Terms of Use

Last updated November 30, 2024

AGREEMENT TO OUR LEGAL TERMS

Welcome to Avatown - The World's Best Avatar Marketplace for Virtual Communication Platforms

We are Dolami,Inc. ("Company," "we," "us," "our").

We operate Avatown, a 3D product marketplace platform, through the website http://www.goavatown.com (the "Site"), which enables users to buy and sell 3D assets for use in digital platforms, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Our Services include:

3D asset marketplace platform
3D asset purchase and sale services
Cross-platform 3D character integration support
Creator tools and services

You can contact us by phone at 6289468072, email at support@goavatown.com, or by mail to One Embarcadero Center Lobby Level, San Francisco, CA 94111, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Dolami,Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

For Creators: By uploading and selling avatars on our platform, you additionally agree to our Creator Terms outlined in Exhibitor terms of use.

For Buyers: By purchasing avatars, you agree to our Marketplace Terms of use and Privacy policy.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

Age Requirements and Restrictions:

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
REFUNDS POLICY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
SOCIAL MEDIA
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

Avatown provides a digital marketplace platform for buying, selling, and managing 3D characters and related products primarily intended for use in virtual platforms. Our core services include:

Avatar marketplace hosting and transactions
Cross-platform avatar compatibility support
Creator tools and services
Avatar file delivery and platform integration support

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

While we strive to ensure avatar compatibility across platforms, users are responsible for verifying platform-specific requirements and limitations. Avatown does not guarantee functionality on platforms beyond those explicitly specified in each avatar's description.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. Platform Intellectual Property

Avatown owns or licenses all intellectual property rights in our Services, including but not limited to:

a) Platform Elements

All source code, databases, and functionality
Website designs and user interfaces
Software and technical systems
Platform-specific tools and features
Search and categorization systems
Avatar presentation formats and displays

b) Content Elements

Platform-generated text, graphics, and media
Marketing and promotional materials
Documentation and educational resources
Platform-specific audio and visual elements
User interface designs and layouts

c) Brand Elements

The "Avatown" name and logo
Our trademarks, service marks, and trade dress
Marketing slogans and distinctive brand features

All Platform Elements, Content Elements, and Brand Elements are protected by copyright, trademark, and other intellectual property laws and treaties in the United States and worldwide. Any unauthorized use, reproduction, or distribution is strictly prohibited and may result in legal action.

The Services and all associated intellectual property are provided "AS IS" for personal use only, subject to these Terms and any additional terms specific to particular features or services.

2.2. Creator Rights and Content

2.2.1 Creator Ownership

Creators retain all original ownership rights to their created content ("Creator Content") uploaded to Avatown, including:

Original 3D avatar designs
Custom components and modifications
Original animations and motions
Technical add-ons and systems
Related artistic elements

2.2.2 Creator License Grant to Avatown

By uploading Creator Content to Avatown, creators grant Avatown a:

Worldwide, non-exclusive license
Right to display, market, and facilitate sales
Permission to modify presentation for platform purposes
Right to use Creator Content in platform marketing
Authority to enforce Creator Content rights against infringement

2.2.3 Creator Responsibilities

Creators warrant and represent that:

a) They own or have proper rights to all uploaded Creator Content

b) Their Content does not infringe on third-party rights

c) Their Content complies with all applicable laws and platform policies

d) They have authority to grant the licenses described herein

2.2.4 Creator Revenue Rights

Creators maintain rights to:

a) Set pricing for their Creator Content (within platform guidelines)

b) Receive agreed-upon revenue share from sales

c) Access sales and usage analytics for their Content

d) Modify or remove their Content (subject to existing customer licenses)

2.3 Purchaser Rights

2.3.1 Platform Role

Avatown serves as a marketplace platform connecting creators and purchasers. All product licenses are provided directly by sellers. Avatown does not:

a) Grant or determine product licenses

b) Set usage terms for individual products

c) Modify seller-specified license terms

2.3.2 License Terms

a) Each product's license terms are:

Specified by the seller
Displayed in the product listing
Governed by the terms set by the creator b) Purchasers must review and agree to the seller's license terms before purchase

