Terms of Service

Please read these Lambo Terms of Service (the "Lambo Terms" or "Terms of Service") carefully. These Lambo Terms govern your access to and use of:

― our websites (the "Sites"),
― our mobile and tablet applications (the "Applications"), and
― any services that link to or reference these Lambo Terms (collectively, the "Lambo Platform")

By accessing or using the Lambo Platform, you agree to be bound by these Lambo Terms and enter into a legally binding contract with Lambo Communications LLC, reg number: 5586413, which has its registered address at 3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306 ("Lambo"). This agreement applies regardless of whether you register for an account on the Lambo Platform. Certain sections or features of the Lambo Platform may be subject to additional terms, policies, or conditions. If there is a conflict between these Lambo Terms and any specific terms governing a section of the Lambo Platform, the specific terms will prevail.

If you are using the Lambo Platform on behalf of a company or another legal entity (the "Company"), you represent and warrant that you have the authority to bind that Company, its affiliates, and its users to these Lambo Terms. In such cases, "you" or "your" will refer to both you as an individual and the Company. If you lack such authority or disagree with these Lambo Terms, you may not access or use the Lambo Platform.

These Lambo Terms form a binding agreement between Lambo and you (if acting as an individual) or Lambo and the Company (if acting on behalf of a Company). You acknowledge that this agreement is legally enforceable even though it is executed electronically and does not require physical signatures.

Privacy and Related Policies ("Lambo Policies")

By using the Lambo Platform, you confirm that you have read and understood our Privacy Policy. Note that Lambo may disclose information about you to third parties if we believe in good faith that such disclosure is necessary to:

1. Address suspected illegal activities,
2. Enforce or apply these Lambo Terms or other policies,
3. Comply with legal obligations such as subpoenas, court orders, or government inquiries, or
4. Protect the rights, property, or safety of Lambo, its users, or the public.

The following policies are also incorporated into these Lambo Terms by reference and govern your use of the Lambo Platform:

Streaming Policy,
Payment Policy.

Agreement to Terms

Do not access or use the Lambo Platform if you are unwilling or unable to be bound by these Lambo Terms.

1. Definitions

"Applications" means mobile, tablet, and smart device applications developed by Lambo, including the application named "Lambo" available on the App Store (iOS) and Google Play (Android), as well as application programming interfaces provided by Lambo.

"Lambo", "we", "us", or "our" means Lambo Communications LLC, reg number: 5586413, which has its registered address at 3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306, with respect to Members that access and use of the Lambo Service (as defined in Section 5 of the Lambo Terms).

"Lambo Content" means all proprietary content created by Lambo and made available on the Lambo Platform, including but not limited to text, graphics, videos, and audio files, as well as content licensed or authorized for use by or through Lambo. Lambo does not warrant the accuracy, legality, or suitability of third-party content, even if licensed for use on the Lambo Platform. This definition does not include Member Content.

"Lambo Product" means the digital ecosystem operated by Lambo, including the Applications, the Sites (such as www.lambo.com), and any associated services, tools, or functionalities provided through the Lambo Platform to enable streaming, facilitation of payment processing via third-party providers (e.g., Stripe), and interaction between Members.

"Member Content" means all content, such as text, photos, audio, video, or other materials and information, that a Member posts, uploads, publishes, submits, transmits, includes in their Member profile.

"Sites" means Lambo`s websites, including but not limited to www.lambo.me.

"Customer" means a registered user that purchases Stream Services.

"Online Streamer" means a registered user who offers and delivers Stream Services to Customers through the Lambo Platform. Online Streamers are solely responsible for ensuring that the content they provide complies with applicable laws, regulations, and the Lambo Terms.

"Members" means Customers and Online Streamers jointly.

"Stream Services" means all services delivered by Online Streamers via the Lambo Platform.

These services include live broadcasts to groups ("Streams") and real-time one-on-one interactions ("Calls"). Both Streams and Calls are subject to the same terms and conditions. Streams may be billed either at a fixed rate or on a per-minute basis, as determined by the Online Streamer, while Calls are always billed on a per-minute basis.

"Stream" means a live broadcast of video and/or audio content provided by an Online Streamer in real time to a group of Customers. Streams may be billed either at a fixed rate or on a per-minute basis, as determined by the Online Streamer.

"Call" means a real-time one-on-one interaction between an Online Streamer and a single Customer via the Lambo Platform. Calls are always billed on a per-minute basis.

2. Relationship

The Lambo Platform is an online venue for streaming and viewing the content provided as part of the streaming where Members may use our Connection Services and Transaction Management Services (as "Connection Services" and "Transaction Management Services" are defined in Section 5 of the Lambo Terms) to directly interact with one another. Lambo provides technical tools and infrastructure to enable interactions between Members but does not participate in or oversee these interactions. You understand and agree that Lambo is not a party to any agreements entered into between Customers and Online Streamers, nor is Lambo a streaming services broker or agent. Lambo disclaims all liability related to such conduct or services, including any claims arising from content, behavior, or transactions, to the maximum extent permitted by law.

