Terms of use for Danube Web Services, LLC, 32 N Gould St.Sheridan, WY 82801

Last Updated: 3/8/2024

ILIAUDIA SERVICES

These Terms and Conditions (hereinafter referred to as "Terms") contain the conditions under which we provide content, products, or services listed on www.iliaudia.com (hereinafter referred to as the "Website"), through our applications (hereinafter referred to as "Applications"), or through other delivery methods to you (the Website and such content, products, services, and Applications collectively referred to as the "Service" or "Services," which may be updated periodically at our discretion) by Iliaudia. Please carefully read these terms before ordering any Services from the Website or through third-party stores (e.g., Apple App Store, Android Play Store, etc.). The terms "Iliaudia," "we," or "us" refer to Iliaudia, Inc. The term "Device" refers to the device used to access the Services, including but not limited to computers, smartphones, desktops, and tablets. The term "you" refers to the user of the Services. When you place an order ("Order") for any Services or otherwise use or access the Services, you agree to be bound by these Terms and all applicable laws, rules, and regulations. We may also ask you to click "Accept" in the appropriate place before purchasing access to the Services. At that moment, if you do not click "Accept," you may not be able to complete such a purchase or gain such access. By using the Services, you indicate your acceptance of these Terms and agree to abide by them. If you do not agree with these Terms, please refrain from using the Services. Our email contact address is www.iliaudia.com. All correspondence to Iliaudia, including any inquiries you may have regarding the use of the Services or these Terms, should be sent to this email contact address.

NOTICE OF ARBITRATION AND WAIVER OF CLASS ACTION

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFIED IN THE ARBITRATION CLAUSE, BOTH YOU AND ILIAUDIA AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

BASIS FOR LICENSE

These Terms and the Order constitute the entire agreement between you and us for the provision of Services. To participate in certain Services, you may be required to agree to additional terms and conditions; such additional terms are hereby incorporated into these Terms. Where such terms conflict with these Terms, the additional terms will apply.
Please ensure that the details in these Terms and on the Order are complete and accurate before using or committing to purchase the Services. If you believe there is an error, please make sure to request written confirmation of any changes from us, as we are only responsible for statements and representations made in writing by authorized officials.
AS PART OF YOUR USE OF THE SERVICES, YOU EXPRESSLY AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL DATA IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORAGE OF YOUR PERSONAL DATA IN THE UNITED STATES FOR PAYMENT PROCESSING AND INDIVIDUAL TRACKING PURPOSES.
USAGE OF SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF DATA PROTECTION AS YOUR COUNTRY OF RESIDENCE, YET YOU CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL DATA IN THE UNITED STATES. WE WILL TAKE MEASURES AS NECESSARY TO COMPLY WITH APPLICABLE LAWS REGARDING THE TRANSFER, STORAGE, AND USE OF CERTAIN PERSONAL DATA.

CHANGES TO TERMS

Iliaudia reserves the right to change or update these Terms or any of our policies or practices at any time and will notify users by posting such changed or updated Terms on this page. All changes or updates will be effective immediately upon posting on www.iliaudia.com. Your continued use of the Services constitutes your agreement to comply with the terms as amended. In certain circumstances, we may also inform you of changes or updates to our Terms in additional ways, such as pop-up windows or notifications through the Services or email.

BECOMING A MEMBER

You may register as a registered user of the Services for free ("Member"). To become a Member, you need to go to the relevant section of the Services, provide us with your email address, and create a password that will be used together with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information and agree to keep it up to date.

You have the legal capacity to enter into binding contracts.
You will maintain the accuracy of such information.
Your use of the Services does not violate any applicable laws or regulations.

AS A MEMBER

You are responsible for maintaining the confidentiality of your account, password, and other User Information and for restricting access to your device to further protect such information. You are responsible for updating your User Information.

USE OF ILIAUDIA BY MINORS

You must be 18 years of age or older, or reach the legal age of majority in your province, territory, or country, to register as a registered user of the Services. Individuals under the age of 18, or those reaching the applicable legal age, may use the Services only with the consent of a parent or legal guardian, under the account of such person, and are otherwise subject to these Terms.

