Welcome to SutaGram. Experience the revolutionary Targeted Web and Mobile Social Network designed for people who want the full benefits of connecting “on the go” with other like-minded and passionate users of our contestants.
SutaGram’s unique network concept enables members to have deep, engaging conversations with their favorite contestants.
This new and unique offering of SutaGram gives a vast range of people connectivity and exploration without disregarding the fact that more often people tend to be cautious in sharing information to everyone and would want to set limits to the size of user groups instead. Accordingly, the SutaGram Target Networks is an avenue to link users with like-minded people, provide user-controlled privacy that is missing in general social networks, and capture user data that can be shared with other users within network groups. Apart from information sharing, SutaGram enables users to buy, sell and share mobile content and services targeted to their common interest(s). The employment of SutaGram Intelligent Behavioural Analytics System delivers real-time contextual information such as content network and user suggestions, relevant downloads and advertising enabling Users to buy, sell and share mobile content and services targeted to their common interest(s).
SutaGram is operated and maintained by Suta Group with affiliate companies (“SutaGram” “We”, “Us” or “Our”) and consists of the SutaGram sites (“Site” or “Sites”) and other features and services offered (collectively “SutaGram Services”). SutaGram Services may be accessed through the Internet, and/or with the use of compatible mobile devices under certain mobile network providers, through SMS, MMS, BREW, WAP and other means of mobile content delivery now known or hereafter created. Mobile Services terms under Section 11 shall apply.
For purposes of these Terms and Conditions (“Terms” or “Agreement”), “You”, “Your” refers to You as Our customer, visitor, user and/or member, and Your agents, successors and assigns as well as Your children or others for whom You are a guardian.
These Terms explain Our obligations to You, and Your obligations to Us in relation to the SutaGram Services. By becoming a Member, communicating with other Members, or accessing and making use of the Services offered by SutaGram, you signify that you have read the following Terms and accept and agree to be legally bound by them, whether or not you register with SutaGram. Where applicable under law, these Terms constitute a ‘writing signed by you.’
In addition, when using particular functionalities and features that are part of the Services, You may be subject to additional guidelines, terms, or rules applicable to such functionalities and features (“Additional Terms”), which may be posted on SutaGram from time to time. All such Additional Terms are hereby incorporated by reference into this Agreement.
If such additional functionalities and features are provided to Us by any of Our partners, the additional terms that govern Your use of such functionalities and features are not incorporated into this Agreement, but shall govern Your use of such functionalities and features and You hereby agree to comply with and be bound by such terms as a condition to Your access and use of such functionalities and features.
2. MODIFICATIONS AND UPDATES
SutaGram and the Services offered hereunder may be updated, modified, removed, supplemented or disabled, in whole or in part, without notice and for any reason at Our sole discretion.
We reserve the right to modify, change, update, review, supplement or reissue these Terms and applicable Additional Terms from time to time. We will provide You via electronic communications notices and other information concerning SutaGram and Our Services, and changes to these Terms. We will give You notice of a change by posting the revised document on the home page of the Sites or on the relevant mobile or web page of the applicable service. Such notices will be considered given and effective on the date posted. The modified version will become binding on You the next time You use the Sites or Services or thirty (30) days thereafter, whichever is first, and We are not required to give You further notice in order for You to continue using SutaGram and Our Services. When posted, those Terms supersede all previously agreed Terms and Conditions, including, without limitation, any Terms included during Your original sign up for Our Services. If You want to withdraw Your consent to receive notices electronically, You must discontinue Your use of Our Services.
SutaGram is intended solely for access and use by individuals who are thirteen (13) years of age or older. By accessing and using the Services, You are certifying that You are at least thirteen (13) years old or have the permission from Your parents or guardian to access and use SutaGram and the Services. By using the Services, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing SutaGram and have not yet registered to become a Member, Your use of the Sites is still subject to this Agreement; if You do not agree to this Agreement, do not use SutaGram and Our Services.