If you choose to provide streaming services on the Lambo Platform, you understand and agree that your relationship with Lambo is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Lambo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Lambo. Online Streamers are solely responsible for the services they provide, including the legality, quality, and content of their Streams. Lambo does not endorse, monitor, or approve the content or quality of the services provided by Online Streamers. Lambo does not control, and has no right to control, your listing, your activities associated with your profile or listed services, or any other matters related to any services that you provide. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Lambo, including by using any Lambo intellectual property in an unauthorized or in appropriate manner. All Members are required to comply with applicable laws and the Lambo Terms when using the Lambo Platform.

3. Modification

Lambo reserves the right, at its sole discretion, to modify the Lambo Platform and to modify these Lambo Terms, at any time and without prior notice. If we modify these Lambo Terms, we will notify you by posting the updated Lambo Terms on the Sites and the Applications or, where appropriate, by providing you with notice through email or other communication channels associated with your account. We will also update the "Last Updated" date at the top of these Lambo Terms. By continuing to access or use the Lambo Platform after we have posted a modification on the Sites and the Applications or have provided you with notice of a modification, you acknowledge and agree to be bound by the updated Lambo Terms. If the modified Lambo Terms are not acceptable to you, your only recourse is to cease using the Lambo Platform.

It is your responsibility to regularly review the Lambo Terms to stay informed of any updates or changes. Lambo is not liable for your failure to review updates to these Lambo Terms.

4. Eligibility

The Lambo Platform is available only to, and may only be used by, individuals aged 18 or older who are capable of entering into legally binding contracts under applicable law.

WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH ONLINE STREAMER ON THE LAMBO PLATFORM PROVIDES APPROPRIATE STREAMING SERVICES, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE CHARACTER OR OTHER QUALITIES OF ONLINE STREAMERS AND THE ACCURACY OF THE INFORMATION ONLINE STREAMERS PROVIDE VIA THE LAMBO PLATFORM. WHEN INTERACTING WITH MEMBERS, EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH INDIVIDUALS YOU DON’T KNOW. NEITHER LAMBO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBERS OF THE LAMBO PLATFORM. LAMBO, ITS AFFILIATES, AND LICENSORS DISCLAIM ALL LIABILITY FOR ANY CLAIMS, INJURIES, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE LAMBO PLATFORM.

5. Description of Services

5.1 Lambo Services

Lambo`s services includes:

1. Connection Services. Lambo provides Members with access to and use of the Lambo Platform, which is an online venue where (a) Members can stream and view the content provided as part of the streaming (Stream); (b) Customers can conduct searches, connect with, choose, and engage Online Streamers directly for Stream Services; (c) Online Streamers can advertise their capabilities, respond to inquiries, connect with and engage Customers to provide them with their Stream Services (collectively, "Connection Services"). For the avoidance of doubt, in providing the Connection Services, Lambo solely provides the venue for Members, including Customers and Online Streamers, to connect and contract with each other. Lambo does not participate in or oversee direct interactions between Members. Lambo does not guarantee the accuracy or quality of the Stream Services provided through the Lambo Platform.
2. Transaction Management Services. For Customers and Online Streamers, Lambo provides tools and infrastructure to facilitate payments for Stream Services, including integration with third-party payment providers such as Stripe (collectively, "Transaction Management Services"). While payment processing is performed directly by third-party providers and subject to their terms and conditions, Lambo enables the initiation, monitoring, and management of transactions on the platform, including holding funds temporarily for security or compliance purposes. These services are governed by Lambo’s Payment Policy.

Lambo Services are not available to users in countries or regions subject to sanctions under applicable law.

5.2 Stream Services

Online Streamers may provide certain Stream Services through the Lambo Platform. Stream Services include:

― Streams. Live broadcasts of video and/or audio content to groups of Customers, which may be accompanied by interactive features such as commenting (planned for future releases).
― Calls. Real-time one-on-one interactions between Online Streamers and Customers, billed on a per-minute basis.

All Stream Services are subject to the same terms and conditions outlined in these Lambo Terms and Lambo’s Streaming Policy. If you are accepted to be an Online Streamer, you agree to comply with Lambo’s Streaming Policy.

Members acknowledge that Stream Services are provided exclusively by Online Streamers, who bear full responsibility for the legality, quality, and content of their Streams and Calls. Lambo does not provide Stream Services but facilitates the functionality and availability of the Lambo Platform. Stream Services are live-only and are not stored or archived on the Lambo Platform.

6. Lambo Account

6.1 Account Registration

In order to use many of the features that are offered through the Lambo Platform, you must create an account ("Lambo Account") and become a Member.

Your Lambo Account is for personal, non-commercial use only, unless you are an Online Streamer and you and your Lambo Account are subject to Streaming Policy. To create a Lambo Account, you must be eligible to use the Lambo Platform for which you are registering, be a resident of a country where use of the Lambo Platform is permitted (use of the Lambo Platform is prohibited in countries or regions subject to applicable sanctions under law), have a valid mobile phone number, have a valid email address and provide truthful and accurate information.

All personal data provided during registration will be processed in accordance with Lambo’s Privacy Policy. You may not impersonate someone else, provide mobile phone number or an email address other than your own or create multiple Lambo Accounts. You may choose to show a pseudonym to other Members, but please remember that others may still be able to identify you if, for example, you include identifying information during your use of the Lambo Platform, use the same Lambo Account information on other sites or allow other sites to share information about you with us. Please read our Privacy Policy for more information.

You may not have more than one (1) active Lambo Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Lambo reserves the right to suspend or terminate your Lambo Account and your access to the Lambo Platform if you create more than one (1) Lambo Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Lambo Terms.