PURCHASE OF AUDIO HOURS

Users purchase audio materials when submitting documents for listening. This is a one-time payment, and the service will be provided only after a successful transaction. By purchasing Iliaudia services, you will gain access to certain sections, features, and capabilities of the Services that are not available to users who do not purchase audio hours. Agreeing to purchase audio hours subscribes you to occasional commercial email messages with special offers, marketing, surveys, and information about the Services. You can easily unsubscribe from Iliaudia commercial email messages by following the opt-out instructions in such communications or by contacting Iliaudia at www.iliaudia.com/contact. Iliaudia service purchases are non-transferable and therefore cannot be sold, exchanged, or transferred in any way. Our obligation to provide the Services begins only after we receive your Order and confirm your purchase via email. We will confirm your Order and send you an email confirming access to the subscription you have purchased.

DETAILS ON THE STATEMENT

General: When you make a service purchase on our platform, details on the statement (i.e., item description seen on your financial statement) will vary depending on the chosen payment method. Details on the statement will display transaction information. Discrepancies and Questions: If you notice any discrepancies or have any questions regarding the transaction, please feel free to contact our customer support team at [email protected]. We advise you to regularly review your financial statements to ensure all transactions are accurate.

CANCELLATION BY US

We may suspend or terminate your use of the Services as a result of your fraudulent activity or violation of any obligation under these Terms. Such termination or suspension may be immediate and without notice. Violation of these Terms includes, without limitation, unauthorized copying or downloading of our audio content from the Services.

PROMOTIONAL CODES

Any promotional code or offer we provide may not be used in conjunction with any other promotional code or offer, whether current or past. Introductory offers are available to new users of the Services only unless explicitly stated otherwise. Previous users or users who have utilized a trial version of the Services are not considered new users. No promotional code or discount will apply to corporate or other joint subscriptions. Unless otherwise stated in the terms of any promotion, all promotional prices or discounts will apply only to the initial subscription period, and all renewals will be charged at the rate in effect upon renewal for the type of subscription you purchased.

REFUND POLICY

If you have reasonable complaints about the service provided, please contact us at [email protected], and we will address your concerns.

PROHIBITED USE OF SERVICES

You agree not to upload, post, email, or otherwise transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software, hardware, or equipment directly or indirectly associated with the Services or the Services themselves. You agree not to disrupt servers or networks that underlie or are connected to the Services or violate any of the network's procedures, policies, or rules associated with the Services. You must not access the Services in an unauthorized manner.
You agree not to impersonate any other person while using the Services, to behave offensively while using the Services, or to use the Services for unlawful, immoral, or harmful purposes.
By violating the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report such violations to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity. In the event of such a violation, your right to use the Services will immediately terminate.

COPYRIGHTS

All materials (including software and content, whether downloaded or not) contained in the Services are owned by Iliaudia (or our affiliated companies and/or third-party licensors, as applicable), unless otherwise indicated. You agree and acknowledge that the materials are valuable property, and except for specific and limited licenses to use such materials, you will not acquire any ownership rights in or to such materials. The materials may not be used except as provided in these Terms, and without our prior written permission or any other relevant terms and conditions that we provide to you.
You acknowledge and agree that certain materials on or within the Services belong to third-party licensors, and regardless of any other rights and remedies available, each such licensor has the right to enforce the relevant provisions of section 12 against you directly.
Audio content from Iliaudia that is not explicitly marked as downloadable may not be downloaded or copied from the Services or any device.
You may not use any part of the materials used within the Services for commercial purposes without our written permission. Material from the Services may not be copied or distributed, nor published or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms automatically and immediately terminates your right to use the Services and may expose you to legal liability. You agree not to use the Services for unlawful purposes (including, without limitation, unlawful, harassing, defamatory, invasive of others privacy, abusive, threatening, harmful, or obscene purposes) and agree to comply with all laws, rules, and regulations regarding your use of the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. device.
You agree not to post Content for distribution with other content that you know to be false, inaccurate, or misleading, or that is, or that encourages activity or behavior that is, unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of others privacy, hateful, or in any way racially, ethnically, or otherwise objectionable. Content for distribution may include trackers that enable the collection of information regarding the distribution and consumption of such content. device.
Otherwise, you may not download, display, copy, reproduce, distribute, modify, perform, transmit, create derivative works from, sell, or otherwise exploit any content, code, data, or materials within the Services. If you otherwise use the Services, or content, code, data, or materials within them, except as otherwise provided above, you may be in violation of copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. Iliaudia will enforce its intellectual property rights to the fullest extent permitted by law, including pursuing criminal prosecution.

