Conditions générales d'utilisation
Terms and Conditions - Movieitaly+
Premise
Movieitaly S.r.l., with legal seat in Via Marcella, 6 Rome (Italy), provides a Subscription Video on demand service that includes the Movieitaly+ website, application and associated content and services, that allows subscribers to access movies and other audiovisual contents (“Movieitaly+ Content”) streamed over the Internet to certain Internet-connected TVs, computer and other devices (“Service”, as defined below), within the territories of the United States of America, Canada, Australia, New Zealand, South Africa, Nigeria, Kenya, Sweden, Norway, Finland and Israel (“Territory”, as defined below).
Use of the Service requires compatible devices, and certain software may require periodic updates, and your use of the Service may be affected by the performance of these elements. You can access Movieitaly+ Content with almost any Internet-connected computer or through the Service application available for certain mobile or other devices (Internet connection required) (each, a "Movieitaly+ Device"). For specifics concerning supported devices operating systems web supported devices, operating systems, web browsers and optimal streaming support please contact us at info@movieitalyplus.com or e-mail our Customer Service at clients-support@vodevolution.com . You can add a compatible device to your account by downloading the Movieitaly+ application to the compatible device and by signing into your Movieitaly+ Service account through the application. Please note that you may access the Service with one device at a time.
You must have a high speed Internet connection in order to access and use certain aspects of the Movieitaly+ Service.
These terms of use (also “Terms of Use” or “Agreement”) govern the use of our services by our subscribers. As used in these Terms of Use, “Movieitaly+ Service(s)”, “our service(s)” or the “Service” means the service provided by Movieitaly s.r.l. for watching Movieitaly+ Content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
Each time you visit, browse, or use the Movieitaly+ service, you accept this Agreement.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE MOVIEITALY+ SERVICES.
PLEASE READ CAREFULLY THESE TERMS, ALONG WITH THE PRIVACY POLICY TO UNDERSTAND HOW WE HANDLE YOUR PERSONAL INFORMATION. Only after you have previously read the information concerning the processing of personal data, provided such data and read, approved these Agreement and chosen the desired payment option from those available, your subscription to the Service (“Subscription”) will be usefully concluded and effective.
You agree to the Agreement by clicking "Agree & Continue" or other industry standard mechanism during the Movieitaly+ Service registration process. If you do not agree to the Agreement, you may not use the Movieitaly+ Service.
Movieitaly+ will notify you of the successful receipt of the Subscription, by means of an e-mail, sent to the address you indicated at the time of registration
The Subscription lasts for a period of one month or three months or one year ("Subscription Period"), depending on the commercial offer that you chose at the time of Subscription and will be effective from the date of activation.
At the end of the Subscription Period, the Subscription will be automatically renewed for an identical period. Unless you cancel the Subscription prior to the renewal date, Movieitaly+ shall be entitled to charge the Subscription fee for the subsequent period to the Payment Method with which the Subscription was made.
We may amend this Agreement. Any such amendment will be effective thirty (30) days following our dispatch of a notice to you. If you do not agree to any change to this Agreement, you may cancel your Subscription to the Movieitaly+ Service according to this Terms of Use (see “Cancellation” section below). Notwithstanding the foregoing, certain elements of the Movieitaly+ Service may change at any time for purposes related to technical evolutions, without notice, provided that there is no price increase and no alteration of quality or substantial modification of the functionalities of the Movieitaly+ Service. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.
To use Movieitaly+ Service you must have Internet access and a Movieitaly+ Device, register to Movieitaly+ – creating an account – and providing us with certain information (e.g., a valid email address), one or more payment methods and agreeing to this Agreement.
1. Movieitaly+ Service
1.1 You must be 18 years of age to subscribe to the Movieitaly+ Service. Minors may only use the Service under the supervision of an adult. You undertake to indemnify and hold harmless Movieitaly+ for any consequence, damage and/or claim arising from the use of the Service by a Minor.