2.3.3 Avatown's Limited Role

Avatown's responsibility is limited to:

a) Providing the marketplace platform

b) Processing transactions

c) Facilitating delivery of digital content

d) Supporting basic customer service inquiries

2.3.4 Dispute Resolution

For license-related disputes:

a) Primary resolution is between seller and purchaser

b) Avatown may assist in basic communication

c) Avatown reserves the right to intervene in cases of clear violations

2.4 Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

2.4.1 Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

2.4.2 Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

2.4.3 When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

2.4.4 You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

2.5 Third-Party Platform Compliance

2.5.1 Platform Integration Avatown facilitates content for use on various third-party platforms. Users acknowledge that: a) Each platform maintains its own terms of service b) Platform compatibility is specified by sellers c) Technical requirements vary by platform

2.5.2 User Responsibilities Users are responsible for: a) Verifying platform compatibility before purchase b) Complying with each platform's terms of service c) Obtaining any additional platform-specific licenses d) Understanding technical requirements for their intended platform

2.5.3 Platform Limitations Avatown: a) Does not guarantee functionality across all platforms b) Is not responsible for platform-specific restrictions c) Cannot ensure continued compatibility as platforms update d) Does not manage platform-specific permissions

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation. (9) you understand that avatar content may be subject to specific platform requirements and limitations; (10) if you are a creator selling content, you have all necessary rights and permissions to sell your content; (11) you will not use the Services for cryptocurrency or NFT trading unless explicitly authorized by Avatown; (12) you understand that certain content may have age restrictions or content warnings; (13) if you are a content creator, you will provide accurate information about your content's compatibility and limitations.

If you provide any information that is untrue, inaccurate, not current, 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).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

5.1 Digital Nature of Products

All products available on Avatown are digital items intended for use in virtual environments. Users acknowledge that all purchases are for digital content only, and no physical items will be shipped. Following successful purchase, products are either made available for download or uploaded to supported virtual platforms through our system, depending on the product specifications and user preference.

5.2 Availability and Access

All products are subject to availability. Avatown reserves the right to remove products that violate our terms, discontinue any products at any time, or modify product listings as needed for platform integrity. Products that have been previously purchased will remain accessible in the buyer's account, except in cases where terms of service are violated, legal requirements necessitate removal, or technical issues prevent access.

5.3 Pricing

Prices for all products on the platform are set by individual sellers and listed in USD. All prices are subject to change at the discretion of the seller. Avatown maintains the right to implement platform-wide pricing guidelines, run promotional campaigns, and adjust fees and commission structures as necessary for business operations.

5.4 Product Information and Quality Control

Product listings must include clear compatibility information, usage restrictions, and the creator's license terms. Sellers are responsible for providing accurate product descriptions, technical specifications, and necessary support information. Avatown maintains the right to review all products before listing and may reject or remove any products that:

Do not meet our quality standards
Violate our terms of use
Infringe upon intellectual property rights
Contain inappropriate content
Are deemed unsuitable for our platform for any reason

The decision to accept or reject any product listing is at Avatown's sole discretion.

6. PURCHASES AND PAYMENT

6.1 Payment Methods

We accept the forms of payment through our payment processor, Stripe.

6.2 Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Applicable taxes will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

6.3 Payment Authorization

You agree to pay all charges at the prices then in effect for your purchases, and you authorize Stripe to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

6.4 Purchase Limitations

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per account, or per order. Sellers may also set maximum purchase limits for their products. These restrictions may include orders placed by or under the same customer account or the same payment method. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by automated systems or may involve abuse of our platform.

7. REFUNDS POLICY

Given that these are digital products, refunds are not available for any purchases.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

Content and Copyright

Delete or alter any copyright, trademark, or other proprietary notices
Upload content that infringes on intellectual property rights
Sell or resell avatars without proper rights or permissions
Copy, modify, or redistribute other creators' works without authorization
Create derivative works from other users' content without permission

Platform Security and Integrity

Circumvent our security features or technical limitations
Use automated systems to access or scrape our platform
Attempt to decompile or reverse engineer our software
Create multiple accounts to evade restrictions
Use bots, scripts, or automated tools for purchases or sales
Manipulate platform metrics or reviews

Community Standards

Harass, abuse, or harm other users
Impersonate other users or Avatown staff
Post inappropriate or adult content outside designated areas
Engage in discriminatory behavior or hate speech
Submit false reports or abuse support services
Interfere with other users' platform experience

