to you vis-à-vis LITCHI with regard to any of the Content. Likewise, you accept to indemnify the owners, operators, suppliers or affiliates of LITCHI insofar as the law allows this with regard to all the issues relating to the Users’ Content and the Service use.

5.11. Any Users who are aware of any illegal behavior on the Website can report this by writing to the address stated in Clause 19.

6. USER BEHAVIOR. GENERAL USER RESTRICTIONS

6.1. LITCHI authorizes you to access and use the Services, subject to the specific terms and conditions stated below, and you accept that, if you fail to comply with any of them, this shall constitute a breach of these Terms and Conditions. In particular, your obligations are as follows:

(i) not to use the Services for any purposes forbidden in these Terms and Conditions of Use. You are responsible for all your activity regarding the Services;

(ii) not to distribute any part of the Website or Services, including any Content, through any medium without the prior written authorization from LITCHI, unless LITCHI makes such media available to you so that you can distribute it through a feature provided by the Service;

(iii) not to change or modify the Website or Services in any way;

(iv) not to access the Content using any technology or medium other than the video sites on the Website itself, LITCHI`s video player or any other medium that LITCHI specifically designates for such purpose;

(v) not to avoid, disable or manipulate in any way whatsoever (or try to avoid, disable or manipulate) the security features of the Services or other features that (i) prevent or restrict the use or copy of the Content, or (ii) apply limits to the use of the Services or of the Content provided through it;

(vi) not to use the Services (including the video player) for any of the following commercial purposes, unless there is a prior written authorization from LITCHI:

a. reselling the Service access

b. downloading the Content for unlawful use.

c. selling advertising, sponsorship or promotions placed in or within the Service or Content.

d. selling advertising, sponsorship or promotions on any page of the blog that allows advertising or the Website that contains content delivered through the Services.

(vii) if you use LITCHI video player on your website, you cannot change, base yourself on or block any part or feature of LITCHI video player, including, but not limited to, the return links to the Website;

(viii) not to use or activate any automated system (including, but not limited to, any robot, spider or offline reader accessing the Service) that sends request messages to LITCHI’ servers in specific time intervals which a natural person could reasonable make in the same time intervals by using a publicly available and general web browser (i.e. without any modifications);

(ix) not to collect personal data from any Users of the Website or Services (including the names of the Personal Accounts);

(x) not to use the Website or Services (including the comments and email functions on the Website) to offer services related to commercial activities;

(xi) not to offer services with a commercial purpose to the Website Users;

(xii) not to access the Content for purposes other than for personal use, non-commercial use solely in accordance with that envisaged and allowed for the normal operation of the Services, and solely for streaming, understanding this as the contemporary digital transmission of LITCHI`S material through the Internet to a device operated by a User and enabled for the Internet so that the data cannot be downloaded (both permanently and temporarily), copied, stored or redistributed by the User; and

(xiii) not to copy, reproduce, distribute, transmit, broadcast to the public, show, sell, license or use in any other way the Content for any purpose without the prior written consent from LITCHI or the respective owners of the Content.

6.2. By uploading or broadcasting Content on the Website, you are granting: (i) to LITCHI: a non-exclusive transferable worldwide license, exempt from royalties (with sub-licensing rights), to use, reproduce, disseminate, show and execute the Content in relation to the Service provision and with the Service operation and LITCHI`s activity, including, but not limited to, for the purposes of promoting and disseminating part or all of the Service (and its associated work) in any format and using any communication channels; (ii) to each Service User: a non-exclusive worldwide license, exempt from royalties, to access the Content through the Service and to use, reproduce, disseminate, show and execute such Content insofar as the Service features allow this and in accordance with these Terms and Conditions of Use. 6.3. LITCHI reserves the right to draft summaries or excerpts of such Content and use them to promote the Website and/or Services, for which you grant LITCHI a worldwide license for such purposes free of charge. By way of example, LITCHI can draft summaries of news items provided by Users, content of events and concerts, contributions from social media, videos provided by Users and other types.