1.2 The Movieitaly+ Service is provided to individuals for their personal, non-commercial use only and may not be shared with individuals beyond your household. Companies, associations, educational entities and other groups may register for a Movieitaly+ Service account or use the Movieitaly+ Service under conditions and offers to be negotiated with Movieitaly s.r.l. on a case-by-case basis. During your Subscription Period, we grant you a limited, non-exclusive, non-transferable right to access the Movieitaly+ Service and view Movieitaly+ Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances and for any other means not permitted by applicable law or infringing this Agreement.
1.3 You may use Movieitaly+ Service within the country in the Territory. It is forbidden to modify the IP (internet protocol) address of your device or to use any technological measure in order to circumvent the identification of the Territory by Movieitaly+ Service. Available Movietaly+ Content may vary depending on the geographical location of the subscriber.
1.4 You are responsible for any activity that occurs through your account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account). You should maintain control over Movieitaly+ Devices that are used to access the Service and not reveal the password or details of the payment method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can discretionally terminate your account or place your account on hold in order to protect you, Movieitaly+ or our partners from identity theft or other fraudulent activity.
1.5 Movieitaly+ Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD and 4K Ultra HD quality is available for certain Movieitaly+ Content. That said, the playback quality of Movieitaly+ Content, including resolution, may be affected by the format of the Movieitaly+ Content, your location, the speed, bandwidth and specific terms of your Internet service, and the Devices used, among other factors. The time it takes you to begin viewing Movieitaly+ Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Movieitaly+ Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Movieitaly+ Content in these respects.
1.6 Streaming Movieitaly+ Content. Movieitaly+ Content can be streamed through the Movieitaly+ Service, within the Territory, over an active Internet connection. Please note that you will be able to use the Movieitaly+ Service only with one account on one device at a time.
1.7 Movieitaly+ Content Availability. Certain Movieitaly+ Content available through the Subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are subscribing to the Movieitaly+ Service, and we may use different technologies and methods to verify your geographic location.
1.8 Future Unavailability. It is possible that the Movieitaly+ Service and/or some or all Movieitaly+ Content may not be available for streaming at any given time including (1) during any maintenance or update periods, (2) any power or server outages; (3) as a result of war, riots, strikes, social unrest; or (4) as a result of other matters beyond the control of us or third parties. Movieitaly+ will take reasonable efforts to provide you with as much prior notice as possible; however, Movieitaly+ shall have no liability to you in such event. In some cases we have to remove certain features or functionality and/or devices or platforms from being able to access Movieitaly+ Service. We will do our best to let you know of any of these changes, usage rules and restrictions. We will not be liable to you for any modification, suspension or discontinuance of the Movieitaly+ Service, although if you are a subscriber and we suspend or discontinue your Subscription to the Movieitaly+ Service, we may provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Movieitaly+ Service due to your violation of the Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
1.9 Promotional and Experimental Features. In our continued assessment of the Movieitaly+ Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Movieitaly+ Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Movieitaly+ Service shall be governed by this Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
2. Billing period
2.1 The subscription fee (“Subscription Fee) will be billed to the payment method you selected on the payment date indicated on the "Account" page. The length of your billing period will depend on the Period of Subscription (monthly, quarterly or yearly) you chose when registering for the Service. In some cases, the payment date may vary, for example, if your payment transaction fails, if you change your Subscription plan, or if your paid Subscription begins on a day not included in a particular month.
2.2 The last day of the billing period is your billing date. Unless you unsubscribe or withdraw before your billing date within the set time limits, you authorize us to charge the Subscription Fee for the next billing period to your payment method (see “Cancellation” section below).
2.3 Payment will be charged to your chosen payment method at the Subscription and at the start of every new billing period, unless timely canceled.
The Subscription Fee are inclusive of taxes or duties.
In providing payment details, you represent and warrant that such information is accurate, that you are authorised to use the payment method provided, and that you will promptly notify Movieitaly+ of any changes in the details of the chosen payment method. Movieitaly+ reserves the right to use credit card update services provided by third parties to obtain the relevant expiry dates.
