1. Introduction
a. Our Platform is the set of APIs, SDKs, tools, plugins, code, technology, content, and services that enables others, including app developers and website operators, to develop functionality, retrieve data from LOVENSE and any other products, or provide data to us.
b. To use Platform (including to Process any Platform Data), you agree to these Platform Terms (“Terms”), as well as all other applicable terms and policies. This may include the LOVENSE Terms and Conditions, and any LOVENSE Product terms that are applicable.
c. You must also comply with the applicable requirements in our developer policies and those made available on our Developer Site, including in our Documentation collectively, the “Developer Docs”)
d. These Terms will start on the earlier of the date you accept them or otherwise start accessing or using Platform, and will continue until you stop accessing and using Platform, unless ended earlier as described below. If you are accepting these Terms or accessing or using Platform on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and you agree on behalf of such entity to be bound by these Terms (and for clarity, all other references to “you” in these Terms refer to such entity).
2. Intellectual Property Rights
a. The intellectual property rights of the information content provided by LOVENSE in this service (including but not limited to web pages, text, pictures, audio, video, graphics, etc.) are owned by LOVENSE, except those owned by others according to law. Unless otherwise stated, the copyright, patent rights and other intellectual property rights of the software on which LOVENSE provides this service belong to LOVENSE. The copyright or trademark rights of the LOGO, "LOVENSE" and other commercial marks used by LOVENSE in this service belong to LOVENSE. The above and any other intellectual property rights owned by LOVENSE according to law are protected by law. You may not use them in any form or create related derivative works without the written permission of LOVENSE. LOVENSE's provision of this service to you is a prerequisite for your use of the above commercial logos in your applications. If LOVENSE no longer provides you with this service, you will not be allowed to use the above-mentioned commercial logos without authorization.
b. Our License to You. Subject to your compliance with these Terms and all other applicable terms and policies, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to use, access, and integrate with Platform, but only to the extent permitted in these Terms and all other applicable terms and policies. You will not sell, transfer, or sublicense Platform to anyone. Except as expressly licensed herein, you will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit Platform or any aspect thereof. LOVENSE’s related subsidiaries and affiliates (hereinafter " LOVENSE ") reserve all rights, title, and interest (including the right to enforce any such rights) not expressly granted in these Terms.
c. Your License to Us
Ⅰ. Your Content:
1. You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any information, data, and other content made available by you or on your behalf (through your App) in connection with Platform (collectively, “Your Content”) for any business purpose in connection with operating, providing, or improving Platform or any other LOVENSE Product. This license remains in effect even if you stop using Platform. Without limitation, your license to us includes: the right to incorporate Your Content into other parts of LOVENSE Products, the right to attribute the source of Your Content using your name, trademarks, or logos; the right to use Your Content for promotional purposes, and the right to analyze Your Content (including to make sure you’re complying with these Terms and all other applicable terms and policies).
2. If you owned Your Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms or any other applicable terms or policies and any access you provide to others by sharing it via Platform.
Ⅱ. Your App:
1. You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your App for any business purpose in connection with operating, providing, or improving Platform. This license remains in effect even if you stop using Platform. Without limitation, the foregoing license includes the right to frame or link to your App, to place content (including ads) around your App, and to analyze your App (including to assess your compliance with these Terms and all other applicable terms and policies).
2. As between the parties, in connection with Platform, we won’t be subject to any terms or policies associated with your App or Your Content (even if we click or tap agreement). Those terms and policies are considered null and void and are rejected and excluded from these Terms.
3. Nothing in these Terms will be interpreted as a representation or agreement that we will not develop or have not developed apps, products, features, or services that are similar to your App or compete with your App.
Ⅲ. Your Name, Trademarks, and Logos: You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your name, trademarks, and logos for distribution, marketing, and promotional purposes, in connection with your use of LOVENSE Products, in all formats and media. This license remains in effect for existing materials and instances even if you stop using Platform.
d. Protecting the Rights of Others
Ⅰ. You will not provide or promote content in your App that infringes upon or otherwise violates the rights of any person or third party.
Ⅱ. You will obtain (and represent and warrant that you own or have secured) all rights necessary from all applicable rights holders to (1) grant the licenses, rights, and permissions in these Terms (including those in Section 2.b (“Your License to Us”)); (2) display, distribute, and deliver all information, data, and other content in your App; and (3) otherwise operate your App. This includes satisfying all licensing, reporting, and payout obligations to third parties.