You must have all equipment and software necessary to connect to the Service, including, but not limited to, a mobile phone or other mobile access device that is in working order and suitable for use in connection with the Services. We make no representation as to the compatibility of Your Device with the Sites and the Services and shall have no liability for the compatibility or non-compatibility of Your Device with the Sites and the Services. You are responsible for ensuring that Your equipment and/or software do not disturb or interfere with Our operations. Any equipment or software causing interference shall be immediately disconnected from the Service and We shall have the right to immediately terminate the Agreement. If any upgrade in or to the Service requires changes in Your equipment or software, You must effect these changes at Your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new products and services, shall be subject to these Terms.
4. MEMBER ACCOUNT
4.1 Registration Data
Prior to becoming a Member of SutaGram, and access and/or use Our Services, You will be asked to formally register and sign up to become a Member and create a SutaGram Member account (“Member Account”). You must provide true, accurate, complete and up-to-date personal information in the registration form We provide You. If We have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). We shall have no liability associated with or arising from Your failure to maintain accurate Registration Data, including, but not limited to, Your failure to receive critical information about the Service or Your account.
4.2 Member Profile
Any Information or photographs posted by You in Your Member Profile must not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post information or photographs of another person without that person’s permission. All information submitted to Us is voluntarily given by You.
4.3 Username and Password
Upon registration, You shall establish an account username and a password for Your Member Account. You authorize Us to process any and all account transactions initiated through the use of Your username and password. You are solely responsible for maintaining the confidentiality of Your username and password and must immediately notify Us of any unauthorized use of Your username and password. You are responsible for any unauthorized activities, charges and/or liabilities made through the use of Your username and password. You are obligated to inform Us of any unauthorized activities within 7 days of such transaction and We will conduct a formal investigation. We may need to change usernames allocated to certain of Our Services and reserves the right to do so. You will be informed if this is necessary. You agree not to use the Member Account, Registration and Profile Data, username, and/or password of another Member at any time.
Should the use of particular Services require authentication from Us, You must provide Us with verifiable means of identification (such as Your mobile number, name and/or email address). Such means of identification will be established by Us and accepted or rejected at Our sole discretion.
Furthermore, SutaGram collects non-Personally Identifiable Information (non-PII) including but not limited to Your: IP address and location, user data, phone type and browser type, to enable Us to manage and improve Our Services. We also keep track of Your SutaGram usage, such as adding connections, uploading of photos, sending virtual gifts, as well as Your participation in SutaGram Services using our data capture polls.
6. YOUR RIGHTS
On the condition that You comply with all Your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-licensable right to access, through a generally available web browser or mobile device or application, view information and use the Services that we provide on SutaGram Web pages and in accordance with this Agreement. Any other use of SutaGram contrary to our mission and purpose, and law is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in SutaGram and all related items.
7. SutaGram INTELLECTUAL PROPERTY RIGHTS
SutaGram owns and retains all proprietary rights in the Services. Except for Intellectual Property which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to You through the Services does not transfer to You or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like) and material included therein.
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services, or Site (“SutaGram Intellectual Property Rights”) are owned by SutaGram, and You agree to make no claim of interest in or ownership of any such SutaGram Intellectual Property Rights. You acknowledge that no title to the SutaGram Intellectual Property Rights is transferred to You, and that You do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms.
Any actual or attempted modifications or alterations of the Services, Site, information, content or materials available on this Site for any purpose not permitted by these Terms may be a violation of Our or Our affiliate’s Copyrights and/or Trademarks and is strictly prohibited and may expose You to civil and criminal liabilities.