In the event that the credit card payment procedure fails, Movieitaly+ notifies you in a special screen informing you of the impossibility of proceeding with the transaction.
It is absolutely forbidden for you to provide false or fictitious data or data referring to non-existent persons when filling in the order form or in the credit card payment procedure.
2.4 We reserve the right to change our Subscription Fee. In the event of a such change, we will notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you have to cancel your Subscription in accordance with the instructions included in that email and / or below and the cancellation will take effect at the end of the current billing period or free trial. If you do not cancel your Subscription after the Subscription Fee change takes effect and prior to the start of your new Subscription Period, your Subscription will be renewed at the Subscription Fee in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
2.5 You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. You also agree that we may charge your payment method on file if you decide to restart your Subscription. For some payment methods, the issuer may charge you certain fees (for example, fees relating to the processing of your payment method). Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Movieitaly+ Service. Please check with your Internet provider for information on possible Internet data usage charges.
3. Free Trials
3.1 Your Subscription may begin with a free trial lasting a certain period decided by Movieitaly+. Availability of a free trial is not guaranteed and, if one is available, is only available to those who have not previously used one for the Movieitaly+ Service. Your first payment will be charged to your chosen payment method immediately following the expiry of the free trial (if any) unless cancelled in accordance with the instructions for cancellation below. You can cancel your Subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid Subscription has begun.
4. Withdrawal
4.1 You may withdraw from the Agreement within the first 14 days from the day of the Subscription to Movieitaly+ Service, whether you had a free trial period or not. You may exercise your withdrawal right by using the written statement clearly expressing your intent to withdraw, to be sent info@movieitalyplus.com or to the postal address: Via Marcella 6, Rome (Italy), ZIP code 00153.
5. Cancellation
5.1 You can cancel your Subscription at any time before the end of the current billing period or free trial. To cancel your Subscription, access your Account, choose the button to delete your profile and, after 30 days, the process will be completed. Please note that your data will remain stored on the invoices and/or receipts issued. Please contact our Customer Service for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your free trial), and you will still be able to access Movieitaly+ Service until then.
6. Refund
6.1. We do not refund or credit for partially used billing periods but you will use the Service for the Period of Subscription you already paid for.
7. Subscriptions obtained through third parties & bundled subscription options
7.1 If you obtain a Movieitaly+ Service via a third party (e.g., an app store), that Subscription is also subject to the third party's terms, and the provisions in this Movieitaly+ Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Movieitaly+ Agreement conflicts with the applicable third party's terms. For Subscriptions obtained via a third party, your billing relationship will be direct with the applicable third party. Any fees charged for your Movieitaly+ Service Subscription will be billed by the applicable third party using the payment information you have provided to such a third party. To cancel a Movieitaly+ Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our Help Center for instructions on how to cancel a Movieitaly+ Service subscription obtained via a third party.
7.2 We may offer a Movieitaly+ Service bundled with other subscription services, including subscriptions to third-party products and services. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.
8. Copyright license grant and restrictions
8.1 Within the Territory and subject to the terms and conditions of this Agreement, Movieitaly+ grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to install and make non-commercial, personal use of the Movieitaly+ Service and so the right to stream copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (as already defined, the "Movieitaly+ Content") that are available to you from the Movieitaly+ Service.
8.2 This Agreement shall be interpreted as a license agreement and not an agreement for sale or assignment of any rights in the Movieitaly+ Content or the Movieitaly+ Service. The purchase of a license to stream any Movieitaly+ Content does not create an ownership interest in the Movieitaly+ Content or the Movieitaly+ Service. Such Movieitaly+ Content and Movieitaly+ Service, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Movieitaly+ Content, is owned by Movieitaly+, its affiliates and/or other licensors, and is protected by copyright, trademark law and/or other intellectual property laws and treaties.