Commercial Activities

Use the platform to compete directly with Avatown
Attempt to bypass our payment system
Engage in unauthorized reselling of avatars
Use the platform for unauthorized marketing or advertising
Collect user information for commercial purposes
Manipulate prices or engage in market manipulation

Technical Restrictions

Upload malicious code or viruses
Create undue burden on our servers
Interfere with platform operations
Use data mining or extraction tools
Bypass geographical or technical restrictions

9. USER GENERATED CONTRIBUTIONS

9.1 Types of Contributions

The Services allow you to create and share content including but not limited to:

3D avatar models and assets
Product listings and descriptions
Reviews and ratings
Comments and feedback
Profile information
Community discussions

9.2 Content Ownership and Rights

When you create or make available any Contributions, you represent and warrant that:

You are the creator and owner or have necessary licenses and rights
Your content doesn't infringe on any third party's intellectual property rights
You have authority to grant Avatown the license to use your content
You have all necessary permissions for any third-party content included

9.3 Content Standards

Your Contributions must not:

Contain inappropriate or adult content outside designated areas
Include false or misleading information about products
Violate platform technical specifications
Infringe on intellectual property rights
Include malicious code or harmful elements
Promote hate speech or discrimination
Harass or threaten others
Violate any applicable laws

9.4 Product Listings

For avatar creators, your product listings must:

Accurately represent the product
Include clear usage terms and restrictions
Specify platform compatibility
Disclose any third-party content used
Meet our quality standards

9.5 Reviews and Feedback

When providing reviews or feedback, you must:

Base comments on actual experience
Provide honest and accurate information
Avoid personal attacks
Not manipulate ratings
Not offer or accept compensation for reviews

Violation of these terms may result in content removal, account suspension, or termination.

10. CONTRIBUTION LICENSE

When you post non-commercial content such as reviews, comments, or feedback to our Services, you grant Avatown a non-exclusive, worldwide license to host, use, display, and distribute such Contributions on our platform. This license is specifically for the purpose of operating and improving our Services, enabling us to showcase user feedback and maintain a healthy community environment.

For commercial content, specifically 3D avatars and related products you list for sale on our platform, you maintain full ownership of your intellectual property rights while granting Avatown the necessary rights to display, promote, and facilitate the sale of your products. This license allows us to process transactions and deliver your content to buyers according to the terms specified in your product listing. The specific rights granted to buyers are determined by your product listing terms, and we act as the facilitator of these transactions.

By contributing content to our platform, you represent and warrant that you possess all necessary rights to grant these licenses. This includes ensuring your Contributions don't infringe on any third-party rights, confirming your authority to sell or distribute any content you list, and verifying you've obtained all necessary permissions for any third-party content incorporated in your works.

Avatown reserves the right to maintain platform quality through various measures. We may edit or remove inappropriate content, ensure proper categorization of products, moderate listings and reviews, and take other necessary actions to maintain platform integrity. We may also display your content for promotional purposes to enhance the visibility of your products and our platform.

Regarding liability and responsibility, you remain fully responsible for your Contributions to the platform. While Avatown facilitates the marketplace, we are not liable for user-generated content. You agree to indemnify Avatown against any claims related to your Contributions, ensuring that our platform can continue to serve as a trusted marketplace for avatar creators and buyers.

This license structure is designed to protect both creators and users while enabling Avatown to operate effectively as a marketplace for virtual avatars and related digital content. We strive to balance creator rights with platform necessities, ensuring a fair and functional environment for all participants.

11. GUIDELINES FOR REVIEWS

Reviews and ratings are essential features of Avatown that help maintain quality and trust in our marketplace. When posting a review for an avatar or digital content, you must adhere to the following guidelines:

As a reviewer, you must have actually purchased and used the avatar or digital content you're reviewing. We require this firsthand experience to ensure the authenticity and value of reviews for our community. Your review should focus on the specific characteristics of the product, such as model quality, rigging, textures, compatibility with platforms, and overall user experience.

Reviews must maintain a professional and respectful tone. While we encourage honest feedback, including constructive criticism, we prohibit offensive language, personal attacks, or discriminatory comments. Reviews should focus on the product itself and the creator's service, not on personal matters or unrelated issues. This includes avoiding any discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

For transparency and fairness, you must disclose any potential conflicts of interest. If you are a competing creator, have a business relationship with the creator, or have any other potential bias, this must be clearly stated in your review. We prohibit review manipulation of any kind, including organizing campaigns to post either positive or negative reviews, offering incentives for reviews, or using multiple accounts to influence ratings.

