Website Terms & Conditions
(“Terms of Use”)
INTRODUCTION
These Terms & Conditions were last modified on September 25, 2025.
Welcome! Thank you for reading these terms of use (“Terms”).
The Terms apply to your use of the ALLMYNE App presented by ALLMYNE.COM 21:21, INC., d/b/a ALLMYNE (the “Company” or “we” or “us” or ALLMYNE”).
By downloading the ALLMYNE App (the “App”), making a purchase through the App, or by otherwise accessing or using the App, you agree to be bound by these Terms. If you do not agree with these Terms in any respect, you should immediately discontinue use of the App and delete the App.
In these terms and conditions, “you”, “User”, “user”, “Customer”, and “your” means you as a user of the App.
The Services
The Company provides Users with access to the App, an interactive, geo-tracking, tour planning, photo journal travel app that keeps users, their families, and friends connected to current, past, and future trips.
The App includes both a free and paid (pro) version and is accessible through Google Play and the App Store. It offers Users in-app upgrades and access to third party resources including photo and album printing, postcard design and printing, increased photo, video and data storage, access to travel and tour guides, and more.
The App includes an internal chat system that allows Users to connect with each other, as well as a feedback/contact section so Users can provide feedback or reach out for support.
Services or products offered through third-party vendors may take you out of the App and to the vendor’s site where the transaction will be completed.
The following are examples of free and paid for services that may be offered through the App. For a complete list of free and paid for services, please visit our website at https://allmyne.com.
Regular User Features:
- Connect with local guides and hosts for curated experiences. 80% of each booking is paid directly to the host.
- Use the ALLMYNE AI+ to explore unlimited personalized categories of local attractions, hidden gems, and recommendations.
- Access ALLMYNE AI+ to build itineraries using up-to-date information, local event details, operational hours, and travel tips.
- Instantly generate and send digital or printed postcards/greeting cards to recipients from within the App.
- Participate in the referral program: earn 5% of gross revenue from Pro upgrades purchased via your referral code; no caps apply.
- Plan and organize activities, contact guides, arrange tours, record geo-tracking for visited locations, manage journals (photo, text, drawing, voice), transform journals into physical and digital albums, share digital journals and albums, follow/friend family and friends, receive automatic location-based notifications, maintain up to 500 MB storage, and create a creative work library (sketches, music, poems, etc.).
Pro features:
All the features included in the Regular User version, plus:
- Trailblazer Mode: enables hands-off, continuous geo-tracking and automatic organization of location, photo data, and auto journal creation.
- Private Community Journals: invite others to collaborate in secure, private journals that are separate from public or social platforms.
- Access to exclusive featured content ALLMYNE Branded Travel “Hubs”: immersive itineraries, video guides, and curated content spotlighting regional and cultural innovators.
- Unlimited storage for photos, journals, and voice recordings, with the ability to embed audio memos and maintain perpetual secure storage.
- Effortless album creation: sort and layout photo collections automatically for convenient print ordering of custom albums.
- The Company reserves the right to update or modify available Pro features at its sole discretion pursuant to the revision terms set forth in these Terms.
Referral Program.
Share and Earn: Get 5% of gross revenue from each Pro upgrade purchased via your referral code.
Payment
Payment is not required for the free version of the App. However, before using the pro version or accessing the services or upgrades associated with the pro version, you will be required to make payment which may be made as a one-time fee or a monthly recurring fee over a set period of 12 months. You will have the option to select your payment interval at the point of upgrade or checkout. You agree to pay the amount agreed for access to your respective level within the App. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for services may be pre-paid or by installment, as selected by the User. Failure to make an installment payment will result in suspension or termination of the pro version of the App and its respective services, and your subscription will be downgraded to the free version of the App. The Company does not guarantee any specific results from use of the App or any services offered within the App, regardless of whether you have paid for pro version. The Company does not make any representations or warranties as to specific outcomes or results. Upgrading unlocks additional features, as detailed herein. Failure to maintain payment for Pro access will automatically revert your account to Free user status without affecting access to basic features.