6.4. The aforementioned licenses granted by you regarding the Content are perpetual and irrevocable, without prejudice to the property rights, whose ownership corresponds to you at all times in accordance with that stipulated in section 9 of these Terms and Conditions of Use.

6.5. You undertake to comply with all the other provisions of LITCHI`s Terms and Conditions of Use at all times while using the Services.

6.6. Without prejudice to the foregoing, you cannot (and you cannot allow any third party) upload, download, publish, send, distribute or facilitate the distribution of any Content on or through the Service which:

(i) breaches any patents, trademarks and brands, commercial secrets, copyrights, advertising rights and/or any other rights of other people or companies, or which breaches any laws or contractual rights;

(ii) is false, misleading or inaccurate;

(iii) is illegal, menacing or abusive and/or is harassing, defamatory, slanderous, deceptive or fraudulent, which invades the privacy of others, insulting, obscene, vulgar, pornographic, offensive, irreverent, which contains or represents nudity or sexual activity, or which is inappropriate for other reasons determined by LITCHI at its sole discretion;

(iv) constitutes unauthorized or unrequested advertising, junk mail or spam;

(v) contains a virus or any other computer codes, files or programs designed or used for interrupting, damaging, limiting or interfering with the correct functioning of any software, hardware or telecommunications equipment or for damaging or obtaining unauthorized access to any LITCHI` systems, data, passwords or other information of third parties;

(vi) simulates the identity of any person or company, including any LITCHI employees; or

(vii) includes identity documents or sensitive financial information of any person.

6.7. Litchi authorizes public search engine operators to use spiders to copy material from the Website with the sole purpose of creating search indexes of the material available to the general public, although such material and other files cannot be cached. LITCHI reserves the right to revoke such exceptions in general or in specific cases.

6.8. LITCHI constantly innovates so that it can provide its Users with the best experience possible. You acknowledge and accept that the method and nature of the Services provided by LITCHI can change at any time without the need for prior notice.

6.9. As part of this constant innovation process, you acknowledge and accept that Litchi may need to interrupt (temporarily or permanently) the Service provision (or any of its features) for you or the Users in general as a result of the operating requirements such as those related to the Service security, your security as a User or the Service maintenance needs. You can stop using the Services at any time and you shall not be obligated to specifically inform LITCHI of this.

6.10. You acknowledge that you are solely liable, without LITCHI assuming any liability with respect to you or any third party, for a breach of your obligations envisaged in these Terms and for the consequences (including any loss or damage incurred by LITCHI) arising from such a breach.

7. LITCHI`s WEBSITE CONTENT

7.1. Apart from the Content that you provide to the Service, all the other Content in the Service shall be owned by LITCHI, or shall correspond to it by virtue of a license, and shall be subject to the copyrights, brand and trademark rights and other intellectual and industrial property rights of LITCHI or its licensors. All the trademarks and service brands of other third parties present in the content not uploaded or published by you shall be trademarks and service brands of their respective owners.

7.2 Such content cannot be downloaded, copied, reproduced, distributed, transmitted, disseminated, shown, sold, granted under a license or operated for any other purpose without the prior written consent from LITCHI or, where applicable, its licensors. LITCHI and its licensors reserve all the rights that have not been expressly granted with respect to such Content.

8. COPYRIGHTS

8.1 LITCHI applies a clear copyright policy in relation to the content that allegedly breaches a third party’s copyrights. Detailed information of this policy is available on the Website (“Copyright Policy”).

8.2 As part of its copyright policy, LITCHI shall cancel the access to the Services to any users considered to breach it, i.e. any Users who have been notified of their breach.

9. INTELLECTUAL AND INDUSTRIAL RIGHTS

9.1. All the Website’s content, i.e. texts, images, videos, audio clips, files, brands and trademarks, logos, color combinations and/or any other elements, its structure and design, the selection and method of presentation of the materials included therein, and the computer programs required for its functioning, access and use shall be protected in terms of industrial and intellectual property rights. The Users’ Content, whether it includes videos, comments, news, photographs and/or any other items, is the full liability of the person who provides or uploads it to the Website. LITCHI shall be liable for any problems arising from the ownership of such Content. Nevertheless, when LITCHI realizes that the stated Content is illegal or does not belong to the person who uploaded it to the Website, it shall delete this as soon as possible.

