SEN VIRTUAL FASHION, INC.
Terms of Service
Last Update: June 28, 2023
Please read these Terms of Service (“Terms”) carefully. These Terms govern your use of (i) Senspace’s web domains and subdomains (our “Sites”), and (iii) our offering and sale of Senspace “Boombox” (which may include the “SB-01”) digital music players (“Boomboxes”) and “Cassettes,” which are digital music albums that are playable only on a Boombox (“Cassettes”). The Boombox and Cassettes are provided as non-fungible tokens (“NFTs”) on the Polygon blockchain.
We refer to the content and functionality of the Sites, and our offering and sale of NFTs, as our “Service.” The term “Service” includes the recorded musical performances available through the Boombox and Cassettes and the images and video associated with such music, which may be licensed to us by composers, performers and artists.
As used in these Terms, “Senspace”, “we”, “us”, or “our” refer to Sen Virtual Fashion, Inc.
Under these Terms, any disputes arising between you and us are subject to binding arbitration, unless you exercise your right to opt out of arbitration within the period specified below. Please review “Mediation and Binding Arbitration” below.
If you are under 13 years of age, do not use or provide any information to the Senspace Sites.
This summary is provided only for convenience. Please review the Terms below in its entirety for important information and legal conditions that apply to your use of the Service.
The Service is not intended for children under the age of 13. If you are under 13, do not use the Service. If you are age 13 or over but under age 18, you may use the Service only with the consent of your parent or legal guardian.
The Service is owned by Senspace. You may only use the Service for personal use. You may not sell or transfer the Service, or any content or digital items within the Service, to anyone else.
You may not copy or modify any content from the Service, or any trademarks appearing in the Service, except as we expressly allow in these Terms.
You will be responsible for all charges relating to the Service. These charges may include costs of NFTs and additional features or content.
Amounts paid are non-refundable except as required under local law of your jurisdiction. We may discontinue or change the Service, including any features of the Service, at any time without notice or liability to you.
Our liability to you relating to the Service is limited. You agree that any disputes will be subject to binding arbitration, to be held in New York, New York, USA.
Your Agreement to these Terms and Future Changes
These Terms are a legal agreement between you and Senspace. The Service is licensed, not sold, to you by Senspace. We reserve all rights in and to the Service not expressly granted to you under these Terms. We may modify these Terms, at our sole discretion, without your consent, effective immediately upon posting of the revised Terms, and you agree to and accept this condition. Material changes to these Terms will be announced by posting them in the Service is available. You are responsible for checking these Terms each time before using the Service. Continued use of the Service following the posting of changes means that you accept and agree to the updated Terms.
Scope of License
Your rights under these Terms are limited to a personal, non-commercial, nontransferable license to use the Service. In the case of Boomboxes and Cassettes, all rights granted in these Terms are subject to your continuing ownership of the associated NFT. Except as provided in the rules relating to your device, you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Service. You may not copy (except as expressly permitted by these Terms and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Service). Any attempt to do so is a violation of the rights of Senspace and our licensors. If you breach this restriction, you may be subject to prosecution and damages.
You may display images of the Boomboxes and Cassettes for non-commercial purposes, for example in your personal social-media accounts for the purpose of sharing your experience with the Service with others in your network.
For the avoidance of doubt, you may not play the music available through the Service for commercial purposes (such as in a business establishment),and may not copy or download the music.
These Terms will govern any upgrades provided by Senspace that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these Terms are concluded solely between you and Senspace, and that Senspace is solely responsible for the Service and the content thereof, except as otherwise provided in these Terms.
Use of the term “purchase” in these Terms does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods.
Please see “NFTs” below for further information relating to non-fungible tokens and related content.
All content included in the Service, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, data compilations and software is owned by Senspace or our licensors and protected by applicable copyright laws. This includes any images, music and video, for example, that are associated with NFTs. The Service may include registered and unregistered trademarks owned by or licensed to Senspace, which may not be copied, imitated or used without the prior written permission of Senspace. You agree that you will not apply for, register, or otherwise use or attempt to use any Senspace trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.
Purchasing Boombox and Cassette NFTs
To use the Service, you will need to obtain an Boombox and one or more Cassettes, which are available as NFTs. Depending on whether you wish to purchase the NFTs by government-issued currency or by cryptocurrency, we may direct you to a conventional credit-card payment processor or a cryptocurrency payment provider.
Payment by Credit Card. If you pay by credit card using fiat currency, after the payment has cleared by the payment processor (such as Stripe) and been received by us, we will (on your behalf) mint the NFTs that you have ordered. We will then deposit them in a crypto wallet (such as Torus) established by you through a third-party crypto onboarding service (such as Web3Auth). We refer to the crypto onboarding services and wallet providers as “Third-Party Crypto Services.” Please note that although we may provide links to one or more Third-Party Crypto Services in the Service for your convenience, we have no control over such Third-Party Crypto Services and have no responsibility or liability for their actions or omissions. You must inform us within ten (10) days of payment if you have not received any purchased NFTs in the wallet established for you by the applicable Third-Party Crypto Service. If you do not notify us within such period, we will not be liable for any failure of delivery or loss of such NFTs.