Refund Policy
For our free or our pro monthly subscriptions, you may cancel at any time. There are no refunds for payments previously made to the Company. You will continue to have full access through the end of the month term for which you paid.
For our paid-in-full yearly subscriptions, you may cancel at any time. Except as otherwise provided in these Terms, you will be refunded on a pro-rated basis, based on a monthly amount derived by dividing the annual fee by 12, starting in the month following the end of the current monthly cycle. For example: if a User purchases the yearly subscription and cancels at 8½ months, the subscription cancellation will be effective at the end of the 9th month and will be refunded 3 months of subscription fees).
Term
These Terms are effective for the duration of your use of the App (the “Term”). Failure to pay for the pro upgrade or services, including the monthly subscription fee, will result in termination of the pro level services within the App, and your membership will be downgraded to the free version, unless you cancel your account. You may cancel your account at any time by accessing “Accounts” inside of the App, and selecting “Cancel”.
Account Access, Hosted Services & Limitations
You will obtain access to the App and the information and services within the App (the “Hosted Services”) at sign up using a log-in or username and an alphanumeric, case sensitive password, which credentials you agree to keep confidential. The Company hereby grants to you a worldwide, non-exclusive license to use the Hosted Services in accordance with these Terms during the Term.
Restrictions on Use of Hosted Services
You may not share your credentials or allow others to use the Hosted Services through your credentials, sub-license your right to access and use the App, permit any unauthorized users to access or use the Hosted Services, republish or redistribute any content contained in the Hosted Services, conduct, make any alteration to the platform, or request or permit any third party to conduct load testing or penetration testing of the Hosted Services, or use the Hosted Services in any way that causes damage to the platform or Hosted Services or impairs access by others to the Hosted Services. You are prohibited from using the Hosted Services for or in connection with any unlawful, illegal, harmful or fraudulent purpose or activity.
Release of Software Features
The release and update of anticipated features of the Hosted Services that are under development may be subject to impacts and delays beyond the Company’s control. Company will make reasonable efforts to meet stated deadlines and/or release dates, but will not be responsible for any losses, damage, financial impacts or other issues that may arise due to any delays.
Third Party Platforms and Policies
Company is not responsible for and will not be held liable for any decisions, policies or changes made by third-party platforms, software, hardware, or support services that impact the User’s use of or access to the Hosted Services. This includes but is not limited to changes or impacts to website browsers, App platforms including the App Store or Google Play, operating systems, software or hardware, or any other third-party service or application. Company is not responsible if, for any reason, User’s app is terminated or precluded from a third party platform or service, or if User is prevented from using or accessing the Hosted Services due to any reason beyond Company’s control. Similarly, if a relevant third party implements a policy change, an update to their platform or services, or otherwise makes a decision that prevents Company from continuing its Hosted Services in the marketplace, Company will not be liable for such a change or its resulting impact on User.
Tour Guides
You understand, agree and acknowledge that Company is not a travel agent. Tour guides listed on the App are not employees of Company and are independent contractors. Rather, the App enables you to learn of and connect with potential tour guides in locations you may seek to visit. Each tour guide with which you engage may impose their own rules concerning their communications and relationship with you. The Company is not a party to any agreement that you may enter into with any tour guide listed in the App. The Company’s sole involvement with tour guides is to collect some or all fees that will be paid to the tour guide and to facilitate communications with tour guides. Notwithstanding the foregoing, when engaging with a tour guide through the App, you agree to comply with all applicable laws, statutes, codes, regulations and rules and not promote or encourage, directly or indirectly, the violation by anyone of any applicable laws, statutes, codes, regulations or rules. The cancellation policy selected by the tour guide shall apply to you.