8. PROPER USAGE AND PROHIBITED CONDUCT
You are solely responsible and liable for all Your acts or omissions in relation to the use of SutaGram and Our Services, whether or not carried out personally by You. Your authorization to use the Services and Our provision of the Services to You is conditioned upon Your proper use of the Site and Services. You shall NOT, nor shall You permit others to use Your account, Your Password or Your Device, to or attempt to (or otherwise authorize, encourage or support others’ attempts to):
8.2 use the Services for commercial, non-personal use;
8.3 use the Services upon any other computer or mobile device other than the computer or mobile device designated by You at the time of the registration;
8.4 upload, post, or otherwise transmit any content that You do not have a right to transmit under any law or contractual or fiduciary relationship;
8.5 upload, post, or otherwise transmit third party content without such third party’s prior written consent, or content that falsely expresses or implies such consent;
8.6 upload, post, broadcast or otherwise transmit content in violation of SutaGram’s or any third parties’ patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
8.7 remove any copyright, patent, trademark or other proprietary rights notices contained in or on the Services or Site or copyrighted, patented trademarked information/content;
8.8 harm minors in any way;
8.9 use the Services in an offensive, vulgar, pornographic, sexually explicit manner or otherwise objectionable manner;
8.10 use the Service in a manner injurious to others;
8.11 “stalk” or otherwise harass another;
8.12 use other users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users;
8.13 impersonate another person or entity (including a SutaGram employee or representative) or create a false or misleading identity of any person or entity;
8.14 falsely state or otherwise misrepresent Your affiliation with any person or entity;
8.15 use the account, user ID, or password of another user at any time;
8.16 transmit, email or post any material containing any form of malicious software program, virus, Trojan horse, worm, time bomb, cancel-bot, computer code, file or program designed to interrupt, destroy or limit the functionality of any mobile device, software, hardware or telecommunications equipment used in conjunction with the Services;
8.17 interfere with, damage, disable, impair, disrupt or overburden the Service, the Site or equipment, computer servers and/or networks connected to the Service;
8.18 interfere with, disrupt or create an undue burden upon another user’s use and enjoyment of the Service;
8.19 attempt to gain unauthorized access to the Site or the Service, other accounts, computer systems or networks connected to the Service, through password mining or by any other means;
8.20 harvest or collect email addresses or other contact information of other users, including but not limited to names, passwords, phone numbers, user IDs, from the Site by electronic or other means;
8.21 modify, alter, adapt, circumvent, translate, re-engineer, decrypt, break, reverse engineer or otherwise alter or interfere with any portion of the Services, or Site;
8.22 use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or Site;
8.23 reformat or frame any portion of the web pages that are part of the Site or Service;
8.24 cover or obscure banner advertisements on Your personal profile page or any Site page via HTML/CSS or any other means;
8.25 disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation or communication;
8.26 upload, post, or transmit unsolicited commercial email or “spam” or engage in any practice that is in any way connected with “spam”;
8.27 use the Service as a forwarding service to another website;
8.28 import, export, re-export or permit downloading of any message or content in violation of any export or import law;
8.29 regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
8.30 sell or otherwise transfer Your profile;
8.31 make any automated use of the Site or Services, such as using scripts to add other users or send comments or messages; or
8.32 perform any denial of service attack or send more request messages to the Site’s computer servers in a given period of time than a single human can reasonably manually produce in the same period by using a conventional web and/or mobile browser sending one message at a time.
8.33 do acts that otherwise violates the terms of this Agreement or creates liability for SutaGram.
8.34 Payment Terms
9. CONTENT POSTED ON THE SERVICES
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Should you in good faith believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, you may contact us and inform us the details of infringement but SutaGram is not obliged to investigate.
You understand and agree that SutaGram will have moderators to review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like that is uploaded, published or displayed or posted on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of SutaGram violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties.
You are solely responsible for the Content that You post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, You automatically grant, and You represent and warrant that You have the right to grant, to SutaGram an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, You represent and warrant that You have the right to post the Content and You will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). SutaGram reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
10. THIRD PARTY PRODUCTS AND SERVICES
We may make available or provide access to products and services of independent third parties through Our Services either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that SutaGram shall not be a party to, or in any way be held responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.