Payment by Crypto. Payment may be made using MATIC cryptocurrency. If you pay by crypto, you will mint the NFTs that you have ordered on the Site and they will be sent to a third-party wallet (such as Metamask) that you will provide.
Exchange rates between government currency and MATIC, or other cryptocurrencies and MATIC, are variable and may fluctuate significantly. The exchange rates applied by Stripe or any Third-Party Crypto Service from time to time may not correspond to real-time exchange rates.
We will have no liability for, and prices for NFTs exclude, all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for the payment of such taxes or other charges related to your use of the Service.
Any amounts paid for the Service, including for NFTs, are non-refundable, except to the extent required by applicable law or as expressly set forth in these Terms.
If you are a resident of the European Union, you consent that we may make available to you the Service and any virtual goods directly after your order has been accepted. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of any virtual goods.
Consent to Use of Data
We may ask you to submit personal information in order to use certain features of the Service, and you may be required to submit personal information to Third-Party Crypto Services if you pay by credit card. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, Senspace has the right to suspend or terminate your access to the Service and refuse any and all current or future use of the Service by you.
The Service is not intended for children under the age of 13. If you are under 13 years of age, do not use or provide any information to any of the Senspace Sites.
If you are age 13 or over but under age 18, you may use the Service only with the consent of your parent or legal guardian. Senspace relies upon parents and guardians to determine if the Service is appropriate for the viewing or access by persons under the age of 18. You agree to monitor use of your access to the Service by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your access the Service by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.
As NFTs, the Boomboxes and Cassettes are intangible digital assets that exist only by virtue of the ownership record maintained on the Polygon blockchain network. The NFTs incorporated in the Service are provided solely for entertainment purposes. BOOMBOXES AND CASSETTES SHOULD NOT BE CONSIDERED STORES OF VALUE OR INVESTMENT INSTRUMENTS. BOOMBOXES AND CASSETTES ARE NOT SECURITIES AND ARE NOT REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES AUTHORITY. THE REAL-WORLD VALUE OF BOOMBOXES AND CASSETTES MAY FLUCTUATE SIGNIFICANTLY. YOU SHOULD BE PREPARED TO LOSE ANY AMOUNT THAT YOU PAY FOR THESE VIRTUAL ITEMS.
NFTs may be subject to smart contracts that are conducted and occur on a decentralized ledger within the blockchain. We may have no control over and make no guarantee with respect to the operation of smart contracts. Senspace is not responsible for losses due to the function, or any failures, of the blockchain or any digital wallet, including any wallet provided by a Crypto Service Provider. Blockchain-related losses may result from, among other things, late or missing reports from developers or representatives of any issues with the blockchain network, forks, technical node or other issues. You acknowledge that Senspace has no ability to undo, reverse, or restore any transactions. Boomboxes and Cassettes are provided “as is” and “as available” without warranty of any kind.
Any NFTs offered by Senspace will be subject to the use and ownership provisions of these Terms. You represent and warrant that your use of any NFT available through the Service will at all times conform with all: (a) applicable laws; and (b) applicable third-party terms. The purchase price of NFTs may include so-called “gas fees,” or the cost of recording entries on the blockchain, which are variable and are beyond Senspace’s control.
Commission for Trading
In addition to any gas fee, each time you conduct a secondary trade of an NFT, you authorize us to collect a commission based on the total value of that transaction.
You acknowledge and agree that such commission may be transferred directly to us as a part of the transaction.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (“Taxes”) associated with your use of the Service (including, without limitation, any Taxes that may become payable as the result of your use, ownership or transfer of NFTs). You will pay or reimburse us for all Taxes that we are required to pay on your behalf. You shall not be entitled to deduct the amount of any Taxes from payments made to us pursuant to these Terms. If required by applicable law, we may provide information regarding your transactions in NFTs to governmental authorities, including your personal information.
You are entirely responsible for the safety and management of your own digital wallet and validating all transactions you may undertake for NFTs.
We may require you to provide additional information and/or documents at the request of any competent authority or in connection with any applicable law or regulation, including without limitation laws related to anti-money-laundering. Senspace may also require you to provide additional information and documents in cases where we have reason to believe that: (a) you are using the Service (or any portion thereof) for money-laundering or for any other illegal activity; (b) you have concealed or reported false identification information and/or other details; and/or (c) transactions by you were effected in breach of these Terms. In such cases, Senspace, in its sole discretion, may (d) revoke any rights granted to you by Senspace hereunder; or (e) pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Senspace may, in addition to the foregoing penalties, terminate your access to the Service.
Ownership; Personal License to Boomboxes and Cassettes
When you mint a Boombox or Cassette (or we mint it on your behalf), you own the corresponding NFT entry in the Polygon blockchain. You do not own the visual or audio content to which such blockchain entry is linked, such as the graphic of the Boombox, any related image or video content, and the music playable using a Cassette . Such content is licensed to you for so long as you own such NFT as provided under “Scope of License” above. You acknowledge and agree that Senspace (or, as applicable, our licensors) owns all legal right, title and interest in and to the Boombox and Cassettes, including artwork, video and music.