Tour Guide Cancellation
All tours listed in the App will identify which of the following cancellation policies apply:
1. Flexible Cancellation Policy
You secure the tour guide booking by paying an initial minimum 15% deposit of the total tour amount through the App. If you cancel the tour at least 48 hours prior to the start of the tour, you will forfeit the 15% deposit. If you paid the full price of the tour in advance and cancel up to 48 hours prior to the start of the tour, you will receive a refund for the remaining 85% balance. If you cancel less than 48 hours prior to the start of the tour or do not show up for your tour, you will be charged the full amount of the tour.
2. Moderate Cancellation Policy
You secure the tour guide by paying an initial 50% deposit of the total tour amount through the App. You will pay the Tour Guide the 50% balance upon meeting in person. If you cancel the tour at least 48 hours prior to the start of the tour, you will forfeit the 50% deposit. If you paid in full and cancel at least 48 hours prior to the start of the tour, you will receive a refund for the 50%. If you cancel less than 48 hours prior to the start of the tour or do not show up for your tour, you will be charged the full amount of the tour.
3. Strict Cancellation Policy
You secure the tour guide by paying the entire tour price upfront through the App. If you cancel the tour, you forfeit the entire tour price paid.
4. Tour Guide Cancellation
There may be occasions where a tour guide is unable to honor the tour and must cancel for a variety of reasons. In that case, the tour guide will immediately notify you and initiate a 100% refund to of all paid fees.
Customer’s Use of Third Party Photo Platforms
To the extent that you access any third party suppliers through the App or Hosting Services for the purpose of collecting, gathering, managing, or purchasing photos, videos, postcards, content, materials and/or data, whether in digital or print, you agree to abide by the terms set forth by such applicable third party. You further represent and warrant that you own or have obtained from any relevant party, all rights, title and interest, including without limitation, any intellectual property rights, copyrights, patent rights, trademark rights, trade name rights, trade secret rights or confidentiality rights to any and all content that you provide through the App or Hosting Services to any third party. In addition, you agree to:
- Comply with any requirements set by such third parties and to ensure that any content to be printed will be of sufficient quality, meaning a minimum of 250 dpi, and you will follow exact formatting and layout instructions and correct data as may be required by such third party.
- Provide pictures of any flawed items received to the third party from which you purchased it as soon as possible after discovery of the flaw and in any case no later than within 3 months of receiving the flawed item.
- Report the non-delivery of any item to the third party from which you purchased it as soon as possible but no later than 3 months after the date you ordered it.
- Immediately inform the third party if you become aware that you no longer possess any part or all of the rights you had in any content you conveyed to such third party.
- To the fullest extent permitted by applicable law, indemnify and defend such third party, and the Company, against any costs, damages, liabilities, claims, suits, actions or proceedings brought against such third party and/or the Company arising out of such third party’s use of content you provided to such third party.
Software Code
The software code related to the App is proprietary and at all times remains the exclusive property of the Company. You have no right to access for any reason the software code (including object code, intermediate code and source code) during or after the Term.
Software Maintenance
Company shall make reasonable efforts to maintain the availability of the Hosted Services but does not guarantee 100% availability or performance. Company anticipates that there is at least some likelihood that any of the following events may occur during the Term, the occurrence of which shall not constitute a breach of these Terms: a failure or technical issues involving the internet or public telecommunications network, a fault or failure related to your (the User’s) mobile device, computer systems or networks, a Force Majeure Event, and/or scheduled maintenance or updates carried out in accordance with these Terms.
Company will make reasonable efforts, where practicable, to provide advance notice regarding any maintenance or updates to be performed which may affect the availability of the Hosted Services or which may have an adverse impact on the functionality of the Hosted Services. Company will also attempt to conduct maintenance and updates within limited windows, whenever possible, and limit any related downtime.
You acknowledge that a temporary suspension of services, or downtime related to maintenance or updates of the Hosted Services, shall not constitute a breach of these Terms and is anticipated by both parties.
Software Support
User may submit support requests to Company’s support team at info@allmyne.com. The support request will be handled through Company’s ticketing system and will be reviewed and sent to Company’s development team if necessary. Company will process support requests as quickly as possible, however there are no guarantees regarding response or support time. Company may suspend the provision of the support services related to pro-level services or upgrades within the App if User is not paying for the pro-level services or upgrades.