Purchase of Audio Hours:

TRADEMARKS

Iliaudia, the Iliaudia logo, and all other Iliaudia product or service marks are trademarks of Iliaudia. All intellectual property, other trademarks, logos, images, product names, and company names displayed or referred to within the Services are the property of their respective owners. Nothing grants you a license or right to use, modify, or remove or copy such material. Misuse of trademarks displayed on the Products is prohibited. Iliaudia will enforce its trademark rights to the fullest extent permitted by law, including pursuing criminal prosecution.

AVAILABILITY OF SERVICES

6.1 While we strive to provide you with the best possible service, we make no promise that the Services will meet your requirements and cannot guarantee that the Services will be error-free. If there is an error in the Services, please report it to us at [email protected], and we will review your complaint and, if deemed appropriate, correct the error. If necessary, we can temporarily suspend access to the Services until we resolve the error. We will not be responsible to you if the Services are not available within a commercially reasonable timeframe. 6.2 Your access to the Services may be occasionally restricted for repairs, maintenance, or the introduction of new features or services. We will restore the Services as soon as reasonably possible. In case of unavailability of the Services, our usual order and cancellation terms apply; please notify us of changes to your order via email at [email protected].

USER MATERIALS

You may be allowed to submit materials through the Services, such as uploading a photo to your profile, posting books and comments in the community, and commenting on various things in different parts of the Services. You may be able to upload text, videos, images, or sounds. In these Terms, we use the term "User Materials" to refer to any publicly available material of any kind that you provide to us, including text, files, images, photos, videos, sounds, as well as musical or literary works. User Materials do not include account information, information about product purchases, or information about your use of the service that you provide during registration and use of the Services.
This section 7 sets forth the rights and obligations we have regarding User Materials. If you browse or submit User Materials, you agree to do so in accordance with these Terms. If you do not want to browse or submit User Materials in accordance with these Terms, you should not do so.
We do not systematically review the User Materials you have submitted or those submitted by other users. We are not responsible for the content of User Materials you have submitted or that have been submitted by other users. We do not necessarily endorse the opinions contained in such material. We do not make any representations or warranties, express or implied, about User Materials, including their legality or accuracy.
We reserve the right, at our sole discretion, to refuse to post or remove or edit any of your User Materials, or to restrict, suspend, or terminate your access to all or part of the Services, especially if User Materials violate this section 7, and we may do so with or without prior notice.
We may link User Materials or parts of User Materials to other material, including material submitted by other users or created by Iliaudia or other third parties. We may use User Materials for our internal business purposes, such as trend analysis or category analysis, or for promotion, marketing, or advertising of Iliaudia. You acknowledge that we may indirectly derive commercial benefit from the use of your User Materials.
Each time you submit User Materials to us, you warrant to us that: You have the right to submit the User Materials and grant the licenses described in these Terms. You have obtained any and all necessary consents, permissions, or licenses to use the User Materials in the manner described in these Terms, including, but not limited to, a release or permission from any person or entity depicted in the User Materials. The User Materials do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party. The User Materials do not violate any applicable laws or regulations, including but not limited to laws related to obscenity, defamation, or harassment. The User Materials are not defamatory, obscene, offensive, hateful, or otherwise objectionable as determined by us in our sole discretion. The User Materials do not contain any viruses, worms, or other malicious code. The User Materials do not violate any specific guidelines or policies we may have in place for the Services. By submitting User Materials, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Materials in connection with the Services and our business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Services a non-exclusive license to access your User Materials through the Services and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Materials as permitted through the functionality of the Services and under these Terms. The above licenses granted by you in User Materials terminate within a commercially reasonable time after you remove or delete your User Materials from the Services, provided that any sub-license by us to use, reproduce, distribute, prepare derivative works of, display, or perform User Materials that you have removed or deleted will terminate as soon as practicable. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of User Materials that have been removed or deleted. The above licenses granted by you in User Materials are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, we may use any User Materials for any lawful purpose, including but not limited to, marketing, advertising, and promotional purposes. (a) You own your User Material or have the right to submit it, and by submitting it, you will not violate any third party rights, including intellectual property rights (such as copyright or trademark protection), privacy rights, or rights of publicity, confidentiality, or contractual rights. (b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered criminal, nor does it lead to civil liability, violate the law, or otherwise be inappropriate. (c) Your User Material does not advertise a product or service or seek business. (d) Your User Material does not identify a person (including their name, address, or photograph or video) under the age of 18, and if your User Material identifies a person over the age of 18, you have that person's consent to be identified in that way in your User Material, and by submitting your User Material, you do not impersonate another person. (e) You will not collect user names and/or email addresses of users for sending unsolicited email. (f) You will not engage in criminal or tortious activity, including fraud, spamming, sending viruses or other harmful files, infringing copyrights, patents, stealing trade secrets, or attempting to impersonate another user or person. (g) You will not engage in automated use of the system, such as using scripts to change our content. (h) You will not access, modify, or use unpublished portions of the Services, Iliaudia's computer systems, or Iliaudia's technical delivery systems without authorization. (i) Except as necessary for maintaining your own computer security by using commercially available antivirus or anti-malware products, you will not probe, scan, or test the vulnerability of the Services or any other system or network of Iliaudia or breach security or authentication measures.
We have the right to identify you to third parties claiming that their rights have been violated by User Material you have provided.
This section applies to our Services. User Materials are not considered confidential. You agree not to submit content as User Material in which you have an expectation of privacy. We do not claim any ownership rights to User Materials. However, by submitting User Materials, you grant Iliaudia an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, broadcast, copy, perform, display, edit, distribute, and otherwise exploit the User Materials or any portion thereof, and any ideas, concepts, or know-how contained therein, with or without attribution, and without the requirement of permission or payment to you or any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any media now known or hereafter devised, and to create derivative works of, or incorporate into other works, such User Materials, and to grant and authorize sublicenses of the foregoing without any compensation to you or any third party. Iliaudia may include your User Material in Iliaudia's Content Distribution that is made available to others through the Products. Please note that Iliaudia has no control over User Materials once they leave the Products and that it is possible that others may duplicate found material on the Products, including, but not limited to, other websites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Iliaudia and its affiliated companies for all claims arising from or in connection with any claims for rights in your User Material or any damages arising from your User Material.

LINKS TO WEBSITES/DISCLAIMER

8.1. We can provide links to other websites or services that you can access. You acknowledge that each access is your personal decision and solely for your information. We do not review or endorse any of these websites or services in any way. We are not responsible for: (a) their availability, (b) privacy practices, (c) content, advertising, products, goods, or other materials or resources on or available from these websites or services, or (d) the use that others make of these other websites or services. We are also not liable for any damage, loss, or offense caused or alleged to be caused, or in connection with the use or reliance on such websites or services. 8.2. You may place a link to our homepage, under fair and lawful conditions that do not tarnish our reputation or misuse it, but you must not link in a way that suggests any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not yours. The services must not be framed on any other website, nor may you create a link to any part of the Services without written permission from ILIAUDIA. We reserve the right to withdraw linking permission with written notice. The website from which you link must comply in all respects with the content standards set out in our acceptable use policy. If you wish to use material on or within the Services in any way other than stated above, please contact our support team at [email protected].