8.3 You agree that as a condition of your license, you may not and agree not to:
a) copy, archive, reproduce, distribute, modify, display, rebroadcast, transmit or perform, publish, license the Movieitaly+ Content (except as expressly permitted by this Movieitaly+ Subscriber Agreement);
b) circumvent, remove, alter, deactivate, degrade or thwart any content protection system or digital rights management technology used in connection with the Movieitaly+ Service to control access to the Movieitaly+ Content;
c) use any robot, spider, scraper or other automated means to access Movieitaly+ service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Movieitaly+ Service; insert any code or product or manipulate the Content of the Movieitaly+ Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Movieitaly+ Service, including any software viruses or any other computer code, files or programs.
d) create derivative works of the Movieitaly+ Content;
e) allow third parties to violate the above restrictions.
8.4 You further agree that as a condition of your license, you may not and agree not to:
a) move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Movieitaly+ Service and/or video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player;
b) modify the Movieitaly+ Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Movieitaly+ Content or the Movieitaly+ Service;
c) access or use the Movieitaly+ Service in a manner that suggests an association with our products, services or brands;
d) use the Movieitaly+ Service for any commercial or business-related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Movieitaly+ Content or Movieitaly+ Service, whether or not for profit;
e) create derivative works of any Movieitaly+ owned components of the Movieitaly+ Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
f) bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Movieitaly+ Service;
g) access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Movieitaly+ Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
h) damage, disable, overburden or impair the Movieitaly+ Service;
i) use the Movieitaly+ Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Movieitaly+ Subscriber Agreement;
j) share your login credentials with third parties;
k) otherwise allow third parties to violate the above restrictions.
8.5 Violations. Any attempt to perform any of the restrictions hereby listed is a violation of the rights of Movieitaly+ and the other eventual copyright holders. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service and undertake any subsequent legal action to protect our interests.
9. Use and sharing of your information
9.1 You acknowledge that Movieitaly+is the data controller responsible for the processing of your personal data in order to provide you with the Movieitaly+ Service.
9.2 For more information about our collection, use, and sharing of your information please refer to our Privacy Policy.
10. Suspension and termination
10.1 You agree that Movieitaly+ may restrict, suspend, or terminate your access to part or all of the Movieitaly+ Service and to any Movieitaly+ Content if Movieitaly+ believes you are using or have used the Movieitaly+ Service in violation of the Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. If so, we will notify you in advance by sending an email to the email address you have registered for your account. Without limiting the foregoing, Movieitaly+ may restrict or suspend your access to your Movieitaly+ Service account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (1) requests from law enforcement or other government authorities, (2) unexpected technical issues or problems, or (3) if Movieitaly+ reasonably believes that (a) your Movieitaly+ Service account has been created fraudulently; (b) your Movieitaly+ account has been accessed fraudulently, or (c) anyone uses your Movieitaly+ account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.
10.2 Movieitaly+ also reserves the right, after notice to you, to terminate any Movieitaly+ Service account that remains inactive for one year (failure to log in to your Movieitaly+ Service account will constitute inactivity for purposes of this Movieitaly+ Subscriber Agreement).
10.3 Movieitaly+ will not be liable to you or to any third party for any restriction, modification, suspension, or termination of your access to your Movieitaly+ Service account or Movieitaly+ Content.
10.4 Upon termination of your Movieitaly+ account, whether terminated by Movieitaly+ or at your request (other than a cancellation of your Subscription that allows your Subscription to continue until the end of the billing period), you will immediately lose the right to access streamed Movieitaly+ Content through the Movieitaly+ Service and within a limited period lose the right to view Movieitaly+ Content downloaded within the Movieitaly+ Service.
11. Miscellaneous
11.1 You understand and agree that the Movieitaly+ Content available through the Movieitaly+ Service is intended for informational and entertainment purposes only. The Movieitaly+ Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
11.2 Movieitaly+ Content Subjectivity. Movieitaly+ Content tends to elicit varying reactions among different people. You may come across Movieitaly+ Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation, and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Movieitaly+ Content is appropriate for your family.