Customer/User Data
You hereby grant to Company a non-exclusive license to store, reproduce, copy, distribute, export, publish, edit and translate the Customer or User Data (collectively “User Data”) as may be reasonably required to perform its obligations and exercise its rights in accordance with these Terms. You also grant Company the right to sub-license these rights to any supporting third-party service providers in order to perform under these Terms, subject to any restrictions elsewhere in these Terms.
You represent and warrant that all User Data (all data, material and content uploaded to or stored on the App by the User), does not infringe the intellectual property rights or other legal rights of any third party, and does not violate any law or regulation. The Company may make back-ups of User Data as reasonably required to provide or restore the Hosted Services but shall only keep said data for a limited time, subject to the sole discretion of the Company. User is at all times responsible to keep its own copies of any data uploaded to or stored on the App provided by Company.
For any personal user data disclosed to Company in connection with these Terms, User represents and warrants that it has the legal right to disclose and share such personal user data.
Geolocation Tracking
To provide certain services in the App, we must collect, transmit, and use information about your device’s precise location. You will be asked to provide your explicit, voluntary consent to enable location services. This location data may be collected even where the App is not actively in use (“in the background”) if you grant us permission to do so through your device settings. You may manage or revoke your consent for location tracking at any time by adjusting the settings on your device. Specifically,
- We may collect, use and process precise or approximate geolocation information from your device in order to provide location-based features, including but not limited to: displaying nearby attractions, accommodations, dining and transportation options; delivering personalized travel recommendations; enabling route planning, navigation and trip coordination; and recording your location for your use within the App and in connection with photographs you upload to the App.
- By enabling location services on your device and using our App, you consent to our collection and use of your geolocation data as described in these Terms and our Privacy Policy. You may withdraw your consent at any time by disabling location services in your device settings; however, certain features of the App may not function properly without access to geolocation data.
- Geolocation information is provided by your device’s operating system and service providers. We make no representations or warranties regarding the accuracy or completeness of location data.
- We will only collect data necessary for the intended purpose and will avoid excessive collection.
- We do not sell any geolocation tracking information. We may share geolocation data with trusted third party service providers (such as map providers, analytics partners, and for third parties to fulfill orders placed through the App). We may disclose geolocation information if required by law, regulation, or valid legal process.
- We retain geolocation data only for as long as necessary to fulfill the purposes described above or as otherwise required by law.
- You can control whether location services are active through your device’s privacy settings. Disabling geolocation tracking may limit your ability to use some features of the App.
Use of Artificial Intelligence.
1. AI-Powered Features.
The App may use artificial intelligence (“AI”) and machine learning technologies to provide certain features and to enhance the user experience. These features may apply to all portions of the App and may include, but are not limited to:
- Personalized travel recommendations and itineraries.
- Natural language assistance for trip planning and customer support.
- Predictive tools for travel times, pricing, or availability.
- Automated translations or content suggestions.
2. Accuracy and Limitations
While we strive to ensure the accuracy and usefulness of AI-generated outputs, you acknowledge and agree that:
- AI-generated content may not always be complete, accurate, or up to date.
- AI recommendations are for informational purposes only and should not replace your own judgment or professional advice (for example, safety, visa, or legal travel requirements).
- We are not liable for any loss, harm, or inconvenience caused by reliance on AI-generated information.
3. User Data and AI
To deliver AI features, the App may process certain personal and non-personal data, including search queries, preferences, location, and historical usage patterns. Such data may be used to train, refine, and improve our AI models, subject to our Privacy Policy.
4. Third-Party AI Providers
Some AI-powered services within the App may be provided by third-party vendors. By using these features, you acknowledge that your data may be processed by such vendors in accordance with their own terms and privacy practices.
5. User Responsibility
You remain responsible for verifying AI-provided information before making travel decisions. You agree not to misuse AI-powered features, including attempting to manipulate, reverse-engineer, or exploit the AI systems.