In addition, to create a Lambo Account, Lambo may require you to select a username and password. You acknowledge that you shall be responsible for ensuring that any username you select does not infringe any third-party rights and is not otherwise unlawful. Lambo may refuse to grant you a username in Lambo’s sole discretion for any reason including if the proposed username impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by Lambo in Lambo’s sole discretion. Your selection and use of a specific username do not convey any ownership or rights in that username and Lambo reserves the right to revoke and/or reassign that username in Lambo’s sole discretion. You understand and agree that Lambo reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Lambo’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR LAMBO ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE LAMBO PLATFORM, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. THIS INCLUDES PROMPTLY CHANGING YOUR PASSWORD IF YOU SUSPECT UNAUTHORIZED ACCESS. YOUR LAMBO ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR LAMBO ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE LAMBO TERMS.

You agree to notify Lambo immediately of any unauthorized use of your Lambo Account. We reserve the right to close your Lambo Account at any time if you violate these Lambo Terms or if we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation. Lambo is not responsible for any loss of access to content, data, or services resulting from the closure of your account.

6.2 Third-Party Account and Linking

You may link your Lambo Account with third-party authentication providers, including Google ID and Apple ID (each such account is the "Third-Party Account"), to simplify access to the Lambo Platform. Your use of a Third-Party Account is subject to the privacy practices and terms of the applicable third-party service provider, as well as Lambo’s Privacy Policy.

Initial registration on the Lambo Platform requires a valid phone number and the creation of a password. After registration, you can link your Lambo Account to a Third-Party Account via the settings in your profile. Once linked, you may use your Third-Party Account credentials for logging into the Lambo Platform instead of your password. If all Third-Party Accounts are unlinked, access to the Lambo Platform will default back to your phone number, with verification via SMS.

By linking a Third-Party Account, you represent that you are authorized to provide the necessary credentials and that the connection does not violate any applicable terms or conditions associated with the Third-Party Account. It is your responsibility to ensure that all linked Third-Party Accounts remain active and accessible to maintain uninterrupted functionality on the Lambo Platform. Lambo does not store your Third-Party Account credentials but facilitates authentication through these providers.

If access through a Third-Party Account is lost or becomes unavailable, Lambo cannot guarantee recovery of your account or associated data. In such cases, you may need to reset your account credentials or contact Lambo support for assistance. Recovery will be at Lambo's discretion and subject to the availability of account-related information. Your relationship with third-party authentication providers is governed solely by their terms and privacy policies, and Lambo is not responsible for the accuracy, legality, or availability of services provided by these third parties.

7. Ownership and Intellectual property rights

All content made available through Lambo Platform is either owned by Lambo or Lambo’s licensors, or is licensed to Lambo and Lambo’s licensors pursuant to Section 9 (Member Content). As between you and Lambo, you own your Member Content. However, by posting Member Content on the Lambo Platform, you grant Lambo a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your Member Content as necessary to operate and promote the Lambo Platform in accordance with these Lambo Terms. This license may also extend to additional functionalities of the Lambo Platform, such as enabling the recording, storage, or resale of Member Content, subject to your explicit consent and additional terms that may apply. You are solely responsible for ensuring that your Member Content complies with all applicable laws, does not infringe on third-party rights, and adheres to the rules and guidelines outlined in these Lambo Terms. Any violation may result in the suspension or termination of your account and removal of the infringing content. We own the Lambo Content, including but not limited to visual interfaces, interactive features, graphics, design, our compilation of Member Content, computer code, products, software, aggregate Member review ratings, and all other elements and components of the Lambo Platform excluding Member Content. As between you and Lambo, we also own the copyrights, trademarks, service marks, trade name, and other intellectual property rights throughout the world associated with the Lambo Content and the Lambo Platform, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Lambo Platform and the Lambo Content are retained by Lambo.

Any use of the Lambo Platform other than that permitted under these Lambo Terms, without prior written authorisation, is expressly prohibited and shall result in the withdrawal of any licences granted according to these Lambo Terms. This unauthorised use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws and other legislation on the communication or protection of personal data. In such cases, Lambo reserves the right to pursue legal remedies, including seeking damages or injunctive relief. We reserve the right to suspend the accounts and access of Members who we believe have breached applicable laws or regulations. Lambo is not liable for any unauthorized use of third-party intellectual property by Members, and such Members bear sole responsibility for ensuring that their Member Content does not infringe on the rights of others. Without prejudice to the express provisions of these Lambo Terms or the conditions for the provision of the access to the Lambo Platform, under no circumstances should it be understood that licences for intellectual property rights have been implicitly or conclusively granted. All licences may be withdrawn at any time for violations of these Lambo Terms or applicable laws, or at Lambo’s sole discretion.

8. License Grant

Subject to and conditioned on compliance with these Lambo Terms, Lambo hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, terminatable license to access and use the Lambo Platform. Except as expressly set forth in these Lambo Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Lambo Content, other Members’ Member Content and the Lambo Platform without Lambo’s or our licensors’ express prior written permission.

The licenses granted to you are conditioned upon your proper conduct and compliance with these Lambo Terms at all times, as judged by Lambo in Lambo’s sole discretion. This includes, but is not limited to, violations related to unauthorized use of content, failure to adhere to applicable laws, or any activity that compromises the integrity or security of the Lambo Platform. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Lambo Platform. In such cases, Lambo is not responsible for any loss of access to data, content, or features associated with your account.

