Terms and Conditions of Use

Agreement between the User and www.redarkia.com

Welcome to www.redarkia.com. The www.redarkia.com website (the “Site”) is comprised of various web pages operated by Redarkia LLC (“Redarkia”). www.redarkia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.redarkia.com constitutes your agreement to all of these Terms. Please read these Terms carefully and keep a copy for your reference.

www.redarkia.com is an e-commerce site.

We offer a technological solution for generating social networking instances, inside and outside of events, connecting highly compatible people based on their personality, goals and interests.

Privacy

Your use of www.redarkia.com is subject to Redarkia’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.redarkia.com or sending e-mails to Redarkia constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email or on the Site comply with any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to assume responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Redarkia is not responsible for third party access to your account resulting from theft or misappropriation of your account. Redarkia and its partners reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in their sole discretion.

Children under the age of thirteen

Redarkia does not knowingly collect, online or offline, personal information from persons under the age of thirteen. If you are under 18, you may only use www.redarkia.com with permission of a parent or guardian.

Cancellation/Refund Policy

All users, both event organizers and individual users, may cancel their subscription at any time they wish. They will not get a refund of the cancelled amounts and their previously contracted usage time will be honored unless they completely remove their account from our system.

Links to Third Party Sites/Third Party Services

www.redarkia.com may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Redarkia and Redarkia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Redarkia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Redarkia of the site or any association with its operators.

Certain services available through www.redarkia.com are provided by third party sites and organizations. By using any product, service or functionality originating from the www.redarkia.com domain, you agree and consent that Redarkia may share such information and data with any third party with whom Redarkia has a contractual relationship to provide the requested product, service or functionality on behalf of www.redarkia.com users and customers.

Unauthorized or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.redarkia.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Redarkia that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof and any software used on the Site, is the property of Redarkia or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any content, in whole or in part, found on the Site. Redarkia content is not for resale. Your use of the Site does not authorize you to make any unauthorized use of any protected content, and in particular you will not remove or modify any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and you will make no other use of the content without the express written permission of Redarkia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Redarkia or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that, in using a Communication Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; you will not post, send, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, indecent or unlawful topic, name, material or information; you will not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity), unless you own or control the rights thereto or have received all necessary consents; you will not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or disseminate surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; you will not falsify or delete any author attributions, legal or other proper notices or labels of origin or source of software or other material contained in a file that is uploaded; you will not restrict or inhibit any other user from using and enjoying the Communication Services; you will not violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; you will not collect or obtain any information about others, including e-mail addresses, without their consent; you will not violate any applicable law or regulation.

Redarkia has no obligation to monitor the Communication Services. However, Redarkia reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Redarkia reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Redarkia reserves the right at all times to disclose any information as it deems necessary to satisfy any law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Redarkia’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Redarkia does not control or endorse the content, messages or information found in any Communication Service and, therefore, Redarkia specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Redarkia spokespersons, and their views do not necessarily reflect those of Redarkia.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload materials.

Materials provided to www.redarkia.com or posted at any Redarkia Web site

Redarkia does not claim ownership of the materials you provide to www.redarkia.com (including feedback and suggestions) or post, upload, input or submit to any Redarkia website or our associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions, you are granting Redarkia, our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein. Redarkia is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section, including, without limitation, all rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will have the option to link your Redarkia account with third party accounts. By linking your Redarkia account with your third party account, you acknowledge and agree that you are consenting to the continued release of information about you to third parties (in accordance with the privacy settings on those third party sites). If you do not want information about you to be shared in this way, please do not use this feature.

International Users

The Service is controlled, operated and administered by Redarkia from our offices in the United States. If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use Redarkia Content accessed through www.redarkia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Redarkia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site or services, any postings by you, your violation of any term of this Agreement or your violation of the rights of a third party, or your violation of any applicable law, rule or regulation. Redarkia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Redarkia in asserting any available defenses.

Arbitration

In the event the parties are unable to resolve any dispute between them arising out of or relating to these Terms and Conditions, or any provision hereof, whether in contract, tort or other form of law or equity for damages or any other relief, such dispute shall be resolved solely by final and binding arbitration in accordance with the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, at a location mutually agreed upon by the parties. The arbitrator’s award shall be final and may be entered in any court having jurisdiction. In the event of any legal or equitable action, proceeding or arbitration arising out of or relating to these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims with respect to these Terms and Conditions or any dispute arising out of these Terms and Conditions, whether directly or indirectly, including tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and application of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions shall be conducted on an individual basis; class arbitrations and class/representative actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE AND/OR REPRESENTATIVE ACTION PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER PARTY. In addition, unless you and Redarkia agree otherwise, the arbitrator may not consolidate the claims of more than one person or otherwise preside over any form of a representative or class proceeding.

Disclaimer of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REDARKIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

REDARKIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. REDARKIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REDARKIA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR THE RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REDARKIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Restriction of Access

Redarkia reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is prohibited in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that this agreement or use of the Site does not create a joint venture, partnership, employment, or agency relationship between you and Redarkia. Redarkia’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall waive Redarkia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Redarkia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely mirrors the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified in this agreement, this agreement constitutes the entire agreement between the user and Redarkia with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Redarkia with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Changes to Terms

Redarkia reserves the right, at its sole discretion, to change the Terms under which www.redarkia.com is offered. The most current version of the Terms will supersede all previous versions. Redarkia encourages you to periodically review the Terms to stay informed of our updates.

Contact us at

Redarkia welcomes your questions or comments regarding the Terms:

Redarkia LLC

2093 Philadelphia, 7681 Claymont

Delaware, Delaware 19703

Email address:

info@redarkia.com

Telephone Number:

 

Effective July 26, 2023.