11. MOBILE SERVICES
You may access and use for free SutaGram using compatible mobile devices. Unless otherwise specifically stated herein, your access and use of SutaGram via a mobile device is subject to the Terms of this Agreement and Your full compliance with all your obligations hereunder. By accessing and using SutaGram using Your mobile device You acknowledge and agree that You may receive certain communications from SutaGram (such as SMS, MMS, text messages, mobile emails, or other electronic communications means). Access and use of the Services via mobile devices, or the use of certain mobile features, such as receiving or sending mobile communications using Your mobile device, additional fees/charges may be incurred and payable to the provider or carrier of Your mobile services and You are solely responsible for the payment of such fees/charges.
Another unique feature of SutaGram is ZooCash, virtual money for purchasing individual paid content downloads, themes, virtual gifts, virtual items and other services, including membership for Paid Premium Networks within SutaGram. You may purchase ZooCash for Your personal use or transfer ZooCash to other SutaGram members for their use. Price(s) for downloads, content etc. and Paid Premium Network membership fees are displayed and/or located next to each item.
Additional Terms and Conditions for these downloads, contents, etc. and Paid Premium Networks on SutaGram may apply, subject to third party agreements between the User and the Content Provider.
Various ZooCash denominations are available for purchase and are payable in US Dollars. All ZooCash purchase transactions will be done through SutaGram’s payment processing service, YuuPay. SutaGram provides separate Terms and Conditions for Your purchases with YuuPay. SutaGram will not in any way collect, use and/or store credit card information that You may provide YuuPay in relation to Your transaction with YuuPay.
If You are using Your mobile device, purchase of ZooCash shall also be done through YuuPay and not with Your telecommunications carrier or provider. The amount payable is due to YuuPay immediately and is non-refundable. You must confirm all purchase information including price and content, which SutaGram will provide upon your request, before you make the transaction.
All purchases made in SutaGram under Your account shall be credited from Your outstanding ZooCash balance which will be will be displayed on the SutaGram page every time You log in to Your SutaGram Account. This is to alert You of Your remaining ZooCash balance.
If You purchase a download, content or other service, including membership in any Paid Premium Network and Your ZooCash balance is insufficient, Your transaction will not be completed and will be denied unless You replenish Your ZooCash account.
Your ZooCash is valid for as long as You are a member of SutaGram. Should Your membership with SutaGram be deactivated, terminated or cancelled for any reason, the unused portion of your ZooCash shall be forfeited in favor of SutaGram and You shall not be refunded for the purchase price you paid.
From time-to-time, SutaGram may re-establish and/or update the prices of ZooCash and SutaGram’s Downloads, Premium Content, and/or Premium Network membership fees. We may also at any time change, update or modify the availability of a particular download, content or Paid Premium Network.
By way of welcoming SutaGram Members, We award 50 ZooCash free of charge upon successful registration to the SutaGram. This ZooCash may be used by You for buying any Paid SutaGram Content, Downloads, Service and/or Paid Premium Network membership of Your choice.
13. COMPETITIONS AND/OR PROMOTIONS
SutaGram will, from time to time, run competitions and/or promotions through its various Network channels. By participating in the competitions and/or promotions, the participants hereby expressly agree to be bound by the below general terms and conditions and all other terms and conditions specific to each competition and/or promotion, including the decisions of SutaGram.
Competitions and/or Promotions are open to all members who have joined the SutaGram platform and have selected to “join” the particular network that is undertaking the competition or promotion. Employees of SutaGram, SutaGram associated companies (e.g. suppliers, advertisers and promotional agencies and consultants), including their relatives are not eligible to participate and win.
13.2 Mechanics and Conditions
Entry and participation in all competitions and promotions is free. All competitions and promotions will have a commencement and closing dates that will be displayed on the competition and/or promotion page. All entries must be received within the Competition and/or Promotion Period to qualify for the Competition and/or Promotion. SutaGram reserves the right to verify the validity of entries and reserves the right to disqualify a member for tampering with the competition and/or promotion process. All entries remain the sole property of SutaGram. All prize winners hereby give their consent and authorize SutaGram to disclose their particulars to third party service providers engaged by SutaGram for purposes of the Competition and/or Promotion. SutaGram warrants that the disclosure of such particulars to any third party service providers shall be limited to the information submitted by the prize winners and shall be used only in realtion to and for purposes of the competition and/or promotion.