Ⅲ. If your App contains content submitted or provided by your Users or other third parties, you must have an appropriate notice and takedown process and otherwise comply with all applicable laws and regulations to respond to notices of claimed infringement.
3.Data Use
a. Prohibited Practices. You will not perform, or facilitate or support others in performing, any of the following prohibited practices (collectively, “Prohibited Practices”):
Ⅰ. Processing Platform Data to discriminate or encourage discrimination against people based on personal attributes including race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or any other categories prohibited by applicable law, regulation, or LOVENSE policies.
Ⅱ. Processing Platform Data to make eligibility determinations about people, including for housing, employment, insurance, education opportunities, credit, government benefits, or immigration status. By eligibility determinations, we mean determining whether to provide, deny, or take away a particular benefit (for example, housing or scholarships) as well as determining the terms under which the benefit will be provided, denied, or taken away.
Ⅲ. Processing Platform Data to perform, facilitate, or provide tools for surveillance. Surveillance includes the Processing of Platform Data about people, groups, or events for law enforcement or national security purposes.
Ⅳ. Selling, licensing, or purchasing Platform Data.
Ⅴ. Placing Platform Data on, or otherwise making Platform Data available to, a search engine or directory without our prior express written consent.
Ⅵ. Attempting to decode, circumvent, re-identify, de-anonymize, unscramble, unencrypt, or reverse hash, or reverse-engineer Platform Data that is provided to you.
. Changing your App’s core functionality or data Processing so that Users would view it as an unfamiliar or different App, or materially changing the scope of Processing of previously collected Platform Data, unless in each case you first re-submit your App and receive our approval through App Review.
b. Additional Terms for Restricted Platform Data
Ⅰ. You will not request Restricted Platform Data unless it is necessary to meaningfully improve the quality of the applicable User's experience in the specific product or service for which the User shared the data.
Ⅱ. It must be clear to the User why you are requesting their Restricted Platform Data in order to improve the quality of their experience.
Ⅲ. For clarity, your Processing of Restricted Platform Data must comply with the applicable Developer Docs and other provisions of these Terms (including the Prohibited Practices).
c. Sharing Platform Data.
You may only share Platform Data in compliance with these Terms (including Sections 3.a (“Prohibited Practices”), 3.b (“Additional Terms for Restricted Platform Data”), 4 (“Privacy Policy”), and 5 (“Tech Providers”)), applicable law and regulations, and all other applicable terms and policies, and only in the following circumstances:
Ⅰ. With respect to Platform Data collected as a Tech Provider, solely as described below in Section 5 (“Tech Providers”);
Ⅱ. With respect to Platform Data not collected as a Tech Provider,
1. when required under applicable law or regulation (you must retain proof of the applicable legal or regulatory requirement or request and provide it to us if we ask for it);
2. when a User expressly directs you to share the data with a third party (you must retain proof of the User’s express direction and provide it to us if we ask for it); or
3. solely with respect to Platform Data that is not Restricted Platform Data, with other third parties, so long as:
Ⅲ. you first contractually prohibit them from using the Platform Data in a way that would violate these Terms or any other applicable terms or policies (you must retain proof of the contractual prohibition and provide it to us if we ask for it); and
Ⅳ. you ensure that any such third parties comply with these Terms and all other applicable terms and policies as if they were in your place, and you are responsible for their acts and omissions, including their noncompliance.
d. Retention, Deletion, and Accessibility of Platform Data
Ⅰ. Unless required to keep Platform Data under applicable law or regulation, you must do the following:
1. Make reasonable efforts to keep Platform Data up to date, including Platform Data that has been modified or deleted. You must update Platform Data promptly after receiving a request from us or the User to do so. You must give Users an easily accessible and clearly marked way to ask for their Platform Data to be modified or deleted.
2. Delete all Platform Data as soon as reasonably possible in the following cases:
a. When retaining the Platform Data is no longer necessary for a legitimate business purpose that is consistent with these Terms and all other applicable terms and policies;
b. When you stop operating the product or service through which the Platform Data was acquired;
c. When we request you delete the Platform Data for the protection of Users (which we will determine at our sole discretion);
d. When a User requests their Platform Data be deleted or no longer has an account with you (unless the Platform Data has been aggregated, obscured, or de-identified so that it cannot be associated with a particular User, browser, or device), or for Tech Providers, when a User or the Client requests their Platform Data be deleted or the Client no longer has an account with you;
e. When required by applicable law or regulations.
