LineAngel | Terms
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LineAngel, Inc. Terms and Conditions

Last updated: November 23, 2015

 

LineAngel, Inc. (“LineAngel” or “we,” “our,” or “us”) provides a mobile application, Web site, and various services, features, or functionalities jointly offered with other companies through our mobile application or Web site, (collectively, the “Services”) to our users (“you” or “users”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms “), as well as any other written agreement between us and you. Please read these Terms.  By downloading, accessing, or using any of the Services you agree to be bound by these Terms.  Please read these terms carefully before accessing or using the services.  These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.  In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services, each such party’s terms will govern as to the respective party’s relationship with you.

 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LineAngel WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.  BY VIRTUE OF YOUR ACCEPTANCE OF THESE TERMS, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS (INCLUDING THE ARBITRATION PROVISION).

 

 

Description of the Services and Line Sitting

 

LineAngel, Inc. (“LineAngel”), a Delaware corporation, provides a platform (the “Network”) that connects users with third party independent contractors (collectively, “Service Providers”) via the LineAngel mobile application, which is facilitated as part of the Services. Using the Network, a user may arrange for a Service Provider to hold a user’s place in line at a specified venue, establishment, or event and contact the user when the front of the line is reached so that the user may reclaim his or her position in line (“Line Sitting Services,” further described below).

 

Line Sitting Services typically include, but are not limited to, the following:

(i) A user may create and manage a profile through LineAngel’s mobile application (or other computer or electronic medium designated by LineAngel);

(ii) The user may then make requests for Line Sitting Services in advance or on-demand (“Requests”) by viewing Service Providers’ profiles, which should show the hourly rate for Line Sitting Services, on the mobile application;

(iii) A Service Provider may either accept or deny the user’s Request within an hour of receiving it;

(iv) If the Service Provider accepts the Request, the user and Service Provider will communicate through the mobile application to make arrangements for the Service Provider to perform the Line Sitting Services;

(v) The Service Provider and the user may communicate through their respective mobile devices during the performance of the Request, and the Service Provider will send the user notifications when: (a) the estimated remaining time to reach the front of the line has reached approximately thirty (30) minutes; and (b) the estimated remaining time to reach the front of the line has reached approximately fifteen (15) minutes, so that the user can determine when to take the Service Provider’s place in line;

(vi) Upon completion of the Line Sitting Services, the user will pay for the Request via the mobile application, as discussed below.

 

 

Modifications to the Services or Terms of Use

 

At any time, without notice to you and for any or no reason, LineAngel may, in its sole discretion, modify or discontinue any aspect of the Services, including, without limitation, any content, any activities available on the Network or through the Services, and any products or services offered through the Network or the Services.  LineAngel shall in no way be held liable for any consequence which results from LineAngel’s decision to modify or discontinue providing any or all of the Services, including but not limited to the Network.

These Terms are effective as of November 23, 2015.  We expressly reserve the right to change these Terms from time to time.  If we do, we will notify you before the new Terms go into effect by posting a notice on the LineAngel Web site and mobile application.  You acknowledge and agree that it is your responsibility to familiarize yourself with any modifications before the effective date.  Your continued use of the Services after the effective date will constitute acknowledgement of the new Terms and agreement to abide and be bound by them.  If you do not agree to the amended Terms, you must stop using the Services and remove the LineAngel application from your mobile device before the effective date.

Notwithstanding the foregoing, any change or modification to these Terms that materially alters your rights or remedies will be applied prospectively and will not alter your legal rights or remedies with respect to actions taken or incidents occurring prior to any such change.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s).  Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s).  Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

 

Users

 

These Terms apply to persons anywhere in the greater Los Angeles area who use our Services.  LineAngel is intended for people who are at least 13 years old.  Persons under the age of 13 are prohibited from downloading the LineAngel mobile application or from using the Services without an adult present.

You affirm that you are at least 13 years of age and 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, and to abide by and comply with these Terms.  In addition, you affirm that you have not been previously suspended or removed from the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity.  We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

 

 

User Accounts

 

In order to make requests for Line Sitting Services provided by LineAngel Service Providers in advance or on-demand, you must register for and maintain an active personal user Services account (“Account”).  You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.  Account registration requires you to submit to LineAngel certain personal information, such as your name, picture, date of birth, email address, postal address, phone number, username, password, and at least one valid payment method (either a credit card or accepted payment partner).  You agree to maintain accurate, complete, and up-to-date information in your Account.  Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or LineAngel’s termination of this Agreement with you.