9.2. In any case, the person who LITCHI such Content to the Website is presumed to be the owner of the intellectual property rights over it.

9.3. The Users undertake to respect the intellectual property rights and the property of the Content published on the Website. Therefore, they cannot delete, change or conceal any copyrights, registered trademarks, service brands or any other property rights included in or which accompany the Website, the Services, the Users’ Content and/or the related products and services. In the same way, the Users cannot reproduce, change, adapt, create related work, execute, show, publish, distribute, transmit, disseminate, sell, license or export the Website or its content, unless they are the owners or holders of the rights.

10. LINKS

10.1. Links to third-party websites. The Website,App and the Services can provide links to websites operated or managed by third parties (hereinafter, “Third-Party Services”), subject to their own terms and conditions of use and privacy policies.

10.2. LITCHI shall not assume any type of liability for any aspect relating to Third-Party websites or Services to which a link can be established from the Website, in particular and by way of example, but not limited to, regarding their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their content. In this sense, if the Users effectively are aware of the unlawfulness of the activities carried out through Third-Party Services, they must notify this to LITCHI as soon as possible so that we can disable the link on the Website.

10.3. You shall be the sole party liable and assume all the risks arising from the use of such content or resources. The inclusion of any link on LITCHI`s Website does not imply our approval or association in any way whatsoever with its operators. Any correspondence or commercial dealings between you and a third party through the Third-Party Services shall be solely between you and that third party, at your own risk and venture.

10.4. Any links established in the Website to Third-Party Services do not imply that there is a relationship, collaboration or dependency between LITCHI and the party responsible for those services.

10.5. Links on other websites to our Website. In the event that any users, visitors or companies, whatever their nature, wish to establish any type of link to the Website, they must comply with the following stipulations:

(i) The link can only be directed to the Website’s homepage or user’s profile. Express authorization from LITCHI shall be required for any other cases.

(ii) The link shall be absolute and complete, i.e. it must direct Users, when clicking, to the Website’s URL and must cover all the Website’s homepage or users profile’s screen. The website that has the link cannot reproduce in any way the Website in any case, or include it on its website or within one of its frames, or create a browser for any of the pages on its website that include the Website’s content.

(iii) Wherever the link is established, it cannot be stated that LITCHI has authorized the link in any event, unless this has been expressly established in writing. If the company that includes the link on its website to our Website wishes to include the brand, trademark, name, trade name, sign, logo, slogan or any other identification element owned by LITCHI, it must have a prior written express authorization from LITCHI.

10.6. LITCHI recommends that you pay attention when leaving the Services and read the terms and conditions of use and the privacy policy of the other websites that you view.

11. COOKIES

11.1. LITCHI can use cookies to enable the Website to work better. You declare that you expressly know and accept such cookies. Your consent is provided only for the Website, and is not included for third-party websites.

11.2. Nevertheless, the Users can configure their web browser to alert them of cookies, and thus prevent them from installing cookies on their computer hard drive. More information is available on your browser’s help menu.

11.3. If the Users decide not receive the cookies sent by the Website, this may prevent them from accessing some or all of the content provided in the Website. LITCHI’s cookie use is detailed in section 2.2 of its Privacy Policy.

12. ACCOUNT CANCELLATION

12.1. You can deregister your Personal Account in a permanent way. To do this, you must send an email to support@getlitchi.com from the email account associated with the Personal Account you wish to delete. In this case, your Personal Account shall be disabled and then deregistered. When your Account is disabled, it shall not appear on www.Litchi.fm. In the event that your Account is disabled accidentally or by mistake, you can restore it within thirty (30) days of disabling the Account. Once this period elapses, the process to deregister your Account from LITCHI` systems shall start.