Ⅱ. If you are required to keep Platform Data under applicable law or regulation, you must retain proof of the applicable legal or regulatory requirement or request and provide it if we ask for it.
Ⅲ. If you have received Platform Data in error, you must immediately report this to us, delete that Platform Data, and provide proof of deletion if we ask for it.
4. Privacy Policy
a. If you use Platform to Process Platform Data, you will provide and comply with a publicly available and easily accessible privacy policy.
b. This policy must comply with applicable law and regulations and must accurately and clearly explain what data you are Processing, how you are Processing it, the purposes for which you are Processing it, and how Users may request deletion of that data.
c. You may only Process Platform Data as clearly described in your privacy policy and in accordance with all applicable law and regulations, these Terms, and all other applicable terms and policies.
d. Your privacy policy will not supersede, modify, or be inconsistent with these Terms or any other applicable terms or policies.
e. You must retain all of your privacy policies in effect while using Platform and provide them to us if we ask for them.
f. You may maintain publicly available links to your privacy policies in the privacy policy field in the settings of your App Dashboard, as well as in any App Store that allows you to do so, if applicable, and ensure the links remain current and up to date.
5. Tech Providers
Ⅰ. If you are a Tech Provider, you must comply with the other provisions of these Terms, as well as the provisions in this section with respect to your use of Platform and Processing of Platform Data as a Tech Provider. If the terms conflict, the terms that are more restrictive on you or more protective of us apply.
Ⅱ. You, as a Tech Provider, understand and agree to the following:
1. You will only use Platform and Process Platform Data on behalf of and at the direction of your Client on whose behalf you access it to help such Client to use Platform or Process Platform Data in accordance with these Terms and all other applicable terms and policies (“Client’s Purpose”), and not for your own purposes or another Client’s or entity’s purposes (for example, you will not Process Platform Data to build or augment user profiles for your own purposes or another Client’s purposes);
2. You will ensure that Platform Data you maintain on behalf of one Client is maintained separately from that of other Clients;
3. You will maintain an up-to-date list of your Clients and their contact information and provide it to us if we ask for it;
4. You will only share Platform Data in compliance with these Terms (including Sections 3a (“Prohibited Practices”), 3b (“Additional Terms for Restricted Platform Data”), applicable law and regulations, and all other applicable terms and policies, and only in the following circumstances:
a. with your applicable Client, so long as you first contractually prohibit such Client from Processing Platform Data in a way that would violate these Terms or any other applicable terms or policies;
b. to the extent required under applicable law or regulation (you must retain proof of the applicable legal or regulatory requirement or request and provide it to us if we ask for it);
c. with the other third parties solely to the extent necessary for your applicable Client’s Purpose; or
d. with the other third parties solely to the extent necessary for such Client’s Purpose and when such Client expressly directs you to share the data with such service provider (you must retain proof of the Client’s express direction and provide it to us if we ask for it);
5. We may require that your Clients agree to these Terms or other applicable terms or policies in order to access LOVENSE Products, Platform, or Platform Data through your App.
6. You will promptly terminate a Client’s use of our LOVENSE Products, Platform, or Platform Data through your App if we request it because we believe that the Client (a) has violated these Terms or other applicable terms or policies or (b) is negatively impacting Platform, other LOVENSE Products, Platform Data, or people who use LOVENSE Products.
6. Data Security
a. Data Security Requirements
Ⅰ. You must always have in effect and maintain administrative, physical, and technical safeguards that do the following:
1. Meet or exceed industry standards given the sensitivity of the Platform Data;
2. Comply with applicable law and regulations, including data security and privacy laws, rules, and regulations; and
3. Are designed to prevent any unauthorized (including in violation of these Terms or any other applicable terms or policies) Processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution, or compromise) of Platform Data.
Ⅱ. You must have a publicly available way for people to report security vulnerabilities in your App to you, and you must promptly address identified deficiencies.
Ⅲ. You must not solicit, collect, store, cache, proxy, or use LOVENSE login credentials of other Users.
Ⅳ. You must not transfer or share user IDs or your access token and secret key.
b. Incident Reporting
Ⅰ. If any of the following incidents happen, you must promptly, and no later than 24 hours after you become aware of the incident, notify us and provide us with information we request regarding:
1. Any unauthorized (including in violation of these Terms or any other applicable terms or policies) Processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution or compromise) of Platform Data; or
2. Any incidents that are reasonably likely to compromise the security, confidentiality, or integrity of your IT Systems or Sub-Service Provider’s IT Systems.
