Terms and Conditions

Welcome to Llama!

These Terms of Service ("Terms") govern your access to and use of our social platform and services (collectively, "Services"), including our mobile application, website, and any other services provided by Llama.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

Llama is a platform designed to facilitate meaningful connections and interactions among users. Users can create profiles, browse other profiles, communicate, and participate in various activities offered through our platform. Additionally, Llama allows users to send invitations for events, which include special offers created through our merchant partnerships.

Acceptance of Terms

By creating an account or using the Llama app, you agree to these Terms, our Privacy Policy, Cookie Policy, Community Guidelines, and any additional terms disclosed to you if you purchase or access additional features or services we offer ("Additional Terms Upon Purchase"), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.

Account Eligibility and Account Registration

Age Requirement

To create an account and use Llama, you must be at least 18 years old. By creating an account, you represent and warrant that you meet this age requirement. If you are under 18 years old, you are not permitted to use our Services.

Legal Capacity

You must have the legal capacity to enter into a binding contract. By creating an account, you represent and warrant that you have the legal capacity to agree to these Terms and Conditions.

Compliance with Laws

You agree to comply with all applicable laws and regulations when using Llama. This includes, but is not limited to, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.

Accurate Information

You must provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete. This includes, but is not limited to, your name, age, and location.

Profile Verification

Llama reserves the right to request verification of your identity and age. This may include providing a valid form of identification. Failure to provide such verification may result in the suspension or termination of your account.

Prohibited Activities
  • Creating an account if you are under 18 years old.
  • Providing false or misleading information during the registration process or in your profile.
  • Creating multiple accounts for the same individual.
  • Using another person's account or allowing another person to use your account without permission.
  • Engaging in any activity that violates our Community Guidelines or any applicable laws and regulations.
  • Using or developing any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems.
  • Using, accessing, or publishing the Llama application programming interface without our written consent.
  • Probing, scanning, or testing the vulnerability of our Services or any system or network.
  • Encouraging, promoting, or agreeing to engage in any activity that violates these Terms.
  • Creating a new account after we suspend or terminate your account, unless you receive our express permission.
  • Submitting a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abusing any Llama reporting or appeals request system made available.
Account Suspension and Termination

Llama reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violations of these Terms or our Community Guidelines. If your account is terminated, you may not create a new account without our prior written consent.

Reinstatement of Account

If your account is suspended or terminated, you may request reinstatement by contacting our customer support team. Llama reserves the right to grant or deny reinstatement at its sole discretion.

Use of Social Media Accounts

You may have the option to create an account using your social media login information (e.g., Facebook, Instagram). By doing so, you authorize Llama to access, use, and store certain information from your social media account, such as your profile picture, friends list, and other information as permitted by the social media platform's terms and your privacy settings.

Account Management

You have the right to pause or delete your account at any time. To pause or delete your account, go to the "Settings" section of the App, select the appropriate option, and follow the instructions provided. Pausing your account will temporarily disable your profile and activity, while deleting your account will permanently remove your profile and all associated data from our Services.

You agree not to engage in any of the following prohibited activities:

  • Use the App or Services for any illegal or unauthorized purposes.
  • Engage in any activity that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable laws or regulations.
Illegal and Unauthorized Purposes

You agree not to engage in any of the following prohibited activities:

The App allows you to create a personal profile to connect with other users for social purposes. You can create profiles, browse other profiles, communicate, and participate in various activities offered through our platform. Additionally, you can send invitations for events, which may include special offers created through our merchant partnerships. You agree to use the App and Services only for their intended purposes and in compliance with all applicable laws and regulations.