6. Updates to AI Features
We may modify, suspend, or discontinue AI-powered features at any time without notice. We may also update these Terms as AI technology evolves.
Compliance with All Laws
You are responsible for complying with all laws related to your use of the Hosted Services and the App including all laws that are applicable in your jurisdiction. Nothing contained in these Terms is in derogation of our right to comply with governmental, court (or other tribunal), and law enforcement requests or requirements relating to your use of the Hosted Services or the App or information provided to or gathered by us with respect to such use.
No Assignment of Intellectual Property Rights
Nothing in these Terms shall operate to assign or transfer ownership of any intellectual property rights of the parties from one to the other. The parties retain ownership of their original intellectual property in all circumstances. Notwithstanding the foregoing, you agree that we own all intellectual property rights to insights produced and provided by the App, including those derived from processed metadata on the App.
Communications
The chat feature and any other communication option within the Hosted Services may only be used for communicating in ways that are respectful, supportive and positive for all involved. Communicating disrespectfully to the Company, third-party vendors or providers, or any other Users of the Hosted Services constitutes grounds for removal from the Hosted Services and any associated online forum or services, which decision shall be in the sole discretion of the Company.
Reservation of Rights
Company reserves the rights to remove you from the Hosted Services for cause, whether a breach of these Terms, an act of malfeasance or misfeasance against the Company, a representative of the company or another User of the Hosted Services, or other inappropriate action, including posting or sharing content that is illegal, is related to illegal activity, is defamatory or bullying, or communicating in a way that violates our communication standards or otherwise harms another individual. We reserve the right, in our sole discretion, to remove you at any time for these or other actions which have detrimental impact on the Company or a third party including another User of the Hosted Services. You will not be entitled to a refund or any other remedy if you take any action that results in your removal from the Hosted Services and cancellation of your account.
Data Scraping Prohibited
Data scraping or data mining of any kind from the Hosted Services, or from any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the Hosted Services, or from any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from the Hosted Services offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of the Company.
Disclaimer of Warranties/Limitation of Liability
USE OF THE APP OR HOSTED SERVICES AND ANY INFORMATION OR CONTENT YOU PROVIDE THEREIN IS AT YOUR OWN RISK.
THE APP AND HOSTED SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT, PRODUCT, OR SERVICE OFFERED THROUGH THE APP OR HOSTED SERVICES (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE APP OR HOSTED SERVICES AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF THE INFORMATION, CONTENT AND MATERIALS FOUND ON SITES OR APPS THAT LINK TO OR FROM THE APP OR HOSTED SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY OR THIRD PARTY APP OR WEBSITE THAT LINKS TO OR FROM APP OR THE HOSTED SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR APP OR IN OUR HOSTED SERVICES. WE DO NOT ENDORSE ANY OF THE MERCHANDISE ON, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY APP OR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND SERVICES CONTAINED ON OR LINKED TO THE HOSTED SERVICES (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES OR APPS, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES OR APPS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE HOSTED SERVICES AND ANY INFORMATION, PRODUCTS, OR SERVICES CONTAINED THEREIN ARE NOT SUBSTITUTES FOR ANY PROFESSIONAL SERVICES, ADVICE OR TREATMENT. THE SERVICES OFFERED BY THE COMPANY OR THIRD-PARTIES MAY NOT BE SUITED FOR EVERYONE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY DECISION OR ACTION YOU TAKE FOLLOWING THE USE OF OR BASED UPON THE INFORMATION OR SERVICES OFFERED OR PROVIDED WITHIN OR THROUGH THE APP OR HOSTED SERVICES.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THE APP OR HOSTED SERVICES AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE APP OR HOSTED SERVICES BY YOU.