Ⅱ. You must immediately begin remediation of the incident and reasonably cooperate with us, including by informing us in reasonable detail of the impact of the incident upon Platform Data and corrective actions being taken, and keeping us updated about your compliance with any notification or other requirements under applicable laws and regulations.
7. Compliance Review Rights and Suspension and Termination of these Terms
a. App Review. We may require that you submit your App for our review or approval (“App Review”). Whether or not your App (including its access to any Platform Data) is approved (which will be in our sole discretion), you will ensure that your App is compliant with these Terms and all other applicable terms and policies, and we may review your App for such compliance from time to time, in our sole discretion. You will cooperate with our reviews and provide any information we request. We may verify information you provide to us during any such reviews or otherwise in your App dashboard, which you will update to keep it complete and accurate.
b. Regular Monitoring. We, or third-party professionals working at our direction (including auditors, attorneys, consultants, and/or computer forensics analysts) (collectively, “Third-Party Auditors”), may conduct regular monitoring of your App and its access to Platform and Processing of Platform Data using technical and operational measures.
c. Certifications. From time to time, we may request (in writing or through your App dashboard, Platform, or any LOVENSE Product) information, certifications, and attestations relating to your use of Platform or Processing of Platform Data, which you will provide to us in the requested time frame and form. This may include certifying: (i) your compliance with these Terms and all other applicable terms and policies, and (ii) the purpose or use for the Platform Data you have requested or have access to, and that each such purpose or use complies with these Terms and all other applicable terms and policies. All such certifications and attestations must be provided by an authorized representative of yours.
d. Suspension and Termination
Ⅰ. We may take enforcement action against you and your App if we believe, in our sole discretion, that:
1. You have not timely responded to our requests related to monitoring or auditing;
2. You or your App has violated or may have violated these Terms or any other applicable terms or policies or is negatively impacting Platform, other LOVENSE Products, Platform Data, or people who use LOVENSE Products;
3. It is needed to comply with applicable laws or regulations or otherwise required or requested by a court order or governmental authority; or
4. It is needed to protect LOVENSE from legal or regulatory liability.
Ⅱ. We may take enforcement action at any time, including while we investigate your App, with or without notice to you. Enforcement can be both automated and manual. It can include suspending or removing your App, removing your access and your App’s access to Platform, requiring that you stop Processing and delete Platform Data, terminating our agreements with you, or any other action that we consider to be appropriate, including terminating other agreements with you or your ability to use LOVENSE Products.
Ⅲ. We may suspend or end your App’s access to any Platform APIs, permissions, or features that your App has not used or accessed within a 28-day period with or without notice to you.
8. Notice
After you agree to these Terms, any written notice, request, or communications from us to you may be provided via email or mail (for example, to the email address or mailing address in your LOVENSE account with us) or via notifications within the LOVENSE Products (for example, in your account with us). You will keep your contact information current, including name, business name, and email.
9. Disclaimer
a. You understand and agree: In view of the particularity of network services, LOVENSE has the right to change, suspend or terminate part or all of the services at any time based on the overall operation of the open platform or relevant operating specifications, rules, etc. without notifying you. Service, if this causes you losses, you agree to waive LOVENSE's liability.
b. You understand and agree: In order to provide you with more complete services, LOVENSE has the right to regularly or irregularly conduct inspections, maintenance, upgrades, etc. on the platform or related equipment that provides this service. Such situations may cause related services to be delayed within a reasonable period of time. If the service is interrupted or suspended within a certain period of time, if this causes losses to you, you agree to waive any liability against LOVENSE.
c. You understand and agree: LOVENSE’s services are provided according to the status quo that existing technology and conditions can achieve. LOVENSE will do its best to provide you with services and ensure the continuity and security of the services; however, LOVENSE cannot guarantee that the services it provides are flawless, nor can it foresee and prevent legal, technical and other risks at any time, including but not limited to force majeure. , viruses, Trojans, hacker attacks, system instability, third-party service defects, government actions and other reasons that may cause service interruption, data loss and other losses and risks. Therefore, you also agree that even if there are flaws in the services provided by LOVENSE, the above-mentioned flaws are unavoidable by the technical level of the industry at that time, and they will not be regarded as a breach of contract by LOVENSE. At the same time, you will not be liable for any losses such as loss of data or information caused by this. you agree to waive any liability against LOVENSE.