13.3 Determination of Prize Winners
The winners will be determined by the mechanism stated on the competition and/or promotional banner that is displayed within the network channel running the competition and/or promotion. Instructions how and when to claim their prizes shall also be provided on the same page. Information of the winners will be extracted from SutaGram’s database and will be used to coordinate and notify the winners on how and when to claim their prizes. In the event that there are two or more winning entries, it will be at SutaGram’s total discretion to determine who wins the prize. SutaGram cannot ensure that the winner will be satisfied with any products or services that the winner may win as a prize in relation to competition/ promotion run within the SutaGram platform.
Prizes will be clearly displayed on the competition and/or promotional page. Prizes are not transferrable, exchangeable or redeemable for cash. The value of the prizes are in US dollars based on recommended retail prices at the time of the competition and/or promotion commencement date. SutaGram accepts no responsibility for any variation in the value of the prizes. If a prize is unavailable for whatever reason or due to circumstances beyond SutaGram’s control, then SutaGram reserves the right to substitute the prize for such prize of equal or greater value. To the extent permitted by law, SutaGram makes no representation or warranties as to the quality, suitability or merchantability of any prizes.
13.5 Notification of winners
Winners will be notified via email within one week of the closing date of the competition and/or promotion. Should the email bounce, an attempt to contact the winner will be made by phone. If contact cannot be made within one month from the closing date, the prize will be forfeited in favour of SutaGram. The winner will also be announced within the specific network that is running the competition and/or promotion.
13.6 No Liability
SutaGram and any associated or affiliated companies assume no liability or responsibility whatsoever in connection with the competition and/or promotion. All participants in any competition and/or promotion hereby forever irrevocably waive any rights to any claim in connection with the selection or announcement of the prize winner, the distribution of the prize, the acceptance/possession and/or use/misuse of any part of a prize and/or any injury or damage to any participant or third person or any property related to or resulting from any part of the competition and/or promotion. In no event will SutaGram or any of its associated companies and affiliates and representatives and agents be responsible or liable for any damages or loss of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of the competitions and/or promotions that are detailed on the channels within the SutaGram platform.
14. LICENSE TO DOWNLOAD
You acknowledge and agree that the Download(s) made available as part of the Service are owned by SutaGram, its affiliate and/or licensees, as applicable, and are protected by intellectual property laws. SutaGram hereby grants, and You hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use transmitted version of the Download(s) only on a designated Device solely for Your own personal non-commercial use. You further acknowledge and agree that You may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, copy, transfer or port to other devices, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in these Terms. No license is granted to You by these Terms in the human readable code, known as the source code, of the mobile content downloaded on Your mobile device, and no rights are granted to You by these Terms in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on Your mobile device. All intellectual property rights not expressly granted are hereby reserved to SutaGram and its affiliates and licensee.
If You lose or damage Your Device or otherwise delete the Downloads on Your Device, You will need to repurchase any Downloads You may have already purchased.
15. SutaGram SPAM POLICY
SutaGram has zero tolerance for spam. We do not send Spam or sell email addresses and expect all users of Our Services to adhere to the same practice. Spam complaints will be dealt with seriously and can result in losing SutaGram privileges in accordance with Our Terms and Conditions.