  • Violate any intellectual property rights or other proprietary rights of Llama or any third party.
  • Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through our Services without Llama's prior written consent.
Intellectual Property Violations:
  • Harass, defame, stalk, bully, abuse, threaten, or otherwise violate the rights of others.
  • Post or share any content that is hateful, threatening, harmful, abusive, racist, or xenophobic.
  • Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
  • Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without their permission.
Harassment and Misconduct:
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
  • Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
Misrepresentation and Impersonation:
  • Interfere with or disrupt the App or Services or servers/networks connected to the App.
  • Attempt to gain unauthorized access to the App, Services, accounts, computer systems, or networks connected to the App.
  • Upload viruses, malware, or other malicious code.
  • Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents.
  • Probe, scan, or test the vulnerability of our Services or any system or network.
Security and Integrity:
  • Post or share any content that could reasonably be deemed offensive or to harass, abuse, or cause psychological distress to another person.
  • Post or share content that is obscene, pornographic, violent, or contains nudity.
  • Post or share content that is defamatory, libelous, or untrue.
  • Post or share content that encourages or facilitates any illegal activity, including, without limitation, terrorism, inciting racial hatred, or self-harm.
  • Post or share content that involves commercial activities, such as sales, competitions, promotions, advertising, solicitation for services, or "sugar daddy" or "sugar baby" relationships.
Content Restrictions:
  • Use another user's account.
  • Create a new account after we suspend or terminate your account, unless you receive our express permission.
  • Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Llama reporting or appeals request system made available.
Account Use:
  • Disclose private or proprietary information that you do not have the right to disclose.
  • Upload or share content that includes the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian), or is an image or likeness of a minor unaccompanied by the minor's parent or guardian.

We reserve the right to investigate and terminate your account if you have misused the App or Services or behaved in a way that we regard as inappropriate, unlawful, or in violation of these Terms.

Privacy and Data Protection:

Content

Types of Content

There are three types of content you will be able to access on the App:

  • Your content: Content that you upload and provide.
  • Member content: Content that other users provide.
  • Our content: Content that Llama provides, including, without limitation, databases and software.
Your Content
  • Ownership and License: You retain ownership of Your Content. By uploading or sharing Your Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, publicly display, modify, and create derivative works of Your Content in connection with operating and providing the App and Services.
  • Member content: You represent and warrant that you own or have secured all legal rights necessary to upload and share Your Content and that Your Content does not violate any intellectual property, privacy, publicity, or other rights of any third party.
  • Prohibited Content: You may not upload or share content that:
    - Is illegal or encourages illegal activity.
    - Is harmful to minors.Is defamatory or libelous.
    - Infringes any third party’s rights.
    - Shows another person without their consent.
    - Contains offensive or harassing language or imagery.
    - Is obscene, pornographic, or violent.
    - Promotes discrimination, racism, sexism, or hatred.
    - Relates to commercial activities without authorization.
    - Contains malicious code, viruses, or spyware.
    - Violates our Community Guidelines.
  • Personal Information: You may not display personal contact or banking information on your profile. If you choose to share personal information with other users, you do so at your own risk.
  • Visibility: Your Content will be visible to other users globally, so ensure you are comfortable sharing it before posting. By uploading Your Content, you grant us a license to use it as described above.
Member Content
  • Access and Use: Member Content belongs to the user who posted it and is stored on our servers. You do not have rights to Member Content and may only use it in ways consistent with the App’s purpose. You may not use Member Content for commercial purposes, spamming, harassment, or unlawful threats.
  • Responsibility: Other users are responsible for their Member Content. You should independently verify the accuracy of Member Content before relying on it. We reserve the right to terminate your account if you misuse Member Content.
Our Content
  • Ownership: All other content on the App, including text, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property, is owned, controlled, or licensed by us and is protected by copyright, trademark, and other intellectual property laws. All rights, title, and interest in Our Content remain with us.
  • License: We grant you a limited, non-exclusive, personal, non-transferable, revocable license to access and use Our Content as intended by the App's functionality. You may not:
    - Use, sell, modify, or distribute Our Content except as permitted by the App.
    -  Use our name in metatags, keywords, or hidden text.
    - Create derivative works from Our Content or commercially exploit it.
    - Use Our Content for unlawful purposes.
  • Reservation of Rights: We reserve all rights not expressly granted in these Terms.
Monitoring and Enforcement
  • Pre-Screening: We do not have an obligation to pre-screen Your Content or Member Content, but we reserve the right to review, refuse, and remove any content that violates these Terms or is deemed inappropriate.
  • Recommender Systems: We use matching algorithms to suggest compatible connections. For more information, see our privacy policy.

Misconduct

Llama does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the "Report User" link on a user's profile or in the messaging experience. You may also contact Customer Support.

As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see our Digital Millennium Copyright Act Section below.

Privacy

Privacy is important to us. We have a separate policy about it that you should read.

For information about how Llama and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

Rights

Rights you are granted by Llama

Llama grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, Llama grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Llama and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

Rights you grant Llama

You own all of the content you provide to Llama, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to Llama a worldwide, perpetual, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Llama's license to Your Content shall be non-exclusive, except that Llama's license shall be exclusive with respect to derivative works created through the use of our Services. For example, Llama would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that Llama can prevent the use of Your Content outside of our Services, you authorize Llama to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Llama is not obligated to take any action with regard to the use of Your Content by other users or third parties. Llama's license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for Llama allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Llama regarding our Services, you agree that Llama may use and share such feedback for any purpose without compensating you.