OTHER THAN EXPRESSLY STATED IN THESE TERMS, YOU DO NOT HAVE ANY OTHER RIGHTS IN THE NFTs, BOOMBOXES OR CASSETTES, OR ANY AUDIO OR VISUAL CONTENT ASSOCIATED THEREWITH. You acknowledge that the Boomboxes and Cassettes may be protected by, as applicable, copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names associated with the Service, including Boomboxes and Cassettes, are proprietary to Senspace or its licensors. We reserve all rights in and to the Boomboxes and Cassettes that are not expressly granted to you in these Terms.
You may not use Senspace’s name without our prior written consent, which may be granted or withheld in our sole discretion, provided that you may use Senspace’s name solely to refer to the origin of an NFT (but not with respect to any Boombox and Cassettes that does not conform to these Terms). Non-response to a request for such approval shall be deemed disapproval.
Assumption of Risk
You acknowledge and assume the following risks: (a) risks associated with purchasing and using internet-based assets, such as NFTs, including, but not limited to, failure of hardware, software and internet connections, malicious software introduction, unintended disclosure of your crypto wallet address, and the risk that third parties may obtain unauthorized access to information stored within your wallet; (b) a lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the Senspace ecosystem, and therefore the potential utility or value of NFTs; (c) the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the Senspace ecosystem, and therefore the potential utility or value of NFTs; and (d) upgrades to any blockchain platform, a hard fork in such a platform, or a change in how transactions are confirmed on such a platform may have unintended, adverse effects on blockchains, including the Senspace ecosystem and/or the NFTs. You accept and acknowledge that Senspace will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.
The Service may contain links, login interfaces and other connections to third-party websites and apps, including to Crypto Service Providers. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.
You agree not to engage in any of the following conduct through the Service: (a) interfere with or disrupt the Service or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; (b) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (c) use the Service to violate the law; (d) use the Service to harm minors in any way; (e) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead Senspace or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use the Service for any commercial purpose (i) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications that are designed to modify the Service experience; or (j) submit false refund requests to Senspace. Senspace reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these Terms or the Service and to take action as a result, which may include termination of your access to the Service and exclusion from further participation in the Service.
Changes, Suspension or Termination of the Service
We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting you in advance.
You agree that we may temporarily suspend the Service without prior notice. During any such period you may be unable to access any information you have stored on the Service. This may occur, for example, when we are conducting regular or emergency maintenance on the Service.
The license is effective until terminated by you or Senspace. Your rights under these Terms will terminate automatically without notice from Senspace if you violate any terms listed in these Terms regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Service and delete all copies of the Service.
You may, as the result of termination, lose your access to the Service and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these Terms for any reason, whether by you or Senspace. Senspace reserves the right to refuse to provide access to the Service to anyone.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SENSPACE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. SENSPACE DOES NOT WARRANT THAT THE SERVICE, NFTS, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENSPACE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SENSPACE OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF POLYGON OR ANY OTHER BLOCKCHAIN NETWORK OR ANY DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SENSPACE NETWORK OR WALLET. SENSPACE ASSUMES NO OBLIGATION OR LIABILITY WITH RESPECT TO ANY CRYPTO SERVICE PROVIDER, AND ANY USE OF A CRYPTO SERVICE PROVIDER IS ENTIRELY AT YOUR RISK.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SENSPACE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SENSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
No SupportYou agree that we have no obligation to provide support relating to the Service. You agree that the Sites may automatically install updates, upgrades and additional features that Senspace deems reasonable, beneficial to you and/or reasonably necessary.
You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
US Government Users
The Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
You agree that Senspace may send emails to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.
Any questions relating to the Service should be sent as follows:
Sen Virtual Fashion, Inc.
Mediation and Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You may opt out of arbitration within a limited period. Please see “Opt-Out Right” below.
Informal Negotiation. You and Senspace agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Senspace otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or Senspace provides written notice of the Dispute. You and Senspace agree that neither will commence arbitration before the end of the time for informal negotiation.
Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent Senspace or you from pursuing a claim in small claims court with applicable jurisdiction.
Limitation. You and Senspace agree that any arbitration shall be limited to the Dispute between Senspace and you individually. YOU AND SENSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Senspace agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.
Opt-Out Right. You can reject and opt-out of this binding arbitration agreement within thirty (30) days of your first use the Service by emailing Sen Virtual Fashion, Inc., at firstname.lastname@example.org with your first and last name and the email address and stating your intent to opt-out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
This section survives termination of these Terms.
The laws of the State of New York, USA, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of New York, New York, USA for all disputes in connection with these Terms or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of these Terms.
All services hereunder are offered by Sen Virtual Fashion, Inc., which may be reached at email@example.com by telephone at +1-302-401-1195 or by physical mail at 3500 South Dupont Highway, Suite FH-102 Dover, DE 19901.
If any of the terms or conditions of these Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms.
Delay in Enforcement
No delay or failure to take action under these Terms shall constitute any waiver by us of any provision of these Terms.