SERVICE DISCLAIMER

The information contained in the Services is intended for general informational purposes only. While we strive to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability concerning the Services or the information contained in the Services for any purpose. Any reliance on such information is strictly at your own risk. 9.1 This section pertains to Services other than ILIAUDIA. Between you and ILIAUDIA, you own the content and information you submit to the products. By submitting, uploading, posting, sending an email, or otherwise providing entries to the products, you grant, represent, and warrant that you have the right to grant ILIAUDIA a non-exclusive, royalty-free, worldwide license to use, broadcast, copy, perform, display, edit, and distribute and otherwise exploit the Entries, or any part thereof, and any ideas, concepts, or knowledge contained therein, with or without attribution and without the need for permission or payment to you or any other person or entity, in any way (including, without limitation, for commercial, promotional, trade, promotional, or advertising purposes) and in all media now known or hereafter developed, and to prepare derivative works from such Entries or incorporate them into other works, and to grant and authorize sublicenses of the foregoing without paying money or any other type of compensation to you or any third party. You also acknowledge that your Entries will not be returned, and ILIAUDIA has no obligation to acknowledge receipt or respond to any Entries. By submitting an Entry, you represent and warrant that you own or otherwise control the rights to your Entry. You agree to indemnify ILIAUDIA and its affiliated companies for any claims arising out of or related to claims for any rights relating to any Entry or any damage resulting from any Entry.

MEDICAL DISCLAIMER

10.1. We are not a healthcare or educational service provider, and our Services should not be considered as medical advice. Only your doctor or another healthcare provider can provide medical advice. ILIAUDIA does not claim, represent, or guarantee that the Services offer medical benefits. 10.2. All health-related information and links on the Services, whether provided by ILIAUDIA or external providers, are provided solely for your convenience. 10.3. All advice or other materials within the Services are intended for general informational purposes only. They are not intended for reliance and are not a substitute for professional medical advice based on your individual condition and circumstances.

END USER LICENSE AGREEMENT

11.1. Subject to the terms of this License Agreement ("License Agreement") as stated in this section 11, and these other terms, and upon your payment of the applicable fee, ILIAUDIA grants you a limited, non-exclusive, revocable license to stream, download, and personally use the Services for non-commercial purposes. 11.2. The Service contains or incorporates copyrighted material, proprietary material, or other intellectual property of ILIAUDIA or its licensors. All rights, title, and ownership in the Services remain with ILIAUDIA or its licensors, as applicable. The rights to download and use the Services are granted to you and are not sold to you, and you have no rights to them except to use them in accordance with this License Agreement and our other terms. 11.3. You agree that you will not, nor will you assist or allow any third party to: (a) Copy, store, reproduce, transmit, modify, adapt, reverse engineer, decompile, or disassemble the Services in any way, or create derivative works of the Services; (b) Use the Services or any part thereof to create a tool or software product that can be used to create software applications of any nature; (c) Rent, lease, sublicense, sell, or distribute the Services in whole or in part; (d) Manipulate the Services or bypass any technology used by ILIAUDIA or its licensors to protect the content available through the Services; (e) Bypass any territorial restrictions applicable to the Services; or (f) Use the Services in a manner that violates this License Agreement or other terms. 11.4. You must not make the Services available to the public. The Service, whether in whole or in part, is the property of ILIAUDIA or its licensors, and your use must be in accordance with these Terms.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

12.1. We are committed to respecting copyright and related laws and require all users of the Services to comply with these laws. Accordingly, you must not store any material or content on the Services or distribute any material or content through the Services in a manner that constitutes an infringement of the intellectual property rights of third parties, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. You must not post, modify, distribute, or in any way reproduce any copyrighted material, trademarks, or other proprietary information of others without the prior written consent of the owner of such proprietary rights. Our policy is to terminate privileges of any user who repeatedly infringes the copyrights of others upon proper notice provided to us by the copyright owner or legal representative of the copyright owner. 12.2. If you believe that a posted message is inappropriate or violates copyright, we encourage you to contact us immediately. Upon receipt of a proper DMCA notice of alleged infringement, we will promptly respond to remove or disable access to the material claimed to be infringing and follow the procedures specified in the DMCA for resolving disputes between the notifying party and the alleged infringer who provided the disputed content. Our designated agent (i.e., the appropriate party) to whom you should direct such notice is listed below. 12.3. If you believe your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Services; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or intellectual property owner or authorized to act on behalf of the copyright owner or intellectual property owner. (g) Our designated agent for notices of claims of copyright infringement can be contacted as follows: MAIL: Danube Web Services, LLC, 32 N Gould St.Sheridan, WY 82801 E-MAIL: [email protected]

ASSIGNMENT BY US

ILIAUDIA may transfer its rights and obligations under these Terms to any company, firm, or individual at any time, provided it does not significantly affect your rights. You may not transfer your rights or obligations under these Terms to any other person. These Terms are personal to you, and no third party has the right to use them except as specified herein.

