Terms of Service

Welcome to the VolKno website (the Service), the media research and rewards service operated by VolKno Inc. (the Company). These Terms of Service (this Agreement) apply to the customers, members, users, and others who visit and use the Service (collectively or individually Users).

BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. By CLICKING ON "ACCEPT", you acknowledge that you have read, understood, and agree to be bound by thIS AGREEMENT, INCLUDING THE PROVISIONS OF SECTION 23 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. If you do not agree to ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN please do not CLICK "ACCEPT," IN WHICH CASE YOU WILL NOT BE ABLE TO use THE SERVICE.

NOTE TO KIDS under 13years of age: The Service is not FOR persons under the age of 13. If you are under 13 years of age, then please do not use the Service. Talk to your parents about what sites are appropriate for you.

1.How it Works. Users can view video and other content provided to the Company by third parties through the Service (Content) and answer questions or engage in other activities relating to such Content. Users earn reward points (Flow) for engaging in such activities that can be redeemed for rewards (such as gift cards) on the Service (Rewards). As further described in the Company's Privacy Policy (as referenced below), the Company analyzes all information submitted to or collected by the Company in connection with User interaction with and responses to Content (Response Data) and provides the results of such analysis to its customers and other third parties.

2.Privacy Policy. The Company's Privacy Policy, found at https://volkno.com/privacy, is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your information by the Company relating to the Service, including demographic information you submit and your interactions with and responses to Content.

3.Individual Features and Services.When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, contests and features which may be posted from time to time (the Guidelines). All such Guidelines are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

4.Modification. The Company may make modifications, deletions and/or additions to this Agreement (Changes) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

5.Ownership; Proprietary Rights. The Service is owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service that are provided by The Company (Company Materials) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Company Materials do not include User Submissions or any other content owned by and submitted by Users to the Service. All Company Materials contained on the Service are the copyrighted property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third-party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Company Materials.

6.Viewing Content. Without limiting the generality of Section 5, you acknowledge and agree that: (i) all Content is the copyrighted property of third parties and is made available for viewing by you solely on the Service in the manner enabled by the Company; (ii) any copying, downloading, caching, distribution, modification, public display, public performance, broadcast, transmission or other exploitation of the Content of any kind is strictly prohibited and may subject you to civil and/or criminal liability; and (iii) other than Content expressly designated as "Non-Confidential", all Content and all information regarding Content (such as, by of example only, title, plot, actors, actresses and crew) must be kept confidential and will not be disclosed or used by you for any purpose. For the avoidance of doubt, the foregoing prohibits recording or photographing any Content in addition to copying any digital data files comprising any Content.

7.Response Data. You agree to only provide Response Data that is accurate, complete and not misleading. All Response Data provide in connection with your Service account must be the result of your personal use of the Service, and no use of bots, scripts or other automated means of providing Response Data is allowed. You agree not to (and not to attempt to) interfere with or manipulate any Response Data provided by any User or the collection thereof by the Service. Without limiting any other rights and remedies of the Company, your breach of this Section 7 is grounds for immediate termination of this Agreement and cancellation of any and all Flow awarded or due to you.

8.Flow; Rewards.

8.1.Flow may only be earned through engaging in certain activities on the Service, in each case as specified on the Service from time to time (such activities, Activities). You must be logged into your Service user account through the web browser you are using to engage in Activities at the relevant time in order to be eligible to receive Flow. The Company has no obligation to issue Flow to you if you are unable to engage in any Activity for any reason, if you engage in an Activity without being logged into your Service user account or if the Company or its applicable third party service provider are unable for any reason to track your performance of an Activity.

8.2.Flow does not constitute personal property, has no cash value and may not be exchanged for cash. Flow may not be transferred to other Users under any circumstances, including your death or disability. You are solely responsible for determining and complying with any tax obligations associated with Flow and Rewards. If you fail at any time to earn Flow for a period of six (6) months, all accrued Flow may be forfeited.

8.3.The Company has the right to modify the terms and conditions under which Flow can be earned and/or redeemed for Rewards at any time even though such changes may affect what Rewards Users can receive in exchange for Flow or the ability to obtain certain Rewards. The Company may, among other things, (a) increase or decrease the amount of Flow received for engaging in an Activity or required for a Reward; (b) withdraw, limit, modify or cancel any Reward or the rules for earning, redeeming, retaining or forfeiting Flow or Rewards. The amount of Flow required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward may be imposed at any time. You may not rely upon the continued availability of any Reward or Reward category or tier.

8.4.If you attempt to redeem Flow for a Reward and the Company determines that the Reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, cancel the redemption or provide you with a substitute reward of equal or greater value. No credit, reversal, or refund of Flow will be issued for any reason after Flow has been redeemed; in other words, once you order a Reward, you may not cancel the order or return the Reward for a refund of Flow. Some rewards may have eligibility requirements and in that case the Company reserves the right to verify your identity (by requesting photocopy of your driver's license or state ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting Flow or fulfilling any Reward request.

8.5.Rewards may be emailed to your email address or mailed to the U.S. postal address, as applicable, that you provided when you registered and created your Service account, or to the email or U.S. postal address that our records show your Service account was last updated to reflect. Processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Service account information is incorrect or outdated) may be forfeited, and the Flow may not be refunded.