You agree that Llama may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property, or personal safety of the Company or any other person; or (vi) investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing.

Payment terms

Prepaid Invitations

Llama offers a prepaid invitation feature that allows users to send invitations for events or activities by purchasing offers created by our merchant partners. By using this feature, you agree to the following terms and conditions:

  • Payment Authorization: Upon sending an invitation, the payment amount will be authorized and held for 7 days. If the invitation is accepted within 7 days, the payment will be processed, and the funds will be transferred to the merchant partner. If the invitation is not accepted within 7 days, the payment authorization will be canceled, and no charges will be made.
  • Invitation Acceptance and Completion: Once the invitation is accepted, the sender’s payment method will be charged, and the funds will be transferred to the merchant partner. The sender and receiver will receive confirmation of the accepted invitation.
  • Invitation Cancellation by Sender or Receiver: Both the sender and the receiver can cancel the invitation up to 24 hours before the scheduled date of the event. If the invitation is canceled within this timeframe, the payment authorization will be canceled, and no charges will be made. If the invitation is canceled after the 24-hour window, the following refund policy will apply.
In-App Purchases

Llama may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription ("Premium Services"). If you purchase a subscription, you acknowledge and agree that your subscription will automatically renew at the end of the initial subscription period for the same duration as the initial term at Llama's then-current fee for such services, unless you cancel your subscription in accordance with the cancellation procedures disclosed to you at the time of purchase.

You can cancel your subscription at any time by accessing your account settings in the App. If you cancel, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Subscriptions and Auto-Renewal

Llama may offer products and services for purchase on the App ("In-App Purchase"). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Refund Policy

Llama may offer products and services for purchase on the App ("In-App Purchase"). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

  • Refund Eligibility: Refunds may be granted at the sole discretion of Llama under the following circumstances:
    - The invitation was canceled by the sender or receiver up to 24 hours before the event date.
    - The event or activity was canceled by the merchant partner.
    - The service was not delivered as described or was unsatisfactory due to reasons beyond the user's control.
  • Refund Request Process: To request a refund, users must contact Llama's customer support within 7 days of the event date, providing all relevant details and supporting documentation. Refund requests will be reviewed, and decisions will be communicated to the user within 14 days of the request.
  • Partial Refunds: In cases where a full refund is not warranted, Llama may offer partial refunds based on the specific circumstances and the portion of the service that was not delivered satisfactorily.
  • Non-Refundable Items: Certain purchases, such as digital goods or services that have been fully delivered, may not be eligible for refunds. These items will be clearly marked as non-refundable at the time of purchase.
Dispute Resolution

If a dispute arises regarding a payment or service, users are encouraged to contact Llama's customer support for resolution. Llama will make reasonable efforts to resolve disputes amicably and in a timely manner. If a resolution cannot be reached, the dispute will be handled in accordance with the Dispute Resolution and Arbitration terms outlined in Section 15 of these Terms.

By using Llama's prepaid invitation feature and making in-app purchases, you agree to these payment terms and any additional terms disclosed to you at the point of purchase. If you have any questions or concerns regarding these terms, please contact Llama's customer support at support@llama.market.

Account termination

You can delete your account at any time by logging into the App, going to "Settings," selecting "Delete Account," and following the instructions. Remember to cancel/manage any purchases through your External Service Account (e.g., Apple App Store, Google Play) to avoid further billing

.Llama may investigate and suspend or terminate your account without a refund if we believe you have violated our Terms, misused our Services, or behaved inappropriately or unlawfully. We may use any means available to enforce the Terms without prior notice.

If your account is terminated by you or by Llama, these Terms remain in effect, and no refunds will be issued for purchases. Your information will be handled according to our Privacy Policy.

Identity

Llama does not conduct criminal background or identity verification checks on its users. While we strive to foster a respectful user experience, we are not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others and review our Safety Tips.

You understand that Llama does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. Llama makes no representations or warranties as to the conduct, identity, health, physical condition, intentions, legitimacy, or veracity of users. Llama reserves the right to conduct—and you authorize Llama to conduct—any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If the company decides to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer report about you to determine your eligibility under these Terms.