INDEMNIFICATION BY YOU

You agree to defend, indemnify, and hold ILIAUDIA and its directors, officers, members, investors, managers, employees, and agents harmless from all claims, liabilities, costs, and expenses, including reasonable attorney's fees, arising in any way from your use of the Services, your posting or transmitting any message, content, information, software, or other submissions via the Services, or your violation of the law or these Terms. ILIAUDIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ILIAUDIA's defense of such claim.

WARRANTIES AND LIMITATIONS

We provide a warranty that the Service you purchase from us, upon delivery, will substantially conform to its description and be of reasonable satisfactory quality.
We warrant that we will use reasonable skill and care in providing the Services during your subscription.
Nothing in sections 13.3 or elsewhere in these Terms shall exclude or in any way limit ILIAUDIA's liability for: fraud; death or personal injury caused by negligence; or liability to the extent that it cannot be excluded or limited as a matter of law.
Otherwise, the Services and their content are provided "as is," and we make no representations or warranties of any kind regarding them, including the accuracy, completeness, or timeliness of the Services or their content. We assume no responsibility or liability for any errors or omissions in the content of the Services or any problems, delays, or interruptions in the provision of the Services. We disclaim and exclude any express or implied warranties or representations, including any warranties of merchantability or fitness for a particular purpose of the Services to the fullest extent permitted by law. We make no warranties or representations, express or implied, regarding the timeliness, accuracy, quality, completeness, or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, regarding the technical availability, suitability, or flawlessness of the Services. We make no warranties or representations that your use of the content and information posted on the Services will not infringe the rights of third parties.
All conditions, warranties, and other terms that might otherwise be implied by law, common law, or the law of equity are, to the extent permitted by law, excluded.

NO WAIVER

If we delay using or fail to use or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other right under these Terms.

FORCE MAJEURE

We will not be liable to you for any failure, unavailability, or non-performance of the Services, or for any delay or failure on our part to perform these Terms, where such failure, unavailability, or non-performance arises from any cause beyond our reasonable control.

INTERPRETATION

In these Terms, unless the context requires otherwise: i. any phrase introduced by the words "including," "include," "in particular," "for example," or any similar expression shall be construed as illustrative and shall not limit the generality of any preceding words; and ii. references to the singular include the plural and references to the masculine gender include the feminine gender, and vice versa, in each case.

ELECTRONIC COMMUNICATION

(a) Applicable laws require that some information or communications we send to you be in writing. By using the Services, you agree to engage in electronic business with us, and that communication with us will be primarily electronic. We will contact you via email or provide information to you through postings on the Services. You consent to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. (b) To retain a copy, please select "Print" and choose an appropriate printer. If you do not have a printer, you can copy the text and relevant agreement(s) and paste them into a new document in your word processing or text editor software on your computer and save the text. (c) You have the right to receive a paper copy of communication. To receive a paper copy, please request it by sending an email to [email protected]. (d) We may charge you a reasonable fee for sending a paper copy of any communication. We will either include such a fee in our pricing or notify you of the cost and give you the choice of whether you want us to send you a paper copy. Please be sure to specify that you are requesting a copy of a particular communication. (e) To receive and view an electronic copy of communication, you must have the following equipment and software: (i) A personal computer or other device capable of accessing the internet. Your access to this page confirms that your system/device meets these requirements. (ii) An internet browser that supports 128-bit SSL encryption of communications, JavaScript, and cookies. Your system or device must have software for 128-bit SSL encryption. Your access to this page confirms that your browser and encryption software/device meet these requirements. (f) To retain a copy, you must either have a printer connected to your personal computer or other device, or alternatively, the ability to save a copy through print or software services such as Adobe Acrobat®. If you have word processing or text editing software on your computer (g) You can also contact us via email at [email protected] to withdraw your consent to receive any future electronic communications, including if the technical requirements described above change and you no longer meet the necessary system requirements. If you withdraw your consent, we may terminate your use of the Services. (h) We reserve the right, at our discretion, to discontinue providing your electronic communications, or to discontinue or change the terms and conditions under which we provide electronic communications. We will notify you of any such discontinuation or change as required by law.