12.2. If you created your Personal Account through your Twitter or Facebook account, you can delink those accounts at any time, directly or by sending an email with your intention to support@getlitchi.com, and LITCHI shall delink your Twitter or Facebook account from your Personal Account as soon as possible.

12.3. Likewise, LITCHI can, at any time, terminate the Services or prevent access to them and/or to any Account if:

(i) you fail to comply with the provisions included in the Terms and Conditions of Use or act in a way that clearly indicates that you plan to do this or are unable to comply with the stipulations of these Terms and Conditions;

(ii) LITCHI is obligated to do this by law (e.g. when the Services are or will be provided to you in an illegal way);

(iii) LITCHI ceases to provide the Services to the Users of your country of residence or from where you use the Services;

(iv) the Services provided to you by LITCHI cease to be commercially viable, in its opinion. In the cases envisaged in sections (i) and (ii), LITCHI must notify you of this decision in a reasonable way.

12.4. All the legal rights and obligations which correspond to you and to LITCHI (or which have accrued during the period of these Terms and Conditions), or whose validity must expressly continue indefinitely, shall not be affected by termination of the relationship with you.

13. GUARANTEE WAIVER

13.1. Nothing stipulated in the Terms and Conditions of Use shall affect your consumer rights and with respect to which you cannot arrange any contractual changes or waivers.

13.2. The Services are provided “As such” or “Subject to availability” and LITCHI does not grant any guarantees or makes any statements to you with respect to them.

13.3. In particular, LITCHI does not guarantee that:

(i) the Users will have access to the Services;

(ii) your use of the Services will meet your requirements or needs;

(iii) your use of the Services will be uninterrupted, punctual, secure or without errors;

(iv) the information obtained as a result of your use of the Services will be correct or reliable; and

(v) the operating faults or the software features provided to you as part of the Services will be remedied.

13.4. By accepting these Terms and Conditions of Use, you expressly exempt LITCHI from any liability it may have for accessing or not accessing the Content that you have or which you have access to through the Services. 13.5. No terms and conditions or guarantees shall be applicable (including any implicit satisfactory quality guarantees and conforming to a specific purpose or description), except insofar as that expressly stipulated in the Terms and Conditions of Use.

14. LIABILITY LIMIT

14.1. Nothing stipulated in these Terms and Conditions shall exclude or limit LITCHI`s liability for losses which cannot be legally excluded or limited by virtue of the applicable legislation.

14.2. Subject to the general provision included in section 14.1 above, LITCHI shall not be liable with respect to you for:

(i) indirect or direct losses which you may incur, including any loss of profits (regardless of whether they are generated directly or indirectly), loss of goodwill or of corporate prestige, or data loss suffered by you;

(ii) losses or damages which you may incur as a result of:

a. granting credibility to the thoroughness, accuracy or existence of any advertising material, or as a result of any relationship or operation between you and any advertiser or sponsor whose advertising appears in the Services;

b. LITCHI making changes to the Services, or any temporary or permanent termination of the Service provisions or any of its functions;

c. deleting, corrupting or having a storage fault of any content or other communication data kept or sent when using the Services;

d. failing to provide LITCHI with the account information required;

e. failing to maintain the security and confidentiality of your password or LITCHI account’s information.

14.3. LITCHI`s liability limits with respect to you included in the preceding section shall be applicable regardless of whether LITCHI has been warned or should have been warned of the possibility of such losses occurring.

15. PRIVACY POLICY

LITCHI undertakes to protect the privacy of the Service Users. If you want more information about how we collect and use your personal information, please read LITCHI`s privacy policy, which is available on https://getlitchi.com/legal/privacy.

16. INDEMNITIES

You accept to indemnify and hold harmless LITCHI, its managers, employees, affiliates, agents, concession companies, suppliers, successors, assignees, officers and representatives for any losses, claims, damages and/or liabilities, including legal fees and expenses, arising from:

(i) any claims due to or regarding a breach of these Terms and Conditions, including, but not limited to, any claims arising from a breach of your obligations or guarantees acquired by signing this document;

(ii) your poor use when accessing the Services;

(iii) your breach of any laws, regulations or third-party rights, including, but not limited to, any copyrights as well as property and privacy rights; or

(iv) claims due to or regarding your actions or your Content which cause damages to one or more third parties.