9. Member Content

By making available any Member Content on or through the Lambo Platform, you hereby grant to Lambo a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of, or to promote or market the Lambo Platform. This license also extends to additional functionalities of the Lambo Platform, such as enabling the recording, resale, or distribution of Member Content, subject to your explicit consent and additional terms that may apply. This license will remain in effect unless and until the Member Content is removed from the Lambo Platform, except where such removal conflicts with Lambo's legal or contractual obligations. Lambo does not claim any ownership rights in any Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Lambo Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Lambo Platform or through Lambo promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Lambo the rights in such Member Content, as contemplated under these Lambo Terms; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of your Member Content or Lambo’s use of your Member Content (or any portion thereof) on, through or by means of the Lambo Platform or Lambo promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Lambo respects copyright law and expects its Members to do the same. If you believe that any content on the Lambo Platform infringes copyrights you own, please notify us as described below using the following email legal@lambo.me.

Lambo has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a summary of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Lambo will respond expeditiously to claims of copyright infringement committed using the Lambo Platform if such claims are reported to Lambo`s Designated Copyright Agent identified in the notice below.

If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Lambo Platforms by completing the DMCA Notice of Alleged Infringement and delivering the Notice to Lambo.

Upon receipt of a DMCA Notice of Alleged Infringement, Lambo will take whatever action, in Lambo`s sole discretion, that Lambo deems appropriate, which may include the removal of, or disabling of access to, the challenged material from the Lambo Platform.

In the event Lambo, after receiving a proper DMCA Notice of Alleged Infringement, takes steps to remove or disable access to the challenged material, Lambo will take reasonable steps to promptly notify the party who originally posted such challenged material to the Lambo Platform that Lambo has removed or disabled access to such challenged material. The original poster of the material may submit a counter-notice if they believe the removal was made in error. Upon receipt of a valid counter-notice, Lambo may restore the material in accordance with applicable law. Please note that pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that Lambo enforces a policy of terminating the Lambo Accounts of, or banning, repeat infringers. A repeat infringer includes any user who has made two or more postings that Lambo has removed or disabled access to pursuant to notices of infringement under these DMCA notice and takedown procedures.

10. Restrictions

We are under no obligation to enforce the Lambo Terms on your behalf against another Member. While we encourage you to let us know if you believe another Member has violated the Lambo Terms, we reserve the right to investigate and take appropriate action at our sole discretion. For all interactions on the Lambo Platform, including Streams and Calls, Members are strictly prohibited from recording, sharing, taking screenshots, or otherwise capturing content from these interactions, regardless of the consent of participants. Violations of this restriction may result in the immediate suspension or termination of the offending Member’s account.

Announcements or promotional materials about a Stream or Call may only include general information, such as the title, date, and time of the interaction. All other interactions, discussions, and content must occur exclusively during the Stream or Call and are not to be replicated, recorded, or distributed in any form outside the Lambo Platform. This restriction does not apply to features or functionalities explicitly provided by Lambo in the future, such as the ability to sell or distribute Member Content, which will be subject to separate terms and conditions.

Lambo is not responsible for Members Content, in accordance with Section 230 of the Communications Decency Act (CDA) and other applicable laws governing online platforms.

10.1 Improper Use

You agree not to, and will not assist, encourage, or enable others to use the Lambo Platform to:

1. Violate any third party's rights, including any breach of confidentiality, or any infringement of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
2. Upload any content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
3. Solicit personal information from minors, or submit or transmit pornography;
4. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
5. Promote a business or other commercial venture or event, or otherwise use the Lambo Platform for commercial purposes, except as expressly permitted by Lambo or contemplated by these Lambo Terms;
6. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Lambo Platform’s search results or the search results of any third-party website; or
7. Violate any applicable law.

10.2 Additional Restrictions

You also agree not to, and will not assist, encourage, or enable others to:

1. Violate these Lambo Terms;
2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Lambo Platform, any Lambo Content or other Members’ Member Content, except as expressly authorized by us;
3. Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Lambo Platform, any Lambo Content or other Members’ Member Content;
4. Reverse engineer any portion of the Lambo Platform;
5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Lambo Platform or on any materials printed or copied from the Lambo Platform
6. Record, process or mine information about other Members;
7. Access the Lambo Platform by means other than through the public interfaces we provide to you;
8. Reformat or frame any portion of the Lambo Platform;
9. Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Lambo Platform, as determined by Lambo in Lambo’s sole discretion;
10. Attempt to gain unauthorized access to the Lambo Platform, Lambo Accounts, computer systems or networks connected to the Lambo Platform through hacking, password mining or any other means;
11. Use the Lambo Platform, any Lambo Content or other Members’ Member Content to transmit any computer viruses, worms, defects, Trojan horses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of the Lambo Platform;
12. Use any device, software or routine that interferes with the proper working of the Lambo Platform or otherwise attempt to interfere with the proper working of the Lambo Platform;
13. Use the Lambo Platform to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Lambo Platform, any Lambo Content or other Members’ Member Content;
14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Lambo Platform, features that prevent or restrict the use or copying of any Lambo Content, or other Members’ Member Content or features that enforce limitations on the use of the Lambo Platform;
15. Authorize any third party to use Lambo Platforms, including but not limited to Stream Services, through your Lambo Account, or schedule any Stream Services on behalf of any individuals;
16. Schedule and/or provide for any Stream Services outside of the Lambo Platform;
17. Make, accept, or receive any payment in connection with the Stream Services outside of the Lambo Platform; or
18. Solicit and/or recruit Lambo Members to work or study on other software streaming platforms. This includes promoting other platforms during Streams or using Member information obtained through Lambo to engage with competing services.
19. Copy or record the Members’ Content, including Streams.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to these restrictions (even if permissible under applicable law). Moreover, Lambo reserves the right to determine what conduct Lambo considers to be in violation of these Lambo Terms or otherwise outside the intent or spirit of the Lambo Platform. Lambo reserves the right to take action as a result of any such violation, which may include terminating your Lambo Account and prohibiting you from using the Lambo Platform in whole or in part. Lambo may also report such violations to relevant authorities where required by law.