NOTICES

Unless otherwise specifically stated, all notices to us must be sent to ILIAUDIA at [email protected]. We may send notices to you at the email address you provide during registration or by any other means specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Services or when sent by email or other electronic communication. To prove service of any email notice, it will be sufficient to prove that such email was sent to the specified recipient's email.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings, or agreements between us regarding their subject matter. Each of us acknowledges that neither of us relies on, or will have any remedies in respect of, any statement or warranty (whether innocently or negligently made) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those statements and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.

THIRD-PARTY RIGHTS

A person who is not a party to these Terms shall have no rights under them except as provided in section 12 (DMCA).

OUR LIABILITY

(a) We will use reasonable endeavors to remedy faults in the Services. If we fail to comply with these Terms, we are responsible only for loss or damage you suffer that is a foreseeable result of our breach of these Terms. We will not be liable for: (i) Any malfunction of your computer during the registration process or during the completion of the subscription or during the data transmission and/or for inaccurate or slow data transmission by your internet service provider and/or for any damage that arises due to data you provided that we did not receive or were not received in a timely manner or were not processed, as a result of technical problems with our software or hardware (whether within or outside our control). (ii) Any loss or damage due to viruses or other malicious software that may infect your device, computer equipment, software, data, or other property caused by accessing, using, or downloading from the Services, or through email transmission or attachments you received from us. (iii) Any use of websites linked to the Services but operated by third parties. (b) To the extent permitted by law, ILIAUDIA and its affiliates, suppliers, clients, or licensors (collectively, "Protected Entities") shall not be liable for consequential, exemplary, or punitive damages arising out of or directly or indirectly related to the use, or inability to use, the Services or the content, materials, and functions associated with them, your provision of information via the Services, or lost business or lost sales, or any errors, viruses, or bugs contained in the Services, even if such Protected Entity has been advised of the possibility of such damages. In any event, the total liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising out of these Terms of Use or your use of the Services shall not exceed, in the aggregate, the amount, if any, you have paid to ILIAUDIA for your use of the Services.

ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO RESOLVE DISPUTES WITH ILIAUDIA THROUGH BINDING ARBITRATION AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ILIAUDIA. (a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court shall be resolved through mandatory binding arbitration on an individual basis, except that you and ILIAUDIA are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. (b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA's rules for consumer arbitration are available online at www.adr.org or by calling 1-800-778-7879. (g) You may also contact us via email at [email protected] to withdraw your consent to receive any future electronic communications, including if the technical requirements described above change and you no longer meet the required system. If you withdraw your consent, we may terminate your use of the Services. (h) We reserve the right, in our sole discretion, to discontinue electronic communications, or to change the terms and conditions under which we provide electronic communications. We will notify you of any such discontinuance or change as required by law.

EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and ILIAUDIA agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the federal courts located in the Central District of Wyoming, United States.

CHOICE OF LAW

Except for any federal law claims, these Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles.

SEVERABILITY

If any provision of these Terms is found to be unenforceable, that provision will be severed from these Terms, and the remainder of these Terms will be deemed valid and enforceable. These Terms were last reviewed on January 1, 2024. Please note that the terms and conditions provided are a legal agreement, and it's important to understand them fully before agreeing to them. If you have any specific questions or need further clarification about any part of these terms, it's advisable to consult with legal counsel or contact ILIAUDIA directly for assistance. Danube Web Services, LLC, 32 N Gould St.Sheridan, WY 82801