8.6.Rewards may consist of tangible or virtual gift cards, prepaid debit cards or other stored value instrument (collectively, Cards) which may be redeemed through one or more specified third parties. You acknowledge that the Company does not issue Cards nor exercise any control over the terms and conditions under which they may be redeemed or the third parties with which they may be redeemed, and you agree that the Company shall have no obligation or liability to you with respect to problem you may experience with respect to use of a Card. Any such problems should be addressed to the Card issuer.

8.7.The Company reserves the right at any time to terminate a User's account and/or cancel accrued Flow if the Company believes, in its sole discretion, that the User has breached any term of this Agreement, engaged in any misuse or abuse of the Service or has misrepresented any information furnished to the Company.

8.8.The Company has the right to terminate the ability to earn Flow and redeem Flow for Rewards at any time, provided that the Company shall use commercially reasonable efforts to provide at least fifteen (15) days prior written notice with respect to any such termination.

9.Monitoring Users and Materials. The Company does not control any materials posted by Users and does not have any obligation to monitor such materials for any purpose. You acknowledge that you are solely responsible for all material that you submit on the Service. If at any time the Company chooses, in its sole discretion, to monitor such materials, the Company nonetheless assumes no responsibility for the content thereof, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the User submitting any such materials. If you believe that any material posted by a User on the Service infringes your copyrights, you may follow the procedures specified in our DMCA Policy at http://volkno.com/dmca.

10.User Submissions.

10.1.The Service may permit the submission and posting of text and other content submitted by you and other users (User Submissions), and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, The Company does not guarantee any confidentiality with respect to any User Submissions.

10.2.You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize The Company to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by the Company and this Agreement, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Company and this Agreement.

10.3.For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Company, you hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Service and the Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Service and this Agreement. The aforementioned licenses will terminate when User or the Company removes User's Submission(s) from the Service.

10.4.In connection with User Submissions and any other transmission of messages or material facilitated by the Service, you further agree that you will not: (i) submit or transmit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant the Company all of the license rights granted herein; (ii) publish or transmit falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit or transmit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post or transmit advertisements or solicitations of business; or (v) impersonate another person. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Additionally, the Company may, at any time, remove any User Submission that in the sole judgment of the Company violates this Agreement.

10.5.The Company reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any User Submissions either generally or specifically.

11.Prohibited Uses.

11.1.As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Access to Company Materials and the Service from a jurisdiction where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy. You are not permitted to use the Service if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a "Specially Designated National"; or (iii) placed on the U.S. Department of Commerce's "Denied Persons List or Entity List" or any other U.S. export control list, or if the Company's provision of such use would otherwise be illegal under any applicable law, rule or regulation.

11.2.Any use by User of any of Company Materials other than for private, non-commercial use is strictly prohibited.

11.3.You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use of the Service. You may not intentionally interfere with or damage the operation of the Service or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service. You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

11.4.The Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

11.5.You may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without our express written consent.

12.Account Information. You agree that the information you provide to the Company upon purchase or member registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

13.Password. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password, you will immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your account.

14.User Communications. Under this Agreement, you consent to receive communications from the Company electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.User Service; Feedback. Please visit our Contact Us information page for further assistance.

16.Availability of Service. The Company may make changes to or discontinue any of the media, contests, web communities, products, or services available within the Service at any time, and without notice. The media, products, or services on the Service may be out of date, and the Company makes no commitment to update these materials on the Service.

17.Notice. Except as explicitly stated otherwise, legal notices shall be served on the Company's national registered agent or to the email address you provide to the Company during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.

18.Disagreements. You alone are responsible for your involvement with any other Users with whom you may interact in connection with the Service. The Company reserves the right, but has no obligation, to monitor disagreements between you and such third parties.

19.Violations; Termination. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, any account (or any part thereof) you may have with the Service or your use of the Service, and remove and discard all or any part of your account or any User Submission, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. Any of the foregoing may also constitute cancellation of any Points which you may have accrued at such time. You agree that any termination of this Agreement, your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third-party for any such termination. The Company does not permit copyright infringing activities on the Service, and reserves the right to terminate access to the Service, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.

20.Disclaimers; No Warranties. THE SERVICE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU ACCESS MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MEDIA, MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

21.Indemnification; Hold Harmless. You agree to indemnify and hold the Company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Service (including any Content), violation of this Agreement or violation of the rights of any other person or entity. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

22.Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE COMPANY MATERIALS ON THE SERVICE, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A THE COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY's OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS" TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY's LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

23.Arbitration.

23.1.Agreement to Arbitrate. This Section 23 is referred to herein as the Arbitration Agreement." The parties agree that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

23.2.Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

23.3.Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 22. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.

23.4.Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.

23.5.Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.

23.6.Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

23.7.Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

23.8.Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 23.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 23.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.

24.Miscellaneous.

24.1.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

24.2.Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to mandatory arbitration as set forth above in Section 23 shall be filed only in the state or federal courts in and for Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

24.3.Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

24.4.Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

24.5.Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

24.6.Survival. Sections 2, 3, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, 10.5 and 11 through 24 will survive any termination of this Agreement.

24.7.Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

24.8.Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by the Company as set forth in Section 3 above.

24.9. Disclosures. The services hereunder are offered by VolKno, Inc., located at 8033 Sunset Blvd. #359 West Hollywood, CA 90046, email: [privacy@volkno.com], telephone: [1-323-849-0313]. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

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