11.3 Photosensitivity. Movieitaly+ Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photo-sensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and colour saturation which may also affect users.
11.4 Third-Party Services and Movieitaly+ Content. The Movieitaly+ Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Movieitaly+ Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device), then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this Agreement However, these third-party beneficiaries are not a party to this Agreement. You agree that your access to the Movieitaly+ Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
11.5 Mobile Networks. When you access the Movieitaly+ Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Movieitaly+ Service may be prohibited or restricted by your network provider and the Movieitaly+ Service may not work with your network provider or device.
11.6 Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of a review, compensation or consideration of any type. Movieitaly+ does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
11.7 Contact Information. You may contact Movieitaly+ by email at info@movieitalyplus.com. Please note that our service is managed for the technical part by New World Technology Sagl, headquartered in Via Livio 5, 6830 Chiasso, Switzerland (CH).
11.8 Notices. Any notices Movieitaly+ delivers to you may be made as follows: (a) by email to the last email address provided by you or (b) by posting a notice on the Movieitaly+ Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of the information you provide.
11.9 Disclaimers of warranty; liability limitation. You acknowledge and agree to the essential condition that the Movieitaly+ Content and Movieitaly+ Service are provided "as is" and without warranties of any kind. Except in cases of gross negligence or willful misconduct, Movieitaly+, its affiliates, licensors, agents, and service providers (collectively, the "Movieitaly+ Parties") each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the Movieitaly+ Parties do not warrant that the Movieitaly+ Content and the Movieitaly+ Service will be without errors, viruses or other harmful components. Except in cases of gross negligence or willful misconduct, Movieitaly+ Parties will not be liable for any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the Movieitaly+ Content or the Movieitaly+ Service, however caused. Unless caused by gross negligence or willful misconduct, we shall not be held liable for delay or failure in performance resulting from causes beyond our reasonable control. The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the Movieitaly+ Parties have been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
11.10 Severability. If any provision of this Movieitaly+ Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and Movieitaly+ shall replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Movieitaly+ Subscriber Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.
11.11 Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
11.12 Entire Agreement. This Agreement and the provisions referenced herein, constitute the entire agreement between you and Movieitaly+ pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
12. Applicable law and jurisdiction
12.1 Whether you are a US citizen, the Agreement shall be interpreted, governed by and construed in accordance with the laws of the state of your place of residence, without prejudice to the federal laws and without regard to conflict of laws provisions. Any dispute arising from or in connection with this Agreement, that action shall be brought in the appropriate state or federal court located in your place of residence ; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in your place of residence for the adjudication of all non-arbitral claims.
12.2 Whether you are a Canadian citizen, the Agreement shall be interpreted, governed by and construed in accordance with the laws of Canada, without regard to conflict of laws provisions. Any dispute arising from or in connection with this Agreement, that action shall be brought in the appropriate state or federal court located in your place of residence; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in your place of residence for the adjudication of all non-arbitral claims.
12.3 Whether you are a New Zealand, Australian, South African, Kenyan, Norwegian, Swedish or Israeli citizen, the Agreement shall be interpreted, governed by and construed in accordance with the laws of your State, without regard to conflict of laws provisions. Any dispute arising from or in connection with this Agreement, that action shall be brought in the appropriate court located in your place of residence; and we both irrevocably consent to the exclusive jurisdiction and venue of the court in your place of residence for the adjudication of all non-arbitral claims.
12.4 Whether you are a Nigerian citizen, the Agreement shall be interpreted, governed by and construed in accordance with the laws of the state of your place of residence, without prejudice to the federal laws and without regard to conflict of laws provisions. Any dispute arising from or in connection with this Agreement, that action shall be brought in the appropriate state or federal court located in your place of residence; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in your place of residence for the adjudication of all non-arbitral claims.
12.5 In any cases, these terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.