IVOREE Terms & Conditions

Welcome to IVOREE's Terms and Conditions of Use (these "Terms"). This is a contract between you and White Ivory Elephant Technologies (as defined further below) and we want you to know yours and our rights before you use the IVOREE application ("IVOREE" or the "App"). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms.

Please be aware that if you subscribe to services for a term (the "Initial Term"), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at IVOREE's then-current fee for such services, unless you cancel your subscription in accordance with Section 5 below.

You should also note that Section 13 of these Terms contains provisions governing how claims that you and White Ivory Elephant Technologies have against each other are resolved. In particular, it contains an arbitration agreement that will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration.

Notice to California subscribers: You may cancel your subscription and request a refund at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not IVOREE. If you wish to request a refund, please visit https://getsupport.apple.com.

Before you can use the App, you will need to register for an account ("Account"). In order to create an Account you must: (a) be at least 18 years old; and (b) be legally permitted to use the App by the laws of your home country.

You can create an Account via manual registration, or by using your Facebook login details. If you create an Account using your Facebook login details, you authorise us to access, display and use certain information from your Facebook account (e.g. profile pictures, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.

We cannot allow you to use another person's Account or to share your Account with any other person without permission.

You'll have great fun on IVOREE, but if you feel the need to leave, you can delete your Account at any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' link. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App.

We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms at any time without liability and without the need to give you prior notice. Without limiting the foregoing, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App, if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

There are three types of content that you will be able to access on the App: (a) content that you upload and provide ("Your Content"); (b) content that operators provide ("Operator Content"); and (c) content that the IVOREE platform provides ("Our Content").

We want our users to be able to express themselves as much as possible and post all sorts of things on IVOREE, but we have to impose restrictions on certain content which: contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic, violent or otherwise may offend human dignity; is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity; is defamatory or libelous; involves the transmission of "junk" mail or "spam"; contains any spyware, adware, viruses, corrupt files, worm program or other malicious code; infringes any third party's rights; is harmful to minors; or impersonates any other person. White Ivory Elephant Technologies operates a zero-tolerance policy for this kind of content.

Your Content: You agree that Your Content must comply with our Guidelines as updated from time to time. You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You may not display any personal contact or banking information on your individual profile page. By uploading Your Content on IVOREE, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way.

Operator and Other Member Content: Casino Operators and other affiliates of IVOREE along with other members using the IVOREE app will also share content via the App. You do not have any rights in relation to other users' content or affiliates' content or operator content, and you may only use other IVOREE users' personal information to the extent that your use of it matches IVOREE's purpose of allowing social engagement and community interaction. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats.

Our Content: Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on IVOREE are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content for lawful purposes only.

You agree to: comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements; and use the services in a professional manner.

You agree that you will not: act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory; misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity; disclose information that you do not have the consent to disclose; stalk or harass any other user of the App; or create or operate a pyramid scheme, fraud or other similar practice.

You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly by clicking the 'Block & Report' link. We reserve the right to investigate any possible violations of these Terms, and we may, in our sole discretion, immediately terminate any user's right to use of the App without prior notice.

YOU UNDERSTAND THAT WHITE IVORY ELEPHANT TECHNOLOGIES DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WHITE IVORY ELEPHANT TECHNOLOGIES ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WHITE IVORY ELEPHANT TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS. WHITE IVORY ELEPHANT TECHNOLOGIES RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

Scraping or replicating any part of the App without our prior consent is expressly prohibited.

For information about how White Ivory Elephant Technologies collects, uses, and shares your personal data, please check out our Privacy Policy. By using IVOREE, you acknowledge that we may use such data in accordance with our Privacy Policy.

Generally. IVOREE Platform may offer products and services for purchase on the App ("In-App Purchase"). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply.

You may make an In-App Purchase through the following payment methods: (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store ("Third Party Store"), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor.

Subscriptions and Auto-Renewal: IVOREE may offer some services as automatically-renewing subscriptions. IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT IVOREE'S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription.

Cancelling Subscriptions. If you purchased a subscription directly from IVOREE, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: you may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple. Go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem", or visit https://getsupport.apple.com. For all other purchases, please contact customer support with your order number.

Cancellation notices may also be mailed to: White Ivory Elephant Technologies Corporation, Attn.: Cancellations - IVOREE, 251 Little Falls Dr, Wilmington, DE 19808.

Taxes. The payments required under this Section do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If IVOREE determines it has a legal obligation to collect a Sales Tax from you, IVOREE will collect such Sales Tax in addition to the required payments.

At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from IVOREE, referred to here as "Virtual Items." You can only purchase Virtual Items through IVOREE or IVOREE's partners. Virtual Items represent a limited license right governed by this Agreement, and no title or ownership in or to Virtual Items is being transferred or assigned to you.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of IVOREE ceasing provision of services or your account closing or terminating.