10.3 Community Rules

In addition to the restrictions outlined in sections 10.1 and 10.2, Members are expected to adhere to these Community Rules to maintain a safe and respectful environment.

Lambo does not tolerate any of the behaviors described below:

1. Spam: Do not send the same message to multiple Members or repeatedly post the same message in the post, exercise, question or other sections of the Lambo Platform.
2. Commercial Advertisements: Do not contact other Members for commercial purposes without their consent. Additionally, do not create posts, comments, or content that are solely for self-promotion or unrelated advertising, as this detracts from the purpose and integrity of the Lambo community.
3. Search for a Romantic Relationship: Do not contact other Lambo Members for dating, or to find sexual partners. This is improper conduct, and might be treated as harassment.
4. Harassment, Bullying, or Stalking: Lambo does not tolerate harassment, bullying or stalking. Lambo may, at its sole discretion, take action on the reports of harassment, bullying and stalking. Repeatedly messaging another user with unwanted friend requests or messages is harassment.
5. Impersonation: Do not claim to be another person, or seek to mislead others as to your identity by copying another Member’s avatar, using a user name that is misleadingly similar to another Member or otherwise posing as another Member. Do not create a false presence for an organization.
6. Personal Information of Others: Do not post on the Lambo Platform other people’s personal information, such as phone number, private email address, physical address, credit card number, passwords and/or any other similar personal identifiable information.
7. Threat of Violence: Do not threaten violence towards other people, or use the Lambo Platform to organize, promote, or incite acts of real-world violence or terrorism.
8. Hate Speech and Offensive Language: Do not post any content, send any messages or otherwise take any actions on the Lambo Platform that attacks others based on their body size, personal appearance, level of experience, race, ethnicity, nationality, religion, gender, sexual orientation, disability or medical condition, or any other characteristic protected under applicable anti-discrimination laws.
9. Sexually Obscene Content: Do not post any pornographic content, any sexually explicit content or any content that display nudity.
10. Pirated Content: Do not post any content infringes any third party’s intellectual property rights.
11. Self-Harm: Do not post any content that promotes or encourages self-harm such as self-mutilation, eating disorders, drug abuse or suicide.
12. Defamation: Do not post any content on the Lambo Platform that is intended to, or would reasonably be expected to, harm Lambo or our brand, including the images and reputations of our employees, agents, and officers.
13. Political or Religious Discussions: Do not initiate or participate in discussions or post images that relate to political or religious events or groups. Politics and religion are sensitive topics that often lead to polarizing and hateful comments. It is our position to not have these types of discussions on a site that is meant for language learning.

Violations of these Community Rules may result in the suspension or termination of your account, and repeated violations will lead to a permanent ban from the Lambo Platform.

10.4 Reporting Violations

We rely on Members to let us know when violations of this Restrictions.

If you believe that a violation of this Restrictions, please report the violation to us via our email at legal@lambo.me or our contact form. If you see a post or comment that violates the Community Rules or other Restrictions, please use the "Report" button to let us know.

Actions we may take in response to a violation of the Community Rules or other Restrictions include but are not limited to:

― Remove the violating content;
― Suspend the Lambo Account of the Member that committed the violation; and/or
― Terminate the Lambo Account of the Member that committed the violation.

The decision to take action, as well as the specific measures, is at the sole discretion of Lambo and will depend on the severity and nature of the violation.

11. Links

The Lambo Platform may contain links to third-party websites or resources. You acknowledge and agree that Lambo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lambo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

12. Enforcement of Lambo Terms of Service

We may suspend or cancel your Lambo Account if we believe that you have violated or acted in a manner that is inconsistent with the letter or the spirit of these Lambo Terms, or violated our rights or those of a third party in connection with your use of the Lambo Platform. Without limiting Lambo's other remedies, we will suspend, cancel or terminate your Lambo Account, suspend your ability to use certain portions of the Lambo Platform, and/or ban you altogether from the Lambo Platform, without notice or liability of any kind, if:

a. you breach any terms and conditions of these Lambo Terms or any other written policies and procedures posted on the Lambo Platform, including but not limited to Lambo Policies;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause legal liability for you, our Members, or for Lambo.

As part of enforcement measures, Online Streamers may temporarily lose the ability to withdraw earnings from the Lambo Platform for Streams or Calls, pending resolution of violations or disputes. Any withheld amounts will be retained in accordance with applicable law and Lambo’s Payment Policy.

