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These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. | potentially_unfair | 4,514 |
By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement). | potentially_unfair | 4,515 |
Although we will use reasonable skill and care in performing our Trip Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. | potentially_unfair | 4,535 |
Membership levels may vary and may be subject to change, at the sole discretion of Booking.com. | potentially_unfair | 4,564 |
Booking.com reserves the right to revoke and cancel the Genius membership of any individual in the event of abuse, such as violation of these terms & conditions, and/or use of invalid credit cards. | potentially_unfair | 4,565 |
Booking.com furthermore reserves the right to revoke and cancel the Genius membership of any individual who engages in inappropriate behavior, such as violence, threat, harassment, discrimination, obscenity or fraud in relation to Booking.com (or its employees and agents) and/or the accommodation (or its employees and agents). | potentially_unfair | 4,566 |
Booking.com may, at its discretion, (partially) alter, limit or modify the Genius programme structure or any other feature of the programme (including but not limited to the (status of the) subject Genius level(s)), for any reason, without prior notice. | potentially_unfair | 4,568 |
Without notice to you, Booking.com also reserves the right to “unregister" or otherwise disable an account that is inactive. | potentially_unfair | 4,570 |
Booking.com disclaims any liability or responsibility for any communication by or with the Trip Provider on or through its platform. | potentially_unfair | 4,633 |
We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number. | potentially_unfair | 4,637 |
We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. | potentially_unfair | 4,669 |
Booking.com and the Trip Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties. | clearly_unfair | 4,679 |
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events). | potentially_unfair | 4,682 |
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Trip Provider as made available on our Platform, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trip Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control. | clearly_unfair | 4,683 |
Booking.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Trip and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. | potentially_unfair | 4,684 |
You acknowledge and agree that the relevant Trip Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Trip Provider). | potentially_unfair | 4,685 |
Booking.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. | potentially_unfair | 4,688 |
Booking.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. | potentially_unfair | 4,690 |
Booking.com disclaims all responsibility and liability for the pictures posted. | potentially_unfair | 4,697 |
Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Booking.com at any time and without prior notice. | potentially_unfair | 4,699 |
These terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law. | potentially_unfair | 4,708 |
Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: "Mandatory Provisions"). | clearly_fair | 4,709 |
Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands. | clearly_unfair | 4,710 |
Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. | clearly_fair | 4,711 |
By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. | potentially_unfair | 4,739 |
We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. | potentially_unfair | 4,782 |
If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels. | potentially_unfair | 4,802 |
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. | potentially_unfair | 4,804 |
We reserve the right to suspend or terminate your access to the Services with notice to you if: (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or (c) you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months. | potentially_unfair | 4,816 |
If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services. | potentially_unfair | 4,818 |
We won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (c) we're prohibited from doing so by law. | potentially_unfair | 4,819 |
We may decide to discontinue the Services in response to unforeseen circumstances beyond Dropbox’s control or to comply with a legal requirement. | potentially_unfair | 4,821 |
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR DROPBOX’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. | clearly_fair | 4,831 |
IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. | potentially_unfair | 4,832 |
THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. | clearly_fair | 4,833 |
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR: i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ii. | potentially_unfair | 4,834 |
ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. | potentially_unfair | 4,835 |
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT DROPBOX OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. | potentially_unfair | 4,836 |
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. | potentially_unfair | 4,837 |
DROPBOX AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. | potentially_unfair | 4,838 |
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH DROPBOX. | potentially_unfair | 4,839 |
You and Dropbox agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. | clearly_unfair | 4,847 |
Both you and Dropbox consent to venue and personal jurisdiction in such courts. | clearly_unfair | 4,848 |
If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements. | clearly_fair | 4,849 |