 

 

Account Security

 

After opening a LineAngel account, you accept all responsibility for any activity that occurs under your Account.  Unless otherwise permitted by LineAngel in writing, you may only possess one Account.  You are responsible for making sure that you keep your password secure and safe.  You agree that you will not share your password with others or do anything that might jeopardize the security of your Account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the LineAngel API (application performance interface).  If you use any such application or client, you acknowledge and agree that LineAngel will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your Account information.  You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content, as defined below, or other information may not be secure.

 

 

User Content

 

The Services consist of features that allow users to upload, submit, transmit, and/or store content, including but not limited to photos, graphics, text, or other materials (collectively, “User Content”).  You understand that you are responsible for all data charges you incur by using the Services.  You also understand that your User Content may be viewable by others, including but not limited to Service Providers, when you create an account through the mobile application and/or other media provided by LineAngel, and that you do not have the ability to control who can access such content that you make public.  You agree that you are solely responsible for your User Content and any claims arising therefrom, and that LineAngel is not responsible or liable for any User Content or claims arising therefrom.  While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete your account at any time and for any reason.  If we delete your account and terminate your access to the Services, your User Content will be permanently erased, and we are in no way responsible for any loss of User Content that you thereby incur.  Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

 

 

Posting User Content

By posting User Content to the LineAngel mobile application or other media provided by LineAngel through your personal LineAngel account, you represent and warrant that: (1) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (2) the posting and use of your User Content on or through the Services does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (3) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Service; and (4) you have the legal right and capacity to enter into these Terms in your jurisdiction.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LineAngel in its sole discretion, whether or not such material may be protected by law.  LineAngel may, but shall not be obligated to, review, monitor, or remove User Content, at LineAngel’s sole discretion and at any time and for any reason, without notice to you.

 

Any User Content provided by you remains your property.  However, by providing User Content to LineAngel, you grant LineAngel a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LineAngel’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

As between you and LineAngel, any User Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of User Content.  You acknowledge and agree that your relationship with LineAngel is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place LineAngel in a position that is any different from the position held by members of the general public, including with regard to your User Content.  None of your User Content will be subject to any obligation of confidence on the part of LineAngel, and LineAngel will not be liable for any use or disclosure of any User Content you provide.

 

 

Network Access and Devices

 

You are responsible for obtaining the data network access necessary to use the Services.  Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.  You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto.  LineAngel does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.  In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

 

Payment

 

You understand that use of the Services will result in charges to you for the Requests you make from Service Providers (“Charges”).  After a Service Provider provides Services to you pursuant to a Request made by you, LineAngel will facilitate your payment of the applicable Charges on behalf of the Service Provider, as such Service Provider’s limited payment collection agent.  Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Service Provider.  Charges will be inclusive of applicable taxes where required by law.  Charges paid by you are final and non-refundable, unless otherwise determined by LineAngel.  You retain the right to request lower Charges from a Service Provider for Requests made by you from such Service Provider at the time you make such Requests. LineAngel will respond accordingly to any request from a Service Provider to modify the Charges for a particular Request.

 

All Charges are due immediately and payment will be facilitated by LineAngel using the preferred payment method designated in your Account, after which LineAngel will send you a receipt by email.  If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that LineAngel may, as the Service Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

 

As between you and LineAngel, LineAngel reserves the right to establish, remove and/or revise Charges for any or all Requests made through the use of the Services at any time in LineAngel’s sole discretion.  LineAngel may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Requests made through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.  You may elect to cancel your Request from a Service Provider at any time prior to such Service Provider’s arrival, in which case you may be charged a cancellation fee.

 

This payment structure is intended to fully compensate the Service Provider for the services provided.  LineAngel does not designate any portion of your payment as a tip or gratuity to the Service Provider.  You understand and agree that, while you are free to provide additional payment as a gratuity to any Service Provider who provides you with services obtained through the Services, you are under no obligation to do so.  Gratuities are voluntary.  After you have received services obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Service Provider.

 

In the event you cancel a Request more than ten (10) minutes after the Request is accepted by a Service Provider, but before the Request is completed, you shall be charged for the time the Service Provider performed services in accordance with the User Payment Schedule, which is displayed on each Service Provider’s profile.  Additionally, LineAngel retains the right in its absolute and sole discretion to charge you a cancellation fee.