17. DURATION AND AMENDMENTS

17.1. LITCHI reserves the right to partially or fully amend or replace any of these Terms and Conditions by sending notes through the Services, emails to the address that you provided or by any other appropriate electronic communication means, so that amendments or replacements of any Terms and Conditions of Use can be known by Users before accessing the Services provided. Therefore, before accepting, Users will know the actual terms and conditions applicable to their Website browsing, mobile apps and arrangement.

17.2. Our recommendation is to read the Terms and Conditions of Use regularly to check any amendments. The amended version of the Terms and Conditions shall be published on the Website or made available through the Service (for any additional amended terms). If you do not agree with the Amended Terms and Conditions of Use, you must stop using the Service. Your continued use of the Service after the amendments are published shall constitute your acceptance of the Amended Terms and Conditions of Use.

17.3. LITCHI can terminate, suspend or interrupt at any time, without the need for prior notice, the access to the Website Content or Services (including, but not limited to, the availability of any characteristic, database or content), and the Users cannot demand any liability whatsoever.

18. MISCELLANEOUS

18.1. These Terms and Conditions of Use constitute a full legal agreement between you and LITCHI with respect to the Services, including the use of the Website, and replace all the previous communications, proposals or agreements, both spoken or written, between you and LITCHI in relation to the Services.

18.2. In the event that some or all of any provision of these Terms and Conditions of Use are rendered null and void or ineffective, the provision shall be limited or deleted so that, where possible, it can remain in force. If the affected provision cannot be adapted, it shall be deleted from the Terms and Conditions, and the other provisions shall be legally valid in all their aspects.

18.3. You accept that, in the event that LITCHI does not exercise any legal right or action envisaged in the Terms and Conditions (or which corresponds to it by virtue of the applicable legislation), this does not constitute a formal waiver of LITCHI`s rights; such legal rights and actions shall remain fully valid.

18.4. LITCHI shall not be liable for any breaches of its obligations in the event of force majeure, i.e. when such a breach takes place for reasons beyond LITCHI’s reasonable control, whether it is a mechanical, electronic or any other type of fault.

18.5. The Terms and Conditions of Use are personal and, therefore, you cannot assign or transfer them to third parties, unless there is a prior written consent from LITCHI. Nevertheless, LITCHI can assign, transfer or delegate any of its rights and obligations without the User’s consent.

18.6. No agency, association or similar is created as a result of these Terms and Conditions of Use and neither party has the authority to obligate the other in this respect.

18.7. You accept that LITCHI can send you notifications, including those related to changes of the Terms and Conditions of Use by email or ordinary mail or by publishing such changes on the Website.

18.8. The titles of the provisions of these Terms and Conditions are for information purposes and they shall not affect, classify or expand the interpretation of these Terms and Conditions of Use.

19. USER SUPPORT SERVICE

If you are aware of any illegal behavior carried out within the Website or app, you can report this by sending an email to support@getlitchi.com Likewise, to enable the Website to conform to the transparency, clarity and simplicity criteria, LITCHI informs that any suggestions, doubts and queries about these Terms and Conditions of Use or any reports shall be received and resolved by contacting us at support@getlitchi.com Alternatively, you can contact us at the following address: Legal Department, Rushmore Inc C/Principe de Vergara 206, 28002 Madrid, Spain.

20. LEGISLATION AND JURISDICTION

20.1. These Terms and Conditions of Use shall be governed and interpreted in accordance with the laws of the State of Delaware, the legislation of the United States of America and the corresponding applicable regulations.

20.2. Both LITCHI and the User undertake to submit any disputes and/or differences arising as a result of the interpretation of or compliance or non-compliance with this document to the courts and tribunals of the city of Dover (State of Delaware) and expressly waive their own venues, if another one is applicable.