You are solely responsible for your interactions with other users. We cannot and do not guarantee your safety and are not a substitute for following the Safety Tips and other sensible safety precautions. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the Service, including automatic notifications sent by Llama, may result from users engaging with the Service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.

Though Llama strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

Digital Millennium Copyright Act (DMCA)

We take copyright infringement very seriously and ask for your help in addressing it promptly and effectively.

Llama has adopted the following policy in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to support@llama.market.

Llama will terminate the accounts of repeat infringers.

Third-Party Services and Advertising

The App may contain advertisements and promotions offered by third parties and links to other websites or resources. We are not responsible for the availability, accuracy, or content of those third-party services, advertisements, or websites. We provide these links only as a convenience, and linking to third-party services does not imply endorsement by us of those services. You access and use such third-party services at your own risk.

Prohibited Conduct

In addition to the restrictions above, you agree not to:

  • Use the App or Services for any commercial purposes without our prior written consent.
  • Distribute any part of the App or Services, including but not limited to any software, content, or materials comprising the App.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App.
  • Remove, obscure, or alter any proprietary notices on the App or Services.
  • Engage in any activity that interferes with or disrupts the App, Services, or servers/networks connected to the App.
  • Reproduce, duplicate, copy, sell, trade, or resell the App or Services for any purpose.

Monitoring and Enforcement

We reserve the right to review, monitor, and remove any User Content or accounts that we determine in our sole discretion violate these Terms or are otherwise unacceptable. However, we do not have an obligation to monitor User Content and cannot guarantee that any offensive or illegal User Content will be removed.

  • Use the App or Services for any commercial purposes without our prior written consent.
  • Distribute any part of the App or Services, including but not limited to any software, content, or materials comprising the App.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App.
  • Remove, obscure, or alter any proprietary notices on the App or Services.
  • Engage in any activity that interferes with or disrupts the App, Services, or servers/networks connected to the App.
  • Reproduce, duplicate, copy, sell, trade, or resell the App or Services for any purpose.

Intellectual Property Rights

The App, Services, and all content, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Llama, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree not to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or sell any App or Services materials except as expressly permitted herein.

Our name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or registered trademarks. You may not use such marks without our prior written permission.

Disclaimer of Warranties

THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE OR THE RESULTS OF USE OF THE MATERIALS IN THIS APP OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE APP OR SERVICES. WE DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE TRUTH OR ACCURACY OF ANY USER CONTENT OR OTHER MATERIALS POSTED ON THE APP OR SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LLAMA OR OUR AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR ACCESS OR INABILITY TO ACCESS THE APP OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP OR SERVICES IS LIMITED TO THE AMOUNT YOU PAID US TO MAKE PURCHASES VIA THE APP OR SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Llama, our affiliates, and our respective officers, directors, agents, employees, licensors, representatives, and third-party providers from and against all claims, losses, liabilities, damages, costs, and expenses, including legal fees, that arise from or relate to (a) your use or misuse of the App or Services; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of any rights of any third party.

Dispute Resolution and Arbitration

Please read this section carefully as it affects your rights.

Most user concerns can be resolved quickly and to the user's satisfaction by emailing our support team at support@llama.market . In the unlikely event that our support team is unable to resolve your concerns, we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Any dispute or claim arising out of or relating to this Agreement or your use of the App or Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, with the following exceptions:

(a) You may assert claims in small claims court if your claims qualify; and

(b) Either party may bring claims involving patents, copyrights, moral rights, trademarks, and trade secrets in state or federal court.

Arbitration shall be conducted confidentially by a single arbitrator in accordance with the streamlined Arbitration Rules and Procedures of JAMS Inc. ("JAMS Rules"). The arbitrator shall have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules are available on its website at JAMS: Mediation, Arbitration and ADR Services. The parties further agree that the arbitration shall be held in San Francisco, California, but may proceed telephonically if the claimant so chooses.

You agree that by entering into this Agreement, you and Llama are each waiving the right to a trial by jury or to participate in a class action. The parties further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable.

Governing Law and Venue

This Agreement and your access to and use of the App and Services will be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of San Francisco County, California.

Severability

If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

Entire Agreement

This Agreement, including the Privacy Policy, Community Guidelines, and any other policies governing your access to or use of the App or Services, constitute the entire agreement between you and Llama relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this Agreement or policies made by Llama as set forth herein.

Contact Us

If you have any questions or concerns about these Terms or the App and Services, please contact us at support@llama.market