 

In the event you do not arrive on time to take the Service Provider’s place in line for a particular Request, you will be charged for the time the Service Provider performed services in accordance with the User Payment Schedule, including any additional amount of time the Service Provider waited for you to arrive, provided that length of time was reasonable in the sole and absolute discretion of LineAngel.

 

Should a Service Provider fail to appear for a scheduled Request or leave any location before a Request is complete, your sole remedy will be to give the Service Provider a poor rating.  LineAngel shall in no way be liable for any loss incurred from the failure of a Service Provider to complete a Request.

 

 

Privacy

 

The LineAngel Privacy Policy [https://lineangel.com/privacy-policy/] is incorporated into these Terms.  By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy.

 

 

Responsible Disclosure Policy

 

LineAngel strives to maintain the safety and privacy of your data.  If you are a security researcher (or any other perceptive user) and have discovered a security vulnerability in one of our products, please contact support@lineangel.com.  We consider reports of security vulnerability to be of the highest priority, and will investigate them as quickly as possible.

 

For vulnerabilities reported to us in compliance with this disclosure policy, LineAngel commits to validate, respond to, and fix vulnerabilities in a timely fashion and not to take legal or administrative action against responsible vulnerability reporters.  LineAngel reserves all of its legal rights in the event of noncompliance.

 

Please include the following in security submissions:

  • Your email address
  • Your full name
  • Summary of issue
  • Steps to reproduce the issue

 

 

Emails

 

By creating an Account, you agree that LineAngel may send you informational and promotional emails as part of the normal business operation of your use of the Services.  You may opt-out of receiving emails from LineAngel at any time by following the opt-out link provided in the emails.  You acknowledge that opting out of receiving emails may impact your use of the Services.

 

 

Promotional Codes

 

LineAngel may, in its sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Services and/or a Service Provider’s services, subject to any additional terms that LineAngel establishes on a per promotional code basis (“Promo Codes”).  You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by LineAngel; (iii) may be disabled by LineAngel at any time for any reason without liability to LineAngel; (iv) may only be used pursuant to the specific terms that LineAngel establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.  LineAngel reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that LineAngel determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

 

Feedback

 

You agree that any feedback, suggestions, ideas, or other information or materials regarding LineAngel or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of LineAngel.  We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you.  You waive any rights you may have to the Feedback (including any copyrights or moral rights).  We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

 

 

LineAngel Content

 

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, “LineAngel Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.  Unauthorized use of LineAngel Content may violate such laws and these Terms.  Except as expressly provided in these Terms, LineAngel does not grant any express or implied rights to use LineAngel Content.  You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, LineAngel Content, the Services, or any related software, except as expressly stated in these Terms.  Unless otherwise agreed by LineAngel in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.  The Services and all rights therein are and shall remain LineAngel’s property or the property of LineAngel’s licensors.  Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted below.

 

Subject to your compliance with these Terms, LineAngel hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any LineAngel Content that may be made available through the Services solely for your personal, noncommercial use.  Any rights not expressly granted herein are reserved by LineAngel and LineAngel’s licensors.  This license is subject to these Terms and does not include:

 

  • The distribution or public display of LineAngel Content;
  • Modifying or otherwise making any derivative uses of the Services or LineAngel Content, or any portion thereof;
  • Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
  • Downloading (other than page caching) any portion of the Services, LineAngel Content, or any information contained therein, except as expressly permitted on the Services;
  • Accessing the LineAngel API with an unauthorized or third-party client; and
  • Any use of the Services or LineAngel Content other than for their intended purposes.

Any use of the Services or LineAngel Content other than as specifically authorized in these Terms, without the prior written permission of LineAngel, is strictly prohibited and will terminate the license to use the Services and LineAngel Content granted in these Terms.

 

 

Intellectual Property Information

 

All characters, character names, slogans, logos, and related indicia on the Services, including without limitation, the marks listed below, are copyright, trademarks and/or registered trademarks of LineAngel, Inc.  All Rights Reserved.  You may not use any trademark or service mark appearing on our Services without the prior written consent of the owner, and nothing contained in the Services should be construed as granting, by implication, or otherwise, any license or right to use any trademark or service mark without such prior written consent.

The following marks are trademarks of LineAngel.  All Rights Reserved.

LineAngel, Inc.

 

The following words and character names are copyright © 2015 LineAngel, Inc. and are protected by United States and international copyright and other intellectual property laws.  All Rights Reserved.