16. ANTI-SPYWARE POLICY
You agree to defend, indemnify and hold harmless SutaGram and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of Your use of SutaGram, and Our Services; Your failure to use the same; Your breach or alleged breach of these Terms or Your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
Your use of SutaGram and Our services is solely at Your own risk and that You will be solely responsible for any damage to Your device or loss of data that may result from Your use of the same. SutaGram and Our Services are provided on an “as is,” and “as available” basis, except as otherwise noted in this Agreement. SutaGram shall have no liability to You, or to any third party, for any modification, suspension, discontinuance or termination of the SutaGram and the Services or any part thereof. SutaGram makes no warranties that the Services will meet your requirements, or that SutaGram or Our Services will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by You from Us or through SutaGram or Our Services shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
Except in jurisdictions where such provisions are restricted, SutaGram’ entire liability to You or any third person, and Your or any third person’s exclusive remedy, in law, in equity, or otherwise, with respect to SutaGram and the Services provided under these terms and/or for any breach of these terms is solely limited to the amount paid, if any, by You to SutaGram for the Service during the term of membership. Except in jurisdictions where such provisions are restricted, SutaGram, its licensees and contractors (including any third parties providing all or part of the service, site or content) shall not be liable for any direct, indirect, incidental, special or consequential damages even if SutaGram has been advised of the possibility of such damages. To the extent that the law does not permit the exclusion or limitation of liability as set forth herein, our liability is limited to the maximum extent permitted by the said law and jurisdiction.
19. TERM, TERMINATION AND CANCELLATION OF SERVICES
These Terms shall continue unless otherwise terminated/cancelled by You or Us.
To cancel Your membership account with SutaGram, email Us at help@SutaGram.com.
We may at any time immediately terminate Your use of, or access to SutaGram or Our Services, if We believe You have violated, breached or acted inconsistently with these Terms or any relevant law, rule or regulation.
We reserve the right to modify, discontinue, temporarily or permanently cancel the Service or otherwise deny Service or access to this Site to You or any other user or visitor at anytime at Our sole discretion without notice for any reason.
Upon termination of Your access to the Service under any provision of these Terms, SutaGram may immediately deactivate Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, You agree that SutaGram shall not be liable to You or any third party for any termination of Your access to the Service.
20. ARBITRATION AND DISPUTE RESOLUTION
If there is a dispute between You and any third party (including, without limitation, any Member), SutaGram is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between You and other Members.
If the dispute pertains to You and SutaGram, You and SutaGram shall arbitrate any and all disputes and claims between You and SutaGram. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between You and SutaGram, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to “SutaGram,” “Us” and “You” include Our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between You and SutaGram.
Our customer care department can resolve most customer concerns quickly and to the customer’s satisfaction. If You have a dispute or claim against Us, You should contact the SutaGram customer care department by email at help@SutaGram.com. In the event Your dispute or claim is not resolved to Your satisfaction, You may seek to have that dispute or claim resolved as set forth below.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to SutaGram must be sent either by certified mail addressed to: SutaGram, Attn: Legal Department, 87 Beach Road, #03-01 Chye Sing Building, Singapore 189695; or by email addressed to help@SutaGram.com. A Notice of Dispute to You must be sent to You by certified mail at the last mailing address that You registered with SutaGram; by email addressed to You at the last email address You registered with SutaGram; or by certified mail to the last address on file with Your telecommunications carrier (mobile phone company) for Your Device.
The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought.
If You and SutaGram do not reach an agreement to resolve the dispute or claim within thirty (30) days from the date of receipt of the Notice of Dispute by SutaGram, You or SutaGram may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase. The amount of any settlement offer made by You or SutaGram shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or SutaGram is entitled.
The arbitration shall be administered by the American Arbitration Association (“AAA”). You may contact the AAA by telephone at 1-800-778-7879 , by email at Websitemail@adr.org, or by mail at 335 Madison Avenue, Floor 10, New York, New York 10017. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 .
Unless You and SutaGram mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to You, and in the absence of consensus, it would be held at the [location of the arbitration centre].
You or SutaGram may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. The right to a hearing will be determined by the AAA Rules.