Once suspended or terminated, you may not continue to use the Lambo Platform under a different Lambo Account or re-register under a new Lambo Account. In addition, violations of these Lambo Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If you engage in actions or activities which circumvent the Lambo Platform or otherwise reduce service fees owed or paid to Lambo under these Lambo Terms, you will be liable to Lambo for the full amount of the service fees due and may be subject to additional sanctions, including but not limited to, suspension or termination of your Lambo Account.

Lambo reserves the right to terminate any Member or project for any reason, at its sole discretion, and to refuse to provide registration and membership to you in the future. If your membership is canceled, you may no longer have access to data, messages, files, and other material you store on the Lambo Platform.

13. Disclaimers

THE LAMBO PLATFORM PROVIDED BY LAMBO AND THE SERVICES PROVIDED BY LAMBO, ANY OF OUR LICENSORS OR ONLINE STREAMERS ARE PROVIDED ON AN "AS IS," AND AS AVAILABLE BASIS, WITHOUT WARRANTY, AND "WITH ALL FAULTS", WITH THE EXPRESS UNDERSTANDING THAT LAMBO MIGHT NOT MONITOR, CONTROL OR VET MEMBER CONTENT OR ANY CONTENT FROM THIRD PARTY. LAMBO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. YOUR USE OF THE LAMBO PLATFORM IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE LAMBO PLATFORM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, NOTWITHSTANDING ANY FEATURE A CUSTOMER MAY USE TO SELECT AN ONLINE STREAMER, EACH CUSTOMER IS RESPONSIBLE FOR SELECTING THEIR ONLINE STREAMER AND NEGOTIATING A CONTRACT AND LAMBO DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES PURCHASED BY A CUSTOMER ON THE LAMBO PLATFORM AND DOES NOT RECOMMEND ANY PARTICULAR ONLINE STREAMER. LAMBO DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY ONLINE STREAMER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

THE QUALITY OF THE LAMBO PRODUCT MAY BE INFLUENCED BY A SERIES OF FACTORS SUCH AS GEOGRAPHICAL LOCATION, AVAILABLE BANDWIDTH, OR INTERNET CONNECTION SPEED. ALL COSTS OF ACCESSING THE INTERNET WILL BE PAYABLE BY THE MEMBERS. MEMBERS ARE ASKED TO CHECK WITH THEIR INTERNET SERVICE PROVIDER, REGARDING THE AMOUNT DEBITED FOR THE CONSUMPTION OF DATA. THE TIME REQUIRED TO START VIEWING THE PLATFORM MAY VARY DEPENDING ON A SERIES OF FACTORS, INCLUDING GEOGRAPHICAL LOCATION, AVAILABLE BANDWIDTH AND THE SELECTED CONTENT. LAMBO IS NOT RESPONSIBLE FOR INTERNET SERVICE PROVIDERS AND SERIES OF FACTORS DESCRIBED ABOVE.

BY USING THE CONNECTION SERVICES OR STREAM SERVICES, THE CUSTOMER CONFIRMS THAT THEIR DEVICES, SOFTWARE, WEB BROWSER (IF APPLICABLE), AND INTERNET CONNECTION ARE UP TO DATE AND COMPATIBLE WITH THE REQUIREMENTS NECESSARY TO ACCESS THE SERVICES IN AN ACCEPTABLE QUALITY. THIS INCLUDES USING THE LATEST VERSIONS OF OPERATING SYSTEMS (iOS, ANDROID, OR DESKTOP) AND SUPPORTED DEVICES OR BROWSERS.

LAMBO AND ONLINE STREAMERS ARE NOT RESPONSIBLE FOR THE STABILITY AND SPEED OF THE CUSTOMER'S INTERNET CONNECTION OR OTHER TECHNICAL SHORTCOMINGS WHEN RECEIVING CONNECTION SERVICES. THE CUSTOMER SHOULD ALWAYS MAKE SURE THAT THE INTERNET CONNECTION HAS SUFFICIENT STABILITY AND SPEED TO ACCESS THE CONNECTION SERVICES OR STREAM SERVICES. IN THE EVENT OF ANY TECHNICAL PROBLEMS OR IF THE INTERNET CONNECTION DOES NOT ALLOW PROPER ACCESS TO THE CONNECTION SERVICES OR STREAM SERVICES (IN PARTICULAR, IF THE IMAGE OF THE STREAM FREEZES, DISPLAYS SLOWLY, THE SOUND IS NOT WORKING PROPERLY, ETC.), THE CUSTOMER MUST STOP ACCESSING THE CONNECTION SERVICES OR STREAM SERVICES IMMEDIATELY, OTHERWISE THE FEE WILL BE CHARGED FOR THE ENTIRE TIME OF ACCESS TO THE STREAM SERVICES, REGARDLESS OF THE QUALITY OF ITS DISPLAY AND THE SERVICES PROVIDED BY THE ONLINE STREAMER WILL BE CONSIDERED PROPERLY RENDERED AND THE FEE WILL NOT BE REFUNDED.

THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE COMPATIBILITY OF THEIR DEVICE WITH THE LAMBO PRODUCT AND THE ABILITY OF THEIR DEVICE TO VIEW AND / OR, IN PERMITTED CASES, TEMPORARILY DOWNLOAD STREAM SERVICES. IF THE CUSTOMER'S DEVICE DOES NOT SUPPORT THE CONNECTION SERVICES, THE LAMBO AND ONLINE STREAMER DO NOT BEAR ANY OBLIGATIONS TO REIMBURSE THE CUSTOMER ANY EXPENSES OR CHARGED FEES. LAMBO AND ONLINE STREAMER ARE NOT RESPONSIBLE FOR THE INABILITY OF THE CUSTOMER TO RECEIVE THE CONNECTION SERVICES OR STREAM SERVICES, AS WELL AS THE POOR QUALITY OF TRANSMISSION DUE TO THE SPECIFICS OF THE CUSTOMER'S DEVICES AND THE QUALITY OF ITS COMMUNICATION. LAMBO IS ALSO NOT LIABLE FOR INTERRUPTIONS CAUSED BY FORCE MAJEURE EVENTS, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, GOVERNMENTAL ACTIONS, OR LARGE-SCALE NETWORK FAILURES. ALL ISSUES RELATED TO SETTING UP INTERNET ACCESS, SETTING UP THE CUSTOMER'S DEVICES AND SOFTWARE ARE SUBJECT TO INDEPENDENT SETTLEMENT BY THE CUSTOMER.

14. Limitation of Liability

IN NO EVENT SHALL LAMBO, OUR LICENSORS OR THE ONLINE STREAMERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THESE LAMBO TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE LAMBO TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE LAMBO PLATFORM PROVIDED UNDER THESE LAMBO TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 (USD) OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND IS INTENDED TO COVER ALL CLAIMS, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATED TO PERFORMANCE, NON-PERFORMANCE, OR THE INABILITY TO USE THE LAMBO PLATFORM.

15. Indemnification

You agree to indemnify, defend and hold Lambo harmless, including against all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Lambo Platform, (ii) your decision to submit postings and accept offers from other Member, (iii) any breach of contract or other claims made by Members with which you conducted business through the Lambo Platform, (iv) your violation of these Lambo Terms, (v) any products or services purchased or obtained by you in connection with the Lambo Platform, (vi) any liability arising from the tax treatment of payments to Online Streamers, (vii) any negligent or intentional wrongdoing committed by you on or through the Lambo Platform, (viii) any infringement by you, or any third party using your Lambo Account, of any intellectual property or other right of any person or entity, (ix) your failure to pay or dispute of any fees owed to any Online Streamer or any other amounts owed to other Members; and/or (x) your failure to satisfy your obligations as an Online Streamer or to an Online Streamer. Lambo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lambo and you agree to cooperate with Lambo’s defense of these claims. You agree not to settle any such matter without the prior written consent of Lambo. Lambo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.

16. Suspension, Termination or Cancellation

16.1 Termination By You

You may terminate these Lambo Terms at any time by closing your Lambo Account, discontinuing your use of the Lambo Platform and deleting the Applications from your device. You have the right to cancel your Lambo Account at any time.

Before closing your account, please ensure you have downloaded or backed up any data you wish to retain, as Lambo is not responsible for storing or providing access to your data after account termination.

16.2 Termination by Lambo

We may suspend, cancel, or terminate your Lambo Account, suspend your ability to use certain portions of the Lambo Platform, or freeze funds on your account balance if we receive a complaint or identify a potential violation of these Lambo Terms. Funds on your account balance may be temporarily held for up to 30 days while we investigate the matter. During this period, we will notify you of the complaint and the investigation process. If the investigation confirms a violation of these Lambo Terms, funds related to the complaint may be refunded to the affected Customers.

Without limiting Lambo's other remedies, we will suspend, cancel, or terminate your Lambo Account, suspend your ability to use certain portions of the Lambo Platform, and/or ban you altogether from the Lambo Platform without notice or liability of any kind if:

a. you breach any terms and conditions of these Lambo Terms, including Section 10 (Restrictions), or any other written policies and procedures posted on the Lambo Platform, including but not limited to Lambo Policies;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause legal liability for you, our Members, or for Lambo.

If your account remains inactive for more than twelve (12) months, we reserve the right to cancel your account. In such cases, we will notify you and provide a 30-day period to reactivate your account before the cancellation takes effect.

If your account is terminated or suspended, you will lose access to the Lambo Platform and all related benefits and privileges. You will not be entitled to any compensation for losses resulting from the termination or suspension of your account.

We reserve the right to discontinue any part of the Lambo Platform at any time, whether temporarily or permanently, without any obligation to provide compensation, refunds, or other benefits to you. Your license to the Lambo Platform automatically ends when access to the platform is terminated.

16.3 Survival

In the event of any termination of these Lambo Terms, whether by you or Lambo, the following Sections will continue in full force and effect: Section 7 (Ownership and Intellectual property rights), Section 9 (Member Content), including but not limited to Lambo’s right to use your Member Content, Section 10 (Restrictions), Section 11 (Links), Section 12 (Enforcement of Lambo Terms of Service), Section 13 (Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Suspension, Termination or Cancellation), Section 17 (Entire Agreement), Section 18 (Assignment), Section 19 (Notices), Section 20 (Governing Law and Jurisdiction), Section 21 (Dispute Resolution), Section 22 (Feedback) and Section 23 (General).