WE WILL NOT BE LIABLE TO YOU, IN CONTRACT ORTORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE BUT EXCLUDING FRAUDULENT MISREPRESENTATIONS) OR FOR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH THE APP OR HOSTED SERVICES OR PRODUCTS OR SERVICES OFFERED THROUGH THE APP OR HOSTED SERVICES WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF REVENUES, AND INTERRUPTION), PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE APP OR HOSTED SERVICES OR ANY CONTENT OR FUNCTIONS THEREOF, ALL REGARDLESS OF WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEY’S FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS THE HOSTED SERVICES FOR THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE ACCRUAL OF YOUR CLAIM OR $100.00.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AS SET FORTH HEREIN AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE COMPANY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Relationship
Nothing contained in these Terms shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification
The Company may modify these Terms from time to time and without notice. You agree to be bound by the terms of these Terms and any future modifications when such modifications are updated and posted within the App. You should review these Terms regularly during your use of the App and Hosted Services to keep apprised of any changes.
Assignment
No assignment of these Terms is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of these Terms which shall be immediately void. The Company’s rights and obligations, in whole or in part, under these Terms may be assigned or transferred by the Company.
Third Party Beneficiaries
These Terms are solely for the benefit of the parties and their successors and permitted assigns and does not confer any rights or remedies on any other person or entity.
Governing Law
These Terms and any action related thereto shall be governed by the laws of the State of New York without regard to its conflict of law principles. The parties consent to the exclusive jurisdiction of a court of competent jurisdiction located in New York County, State of New York.
Force Majeure
If a party is prevented from fulfilling its obligations under these Terms for any reason beyond the party’s reasonable control, including without limitation due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “Force Majeure Event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a Force Majeure Event is unable to cure that event within thirty (90) days, the other party may terminate these Terms.
Construction
These Terms shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in these Terms, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect
These Terms shall be binding upon, and inure to the benefit of, the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Damage Waiver
Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under these Terms, arising out of your use of the App or Hosted Services including due to the actions, statements or behavior of any third parties=. This provision applies even if we have been advised of the possibility of such damages.
Intellectual Property.
All information provided to you through the App or Hosted Services which are the subject of these Terms are proprietary and the App or Hosted Services may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company. You may not re-use, perform, modify, transmit, re-post or use in any way the Company’s content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed within the App under these Terms are protected by U.S. and international copyright and intellectual property laws. Access to any materials or content online or otherwise as part of the App or Hosted Services subject to these Terms should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third-party.
Website Terms
If you visit our website at www.allmyne.com you separately agree to be bound by the Terms of Use and Privacy Policy that govern our website.
Privacy
You agree to the Privacy Policy that governs your access and use of the App and Hosted Services in addition to these Terms. You understand and agree that if you engage with any third party vendors or providers through the App that your information, including personal identifying information, will be passed to those third party vendors or providers. You also understand and agree that if you share your photos, albums or any other information publicly through the App, that the Company shall not be responsible for who has access to or views the content or information you have chosen to share. If you attend any Company live event, you agree that any third party vendor involved in the event (ticket sales, event facility registration, etc.) may share your personal identifying information with the Company to allow us to serve you and other event attendees with the proper products and services, in accordance with our posted Privacy Policy.
Waiver
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability
If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity
You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by you in any claims arising out of these Terms, your use of the App, any breach of these Terms, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the App or Hosted Services causes the Company to be liable to a third party.
Voidability
These Terms cannot be voided by not accessing the App or website after download, install, or initial payment, or by not accessing or using the Hosted Services as delivered. These actions will not void your agreement to abide by these Terms or permit you the right to a refund. All cancellations or refund requests must be made in accordance with our refund policy above.
Entire Agreement
These Terms represent the entire understanding and agreement of the parties relating to your use of the App and Hosted Services and any product or service offered by the Company through the App, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the App or services, are of no further force and effect. In order to participate in certain portions of the App or services, you may be notified that you may be required to agree to additional terms and conditions as the App is further time. You may receive a copy of these Terms at any time by emailing the Company at info @allmyne.com and requesting a copy of ALLMYNE Terms of Use.
Contact
If you have any questions regarding these Terms or any aspect of our services, please contact the Company at info@allmyne.com.