 

 

Copyright Policy

 

LineAngel respects the intellectual property rights of others.  In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our Services.  If LineAngel becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account.  All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:

Jeanette Nguyen

3716 South Hope Street

Suite 313

Los Angeles, CA 90007

 

To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3).  That means that the notice must include substantially the following:

  • Your mailing address, telephone number, and, if available, email address;
  • The full legal name and physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LineAngel to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LineAngel may elect not to respond to DMCA notices that do not comply with all of the foregoing requirements, and LineAngel may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.  Upon receipt of notice in compliance with the DMCA, LineAngel will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material.  If you have additional questions you may contact LineAngel at support@lineangel.com or 818-821-0575.

 

 

Prohibited Activities

 

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  • Request that a Service Provider hold more than one place in any given line (One place typically means one individual person, but may also mean one reservation for multiple people, provided that the establishment or event allows one person to hold a place in line for a reservation for multiple people);
  • Request that a Service Provider perform Line Sitting Services in a location that prohibits such activity;
  • Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  • Compromise the security of the Services;
  • Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
  • Create any Web site or application that is similar in appearance, feel, purpose, or function of the Services;
  • Link to, mirror, or frame any portion of the Services;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by LineAngel;
  • Remove any copyright, trademark, or other proprietary notices from any portion of the Services;
  • Use or attempt to use another user’s account without authorization;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in any harassing, intimidating, predatory, or stalking conduct;
  • Cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Provider or any other party;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Violate the publicity, privacy, or data-protection rights of others;
  • Post content that is defamatory, libelous, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, expresses hate, or is otherwise improper;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your LineAngel account without LineAngel’s prior written consent;
  • Disseminate content that contains or embodies a virus, worm, Trojan horse, or other contaminating or destructive feature; or
  • Develop any third-party applications that interact with User Content or the Services without our prior written consent.

You further agree to abide by any third-party terms that apply to the Services or when posting reviews of LineAngel, including the iTunes App Store Terms of Service.

 

 

No Tolerance Policy

 

LineAngel does not tolerate the use of alcohol or drugs by Service Providers.  If you believe your Service Provider may be under the influence of drugs or alcohol, please have the Service Provider END THE REQUEST IMMEDIATELY.  Please report any feedback when rating your Request in the LineAngel mobile application or reply to your emailed receipt, email suppport@lineangel.com, or visit the Web site.

 

 

Non-Discrimination Policy

 

LineAngel seeks to ensure that safe, reliable, and high-quality Services are available to everyone.  LineAngel and its affiliates therefore prohibit discrimination against users or Service Providers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable federal or state law.  Such discrimination includes, but is not limited to, refusing to provide or accept Requests based on any of these characteristics.  Any user or Service Provider found to have violated this prohibition will lose access to the Network and Services.

 

 

Investigations; Cooperation with Law Enforcement; Termination

 

LineAngel reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its mobile application security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, and (e) discontinue the Services or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.  Upon any termination, you agree to discontinue your use and access of the LineAngel Services and to immediately destroy all materials obtained from them.

 

 

Governing Law for International Users

 

LineAngel controls and operates the Services from its principal place of business in the United States of America, and the Services are hosted in the United States.  If you are a user visiting the United States from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

 

 

Applicable Law

 

Any dispute between you and LineAngel will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.

 

 

Disclaimer

 

THE SERVICES AND THE LINEANGEL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT.  IN ADDITION, WHILE LINEANGEL ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT, GUARANTEE OR WARRANT THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL ALWAYS BE SECURE, FREE OF VIRUSES, ERROR-FREE, OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.  LINEANGEL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS.  YOUR USE OF THESE SERVICES IS AT YOUR OWN RISK.

The disclaimers contained in this paragraph are a material part of our agreement to provide these Services to you.  Your only remedy against LineAngel for dissatisfaction with the Services or any content is to stop using the Services.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.  California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

 

Disputes

 

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend, and hold harmless LineAngel, our managing members, employees, agents, affiliates, licensors, and licensees (the “LineAngel Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against LineAngel or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