17. Entire Agreement

Except as they may be supplemented by additional Lambo Policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Lambo Terms together with the Lambo Policies constitute the entire and exclusive understanding and agreement between Lambo and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Lambo and you in relation to your access to and use of the Lambo Platform. In the event of a conflict between these Lambo Terms and any additional terms or policies, the additional terms specific to the product, feature, or service shall prevail unless otherwise stated.

18. Assignment

You may not assign or transfer these Lambo Terms, or any rights or obligations hereunder, by operation of law or otherwise, without Lambo's prior written consent. Any attempt by you to assign or transfer these Lambo Terms without such consent will be null and of no effect. Lambo may assign or transfer these Lambo Terms, and any rights or obligations hereunder, at its sole discretion, without restriction. Subject to the foregoing, these Lambo Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

19. Notices

Unless you otherwise indicate in writing to customer service in accordance with Section 24 (Contacting Customer Service), Lambo will communicate with you by email or by posting communications on the Lambo Platform. Lambo may also use SMS or push notifications for urgent communications, where applicable and consented to by you. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Lambo sends the communication to the email address you have provided to Lambo on the Lambo Platform, or when Lambo posts such communication on the Lambo Platform. You must keep your email address updated on the Lambo Platform, and you must regularly check the Lambo Platform for postings. If you fail to respond to an email message from Lambo regarding violation, dispute or complaint within two business days, Lambo will have the right to terminate or suspend your Lambo Account.

All notices to Lambo intended to have a legal effect concerning these Lambo Terms must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:

― For Members that access and use of the Lambo Product: Lambo Communications LLC
― 3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306

Such notices to Lambo are deemed effective upon receipt.

20. Governing Law

Any claims arising out of the Lambo Platform or these Lambo Terms will be subject to the laws of the laws of the State of California, United States of America, without reference to conflict of laws principles. This choice of law does not affect any mandatory consumer protections that may be available to you under the laws of your place of residence.

21. Dispute Resolution; Binding Arbitration and Class Action Waiver

READ THIS SECTION 21 CAREFULLY. THIS SECTION 21 MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

21.1 Informal Dispute Resolution

Our customer service department is available as noted in Section 24 (Contacting Customer Service) to address any concerns, disputes, claims or controversies you may have regarding the Lambo Platform, these Lambo Terms or the relationship between you and Lambo (collectively, "Disputes"). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

21.2 Dispute Resolution for Residents outside of the United States

In the event that the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 21.1 (Informal Dispute Resolution), except as otherwise specified in Section 21.3 (Dispute Resolution for Residents in the United States) below, you and Lambo expressly agree that any claim or action arising out of or relating to the Lambo Platform or these Lambo Terms shall be submitted by any party to be finally resolved by written notice to the other party. The arbitration shall be conducted in London under the auspices of the International Chamber of Commerce (ICC). The number of arbitrators shall be one (1), unless otherwise subsequently agreed in writing by the parties. The arbitration proceedings shall be conducted in English.

The arbitration tribunal shall apply the arbitration rules of the International Chamber of Commerce (ICC) in effect at the time of the arbitration. The applicable law governing the arbitration and these Lambo Terms shall be the laws of the State of California, United States, regardless of your country of residence. This section shall not apply to disputes arising out of consumer protection laws or other statutory rights that cannot be waived or altered under applicable law.

21.3 Dispute Resolution for Residents in the United States

If you are domiciled in and/or use the Lambo Platform in the United States, this Section 21.3 applies to you.

1. Agreement to Arbitrate. If the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 21.1 (Informal Dispute Resolution), then either party may initiate binding arbitration as the sole means to formally resolve claims (the "Agreement to Arbitrate"), subject to the terms set forth below. Specifically, all Disputes shall be finally settled by binding arbitration administered by the American Arbitration Association (the "AAA"). The arbitration proceedings shall be governed by AAA’s Commercial Arbitration Rules (the "AAA Rules") and, where appropriate, AAA’s Supplementary Procedures for Resolution of Consumer-Related Disputes (the "AAA Consumer Rules"). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability and formation of these Lambo Terms notwithstanding any other choice of law provision contained in these Lambo Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Lambo Terms, including without limitation any claim that all or any party of these Lambo Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitration may be conducted in person, 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. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The AAA Rules and the AAA Consumer Rules are both available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.
2. Location. The arbitration will take place at any reasonable location within the United States convenient for you.
3. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LAMBO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR LAMBO’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
4. Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Lambo Platform under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
5. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Section 21.3(i) (Agreement to Arbitrate), Section 21.3(ii) (Location) and Section 21.3(iii) (Class Action Waiver) above by sending written notice of your decision to opt-out pursuant to Section 19 (Notice). The notice must be sent within 30 days of your first access or use of the Lambo Platform; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Lambo also will not be bound by such provisions.

22. Feedback

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against Lambo and other Members any claims and assertions of any moral rights that you may have with respect to such Feedback.

23. General

The failure of Lambo to enforce any right or provision of these Lambo Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lambo. Except as expressly set forth in these Lambo Terms, the exercise by either party of any of its remedies under these Lambo Terms will be without prejudice to its other remedies under these Lambo Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Lambo Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Lambo Terms will remain in full force and effect.

24. Contacting Customer Service

If you have any questions or need assistance, please contact Lambo customer service as follows:

― Our contact form;
― Email: support@lambo.me