d. You understand and agree that in the process of using this service, you may encounter force majeure and other risk factors, which may cause the service to be interrupted. Force majeure refers to objective events that cannot be foreseen, cannot be overcome and cannot be avoided, and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, and social events such as wars, turmoil, government actions, etc. When the above situation occurs, LOVENSE will strive to cooperate with the relevant units as soon as possible and repair it in a timely manner. If this causes losses to you, you agree to waive LOVENSE's responsibility.
e. You understand and agree: If you suffer losses due to service interruption or obstruction caused by the following circumstances, you agree to waive LOVENSE's liability:
Ⅰ. Damaged by computer viruses, Trojan horses or other malicious programs and hacker attacks;
Ⅱ. Your or LOVENSE’s computer software, system, hardware and communication lines malfunction;
Ⅲ. You operate improperly;
Ⅳ. You use this service in a manner not authorized by LOVENSE;
Ⅴ. Other circumstances beyond LOVENSE’s control or reasonably foreseeable.
f. LOVENSE and the developers both agree and understand:
Ⅰ. The open platform is a neutral platform service provider. Under this agreement, it only provides developers with open interfaces for development services or related neutral technical support services.
Ⅱ. The developer's application shall be developed by the developer himself or shall have the legal right to operate it, and shall bear all responsibilities independently. LOVENSE will not and cannot participate in any activities such as the research and development and operation of developer applications. It is also impossible for LOVENSE to participate in any activities such as the research and development and operation of developer applications.
Ⅲ. Any problems, liabilities, etc. arising from the developer's applications and services, as well as any consequences caused by the developer's violation of relevant laws and regulations or the provisions of this agreement, shall be independently borne by the developer and compensate for losses, and has nothing to do with LOVENSE. For the rights and interests of LOVENSE or others, developers must bear full responsibility and compensate for all losses.
10. Indemnification
If anyone brings a claim, cause of action, or dispute against LOVENSE related to your use of Platform, your Processing of Platform Data, Your Content, or your App, name or logo, products or services, or actions in connection with Platform, you will indemnify and hold LOVENSE harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
11. General
a. In accordance with our Terms, you will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Transferring can include assignment, acquisition, merger, change of control, or other forms of transfer. Any unpermitted transfer will be considered null and void. For any permitted transfer, you can continue to Process Platform Data only for your App subject to these Terms and only after you re-submit your App and receive our approval through our App Review process.
b. If there is any conflict between these Terms and any other applicable online terms, the terms that are more restrictive on you and your App or more protective of us apply.
c. We reserve the right to amend these Terms at any time. Your continued use of or access to Platform after any such amendment will constitute your binding agreement to these Terms as amended.
d. We may change, suspend, or discontinue the availability of Platform at any time. In addition, we may impose limits on certain features and services or restrict your access to parts or all of our APIs or websites without notice or liability.
e. If we elect to provide you with support or modifications for Platform, we may discontinue either at any time without notice to you.
f. We do not guarantee that Platform will always be free.
g. We can issue a press release or otherwise make public statements or disclosures describing our relationship with you or your use of Platform.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOVENSE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LOVENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LOVENSE'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID FOR YOUR LOVENSE DEVICE, IF ANY, IN THE LAST 90 DAYS.
13. GOVERNING LAW AND DISPUTE RESOLUTION, WAIVER OF LITIGATION PROCEEDINGS
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND LOVENSE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH ARBITRATION.
a. This Arbitration Agreement Applies to all “Disputes”. For purposes of this Arbitration Agreement, “Disputes” shall include, but are not limited to, any claims or controversies between you and LOVENSE that are related in any way to these Terms and Conditions, including but not limited to your use of this website, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and LOVENSE, whether occurring on this website, in the mobile application, or in-store, even if the Dispute arises after the termination of your relationship with LOVENSE. Any Disputes shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The applicable law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
b. Choice of Law and Venue. By using the Services and agreeing to the Agreement, you agree that the governing law of the Agreement shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws.
c. 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. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (d) bellow.
d. Waiver of Jury Trial. Should any dispute under the aforementioned arbitration clause be submitted to, for instance, a US court which otherwise holds that the above arbitration clause is invalid and that the case submitted to it is admissible and the court has jurisdiction over the case, YOU AND LOVENSE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL, IF IT IS ALLOWED BY THE LAW OF THAT STATE.
14. Prevailing Language
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions of languages, if any.