IVOREE, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. IVOREE may manage, regulate, control, modify, or eliminate Virtual Items at any time. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT IVOREE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the IVOREE services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. For other types of messaging, you can unsubscribe or opt out by following the specific instructions included in such communications, or by emailing us at feedback@team.Ivory.com.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials.

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE ACCURACY OF ANY DATA DISPLAYED AT ANY POINT IN TIME.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND OPERATOR PUBLISHED CONTENT. WHITE IVORY ELEPHANT TECHNOLOGIES IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. IVOREE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

All the actions you make and information you post, access, review or use on IVOREE remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (a) any negligent acts, omissions or willful misconduct by you; (b) your access to and use of the App; (c) the uploading or submission of Content to the App by you; (d) any breach of these Terms by you; and/or (e) your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

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

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed; (3) Identification of the material claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and email; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to White Ivory Elephant Technologies' Copyright Agent at: feedback@team.Ivory.com

The following additional terms and conditions apply to you if you download the App from a Third Party Store. These Terms are concluded solely between you and White Ivory Elephant Technologies and not with the providers of the Third Party Store, and White Ivory Elephant Technologies (and not the Third Party Store providers) is solely responsible for the App and the content thereof.

The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. White Ivory Elephant Technologies is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

White Ivory Elephant Technologies, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Please read the following arbitration agreement carefully. Unless you opt out in the manner described below, this agreement requires you to arbitrate disputes with White Ivory Elephant Technologies and limits the manner in which you seek relief from us.

1. When Does This Apply? This Arbitration Agreement applies to any dispute or claim relating to your use of our App or any other aspect of your relationship with White Ivory Elephant Technologies. It requires that such claims will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or White Ivory Elephant Technologies may seek equitable relief in court for infringement or misuse of intellectual property rights.

2. How Do You Start The Arbitration Process? To begin the arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: CSC Corporation, 251 Little Falls Dr, Wilmington, DE 19808.

3. What Are The Rules Of Arbitration? The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be governed by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000 shall be subject to JAMS' Streamlined Arbitration Rules available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS' Comprehensive Arbitration Rules available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS' rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If the arbitrator finds that you cannot afford to pay JAMS' fees and cannot obtain a waiver from JAMS, White Ivory Elephant Technologies will pay them for you.

4. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to determine the scope and enforceability of this Arbitration Agreement and to resolve any dispute related to its interpretation. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law. The award of the arbitrator is final and binding upon you and us.

5. No Jury Trials. By agreeing to arbitration, YOU AND WHITE IVORY ELEPHANT TECHNOLOGIES ARE EACH AGREEING TO WAIVE OUR RIGHTS TO A JURY TRIAL. All claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 13(1) above.

6. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING.

7. 31-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Ivoryoptout@team.Ivory.com within 31 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, IVOREE username (if any), the email address you used to set up your IVOREE account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.

These Terms commence on the date you accept them and continue until terminated in accordance with the terms herein.

If you want to terminate these Terms, you may do so by (a) notifying White Ivory Elephant Technologies at any time, and (b) closing your Account. Please note that if you terminate these Terms, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5.

White Ivory Elephant Technologies may terminate or suspend these Terms, including your Account, if you breach these Terms or if White Ivory Elephant Technologies is required to do so by applicable law. You agree that all terminations for cause shall be made in White Ivory Elephant Technologies' sole discretion.

In the event that White Ivory Elephant Technologies determines, in its sole discretion, that you have breached any portion of these Terms, White Ivory Elephant Technologies reserves the right to: (a) warn you via email that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content to the proper law enforcement authorities for further action; and/or (f) pursue any other action which White Ivory Elephant Technologies deems appropriate.

All provisions of these Terms which by their nature should survive shall survive termination, including the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.

These Terms, which we may amend from time to time, constitute the entire agreement between you and White Ivory Elephant Technologies. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy.

White Ivory Elephant Technologies has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on IVOREE and provides that information on an "as is", "as available" basis. Use of IVOREE and the materials available on it is at your sole risk. White Ivory Elephant Technologies is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.

The communications between you and White Ivory Elephant Technologies may take place via electronic means, whether you use the App or send White Ivory Elephant Technologies emails, or whether White Ivory Elephant Technologies posts notices in the App or communicates with you via email. You (a) consent to receive communications from White Ivory Elephant Technologies in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that White Ivory Elephant Technologies provides to you electronically satisfy as if it were in writing.

Terms & Conditions – Subject to Change: We reserve the right to modify, amend or change the Terms at any time. Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. Your continued use of IVOREE following any change constitutes your acceptance of the change and you will be legally bound by the new updated Terms.

The App may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. If you have any questions, complaints or claims with respect to the App, please contact us at feedback@team.Ivory.com.

Subject to Section 13, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with White Ivory Elephant Technologies, will be governed by and construed under the laws of Travis County, Texas, excluding choice of law principles. Any dispute that is not subject to arbitration under Section 13 shall be resolved exclusively in the State or Federal Courts located in Travis County, Texas, and you and White Ivory Elephant Technologies each waive any objection to jurisdiction and venue in such courts.