Avatown reserves the right to moderate reviews to maintain platform integrity. We may accept, reject, or remove reviews at our discretion, particularly those that violate our guidelines or appear fraudulent. While we strive to maintain accurate review information, we don't necessarily endorse any particular review, and reviews represent the opinions of individual users, not Avatown.

By posting a review, you grant Avatown a perpetual, non-exclusive, worldwide license to display and distribute your review content on our platform. This allows us to maintain a comprehensive review system that benefits our entire community of creators and users.

We especially value reviews that:

Provide specific, detailed feedback about the product’s features
Include information about platform compatibility
Describe the customer service experience
Offer constructive suggestions for improvement
Include appropriate screenshots or videos demonstrating the avatar in use
Include appropriate screenshots or videos demonstrating the avatar customization

This comprehensive review system helps maintain the high quality standards of our marketplace while fostering meaningful connections between creators and users.

12. SOCIAL MEDIA AND PLATFORM

As Avatown serves the virtual communication platform community, let me revise this section to focus on relevant integrations:

Avatown enables you to connect your account with various virtual platforms and social media services to enhance your digital platform experience. This integration is crucial for verifying platform compatibility and streamlining the avatar deployment process.

Platform Integration

When you connect Avatown with platform services, you grant us permission to verify your platform credentials and facilitate avatar deployment. This connection allows us to ensure that purchased avatars can be properly imported to your preferred platforms and helps us maintain service quality. We respect platform-specific guidelines and will never request permissions beyond what's necessary for our core services.

Social Media Connectivity

You may choose to connect your Avatown account with social media platforms for enhanced features such as sharing your avatar collections, following creators, or participating in community events. When you establish these connections, you authorize Avatown to:

Access basic profile information necessary for account verification
Share content according to your privacy settings
Display your connected platform usernames and public profile images
Enable social features like friend finding and content sharing

Privacy and Control

We prioritize your privacy and data security in all platform integrations. You maintain full control over your connected accounts and can disable any integration at any time through your Avatown account settings. When you disconnect a platform or social media service, we retain only the minimum information necessary for transaction records and platform functionality.

Data Usage and Limitations

While these integrations enhance your Avatown experience, we want to be clear that:

Your relationship with third-party platforms remains governed by their respective terms of service
We only access and store information essential to our services
You can manage integration permissions through your account settings
We protect your data according to our privacy policy and applicable regulations

Technical Requirements

To ensure smooth integration with various platforms, we maintain specific technical requirements for avatar uploads and deployments. Creators should verify their content meets both Avatown's standards and the requirements of target platforms.

13. PLATFORM MANAGEMENT AND OPERATIONS

Platform Management

At Avatown, we are committed to maintaining a safe, efficient, and high-quality marketplace for creators and users. To achieve this, we implement comprehensive platform management practices that balance creator freedom with community safety and technical reliability.

Quality Assurance and Monitoring

We actively monitor our platform to ensure compliance with our terms and maintain quality standards. This includes:

Reviewing product submissions for technical compliance and quality
Monitoring transactions for security and authenticity
Investigating reported violations of our terms
Ensuring platform stability and performance

Enforcement Actions

When necessary, we may take actions to protect our community and platform integrity, including:

Temporarily suspending listings that require technical review
Removing content that violates our terms or platform standards
Limiting account access for users who violate our policies
Reporting serious violations to appropriate authorities

Technical Management

To maintain optimal platform performance, we may:

Implement file size limits and format requirements for products
Optimize storage and delivery systems
Manage server resources to ensure stable service
Update technical specifications as needed

User Support and Communication

We are committed to:

Providing clear communication about any enforcement actions
Offering appeal processes for content removal decisions
Supporting users in resolving technical issues
Maintaining transparency about platform changes

Rights Protection

While managing our platform, we balance various interests:

Protecting creator intellectual property rights
Maintaining platform security and stability
Ensuring user access to purchased content
Preserving platform integrity

These management practices are designed to create the best possible environment for our community while ensuring Avatown remains a leading platform for avatar commerce and distribution.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

15. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Dolami,Inc.

One Embarcadero Center Lobby Level, 2nd Floor ELI #112

San Francisco, CA 94111

**United States

Avatown support team**

Email: support@goavatown.com