SutaGram will reimburse You for Your payment of the filing fee, following the completion of the arbitration. The Standard Fee Schedule as to date is $775 for claims under $10,000, but is subject to change without notice by the AAA. If You are unable to pay the filing fee, SutaGram will pay it directly upon receiving a written request from You or the AAA. Except as otherwise provided for herein, SutaGram will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator determines that either the substance of Your claim or the relief sought in the Demand is frivolous, then the payment of all such fees shall be governed by the AAA Rules. In such case, You agree to reimburse SutaGram for all monies previously disbursed by Us that are otherwise Your obligation to pay under the AAA Rules.
You and SutaGram agree that, by entering into this agreement, You and SutaGram are waiving the right to a trial by jury.
You and SutaGram agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and SutaGram agree that You and SutaGram may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and SutaGram agree that, unless You and SutaGram agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any other provision herein to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
You must contact Us within one (1) year from the date of the occurrence of the event or facts giving rise to a dispute, otherwise You waive the right to pursue a claim based upon such event, facts, or dispute.
Exceptions to Arbitration Agreement: You and We agree: (a) You may take Your dispute to small claims court, if Your dispute qualifies for hearing by such court; (b) if You fail to timely pay amounts due, We may assign Your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or these Terms; (c) You or We may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction; (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (e) either You or We may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of You or SutaGram, pending the completion of arbitration (collectively, the “Exceptional Disputes”)
For the resolution of all Exception Disputes, You shall submit to the personal and exclusive jurisdiction and venue of the courts located in South Korea.
These Terms are governed by and construed in accordance with the laws of South Korea without giving effect to its conflict of law’s provisions.
21. MISCELLANEOUS PROVISIONS
(a) Notices And Announcements
Except as expressly provided otherwise herein, all notices to SutaGram shall be in writing and delivered via overnight courier or certified mail, return receipt requested to Our “Contact Address” below:
Suta Group, #201A Seil Building, Nonhyun-dong, 19, Hakdongro 2-Kil, Gangnamgu, Seoul, Republic of Korea, 135-822
These Terms shall operate to the fullest extent permissible by applicable law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement to the extent they are unlawful, void or unenforceable and shall not affect the validity and enforceability of any of the remaining portions of that provision or any of the other provisions of these Terms.
(c) Entire Agreement
These Terms constitute the entire, complete and exclusive agreement between You and Us regarding the use of SutaGram and the Services, and the subject matter hereof. These Terms supersede and replace all prior versions of the same or contemporaneous understandings, whether written or oral, established by custom, practice, policy or precedent, with respect to the subject matter hereof.
(d) Assignment And Resale
Except as otherwise set forth herein, Your rights under these Terms are not assignable or transferable, in whole or in part, whether voluntarily or by operation of law, without Our prior written consent. You agree not to resell the Service or any portion thereof, including but not limited to the Downloads. Any such purported assignment, transfer, resale or delegation will be null and void and of no force or effect.
No waiver of any provision of these Terms shall be effective against SutaGram unless it is in writing and signed by an authorized representative of SutaGram. The remedies of SutaGram under these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to exercise or enforce any of its rights, obligations or provision under these Terms shall not affect its right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
(f) Force Majeure
Without limiting the foregoing, under no circumstances shall SutaGram be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, acts of terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
(g) Relationship of Parties
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and Us or between Us and any other End User or user of SutaGram or Our Services.
The section headings appearing in these Terms are used for convenience only and have no legal or contractual effect and therefore shall in no way define, limit, construe or describe the scope or extent of such section or any obligations arising under these Terms in any way.
In the event these Terms terminate as provided herein, Sections 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18 and 19 of these Terms shall survive such expiration or termination.
(j) Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding Your use of SutaGram and Our the Services. We make no representation that materials on SutaGram or through Our Services are appropriate or available for use outside the Republic of Singapore, its territories, possessions and protectorates. If You choose to use the Service or access this Site from such foreign locations You do so on Your own initiative and at Your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the Republic of Singapore or the country You reside in.
22. QUESTIONS OR COMMENTS
Any questions or comments regarding, or problems with SutaGram or Our Services should be sent to email@example.com