2) Limitation of Liability

Except where prohibited by law, under no circumstances, including but not limited to breach of contract, tort or negligence, will LineAngel or the LineAngel Parties be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, including lost profits or lost data, that arise out of or in connection with your (a) access to, use of, downloading of, or inability to use the Services; (b) the provision of the Services or any materials available therein; (c) the conduct of other users of the Services; (d) any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Services; or (e) any transaction or relationship between you and any Service Provider, even if LineAngel has been advised of the possibility of such damages.  LineAngel shall not be liable for delay or failure in performance resulting from causes beyond LineAngel’s control.  You assume total responsibility for your use of the Services.  The limitations contained in this paragraph are a material part of our agreement to provide these Services to you.  Your only remedy against LineAngel for dissatisfaction with the Services or any content is to stop using the Services.  If, notwithstanding these Terms, LineAngel is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, LineAngel’s liability shall in no event exceed $100.  Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.  The Limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

 

3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH LINEANGEL, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Applicability of Arbitration Agreement. All claims, controversies, and disputes in connection with the Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services provided by LineAngel that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and LineAngel are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  This Arbitration Agreement applies to you and LineAngel, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”).  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
  4. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.  (The AAA provides a form Demand for Arbitration at adr.org/aaa/ShowPDF?doc=ADRSTG0

04175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=

ADRSTG015822).  The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

  1. Arbitration Location. Unless you and LineAngel otherwise agree, the arbitration will be conducted in the county where you reside.
  2. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and LineAngel, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.  The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms.  The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.  The arbitrator will render an award within the time frame specified in the AAA Rules.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and LineAngel.
  3. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
  4. Waiver of Jury Trial. YOU AND LINEANGEL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.  In the event any litigation should arise between you and LineAngel in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LINEANGEL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Los Angeles County, California.
  6. No part of the procedures shall be open to the public or the media.  All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law.  Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  7. Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  8. Small Claims Court.  Notwithstanding the foregoing, either you or LineAngel may bring an individual action in small claims court.
  9. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for such purpose.
  10. This Arbitration Agreement will survive the termination of your relationship with LineAngel.
  11. Notwithstanding the provisions of the modification-related provisions above, if LineAngel changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing LineAngel written notice of such rejection by mail or hand delivery to: LineAngel, Inc., Attn: Dispute Resolutions, 3716 South Hope Street, Suite 313, Los Angeles, CA 90007, or by email from the email address associated with your Account to: support@lineangel.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section.  By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and LineAngel in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

4) Forum and Venue

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  You and LineAngel agree that the jurisdiction and venue of these courts is exclusive.

 

 

Severability

 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

 

Assignment

 

You may not assign these Terms without LineAngel’s prior written approval.  You agree that LineAngel may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LineAngel’s equity, business or assets; or (iii) a successor by merger.  The Terms that are personal to you may not be transferred or assigned to a third party.

 

Any purported assignment in violation of this section shall be void.  No joint venture, partnership, employment, or agency relationship exists between you, LineAngel, or any Service Provider as a result of this Agreement or use of the Services.

 

 

Links to Other Third Party Sites

 

The Services may be made available or accessed in connection with third party services and content (including advertising), and the mobile application and Web site may contain links to or from third-party Web sites (“Linked Sites”), including, without limitation, Web sites operated by advertisers, licensors, licensees, and promotional and business partners of LineAngel.  We have no control over the content of third party services, Linked Sites, or any link contained in a Linked Site, and we do not assume any obligation to review any Linked Sites.  We do not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and we disclaim all liability, direct or indirect, in connection therewith.  We require service providers and trusted vendors who operate Web sites on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements.  Any activities you engage in connection with any Linked Site, however, are subject to the Privacy Policy, conditions of use, and other terms imposed by the operator of the Linked Site, and LineAngel hereby disclaims all liability, direct or indirect, in connection therewith.

 

 

Banners, Advertisements, and Promotions

 

We reserve the right to post banners, advertisements, promotions, and similar content throughout this mobile application and Web site.  Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from LineAngel ‘s policies, so please review them carefully.  Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this mobile application and/or Web site (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security, and the like).  LineAngel hereby disclaims all liability, direct or indirect, in connection with therewith.

 

 

Miscellaneous Provisions

 

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

In these Terms, the word “including” is used illustratively, as if followed by the words “but not limited to.”

 

You agree that any cause of action you may have arising out of or related to these terms and conditions or the mobile application must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

 

LineAngel may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account.  Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).  You may give notice to LineAngel, with such notice deemed given when received by LineAngel, at any time by first class mail or pre-paid post to LineAngel, Inc., Attn: User Notices – Legal, 3716 South Hope Street, Suite 313, Los Angeles, CA 90007.

 

 

Complete Agreement

 

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and LineAngel.  These Terms do no create or confer any third-party beneficiary rights.