You and Dropbox agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. | potentially_unfair | 4,852 |
If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim. | clearly_unfair | 4,868 |
These Terms will be governed by California law except for its conflicts of laws principles. | potentially_unfair | 4,874 |
However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. | clearly_fair | 4,875 |
We may revise these Terms from time to time to better reflect: (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to our Services. | potentially_unfair | 4,886 |
By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms. | potentially_unfair | 4,891 |
BY USING EA SERVICES, YOU AGREE TO THESE TERMS. | potentially_unfair | 4,898 |
FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH EA. | potentially_unfair | 4,900 |
Your EA Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement. | potentially_unfair | 4,928 |
From time to time, EA may update, change or modify an EA Service, Content or Entitlements, without notice to you. | potentially_unfair | 4,961 |
EA may need to update, or reset certain parameters to balance game play and usage of EA Services. | potentially_unfair | 4,963 |
These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control. | potentially_unfair | 4,964 |
EA may, in its sole discretion, remove, edit or disable UGC for any reason, including if EA reasonably determines that UGC violates this Agreement. | clearly_unfair | 4,969 |
EA does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. | potentially_unfair | 4,970 |
If you or someone using your EA Account violates these rules and fails to remedy this violation after a warning, EA may take action against you, including revoking access to certain or all EA Services, Content or Entitlements, or terminating your EA Account as described in Section 8. | potentially_unfair | 5,004 |
EA may, in its discretion, monitor or record online activity or Content on EA Services and may remove any Content from any EA Service at its discretion. | clearly_unfair | 5,010 |
Your use of EA Services is subject to EA's Privacy and Cookie Policy at privacy.ea.com, which is incorporated by reference into this Agreement. | potentially_unfair | 5,012 |
If you attempt to circumvent, disable or tamper with these technical protection measures, the EA PC Product may not function properly and this License shall terminate for your material breach. | potentially_unfair | 5,026 |
We also may terminate your License and your EA Account if we determine you have been cheating. | potentially_unfair | 5,044 |
This Agreement is effective until terminated by you or EA. | clearly_unfair | 5,052 |
EA may terminate your access and use of any EA Services or your EA Account if EA determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of EA Services associated with your EA Account. | potentially_unfair | 5,053 |
If you have more than one EA Account, depending on the type of violation or misuse, EA may terminate all of your EA Accounts and all related Entitlements. | potentially_unfair | 5,056 |
Instead of termination and prior to any termination, EA may issue you a warning, suspend or alter your access to a particular EA Service or your EA Account, remove or revoke Entitlements at an EA Account or device level, remove or delete any content which is in violation with this Agreement, or ban your device or machine from accessing specific EA Services. | potentially_unfair | 5,059 |
EA may terminate any EA Service at any time by giving at least thirty days' notice either via email (if available), within the affected EA Service, or on the service updates page of EA's website (https://www.ea.com/service-updates). | clearly_unfair | 5,061 |
IF YOU LIVE IN THE EEA OR SWITZERLAND, EA AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. | potentially_unfair | 5,099 |
IF YOU LIVE OUTSIDE THE EEA AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EA AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY EA'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. | potentially_unfair | 5,100 |
THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. | potentially_unfair | 5,101 |
THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR EA SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. | potentially_unfair | 5,102 |
IT ALSO APPLIES EVEN IF EA KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. | potentially_unfair | 5,103 |
YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE EA SERVICE. | potentially_unfair | 5,104 |
EA DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. | clearly_fair | 5,105 |
If you live in the EEA, Switzerland, Brazil, Hong Kong, Mexico or Russia, (i) this Agreement is between you and EA Swiss SÃ rl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) the laws of your country of residence govern this Agreement and your use of EA Services; and (iii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or EA Services shall be the courts of your country of residence. | clearly_fair | 5,116 |
If you live in the Republic of Korea, (i) this Agreement is between you and EA Swiss SÃ rl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) the laws of Korea, excluding its conflicts-of-law rules, govern this Agreement and your use of EA Services; and (iii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or EA Services shall be the courts of Korea. | clearly_fair | 5,117 |
If you live in the United States, Canada or Japan, (i) this Agreement is between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA; (ii) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of EA Services; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or EA Services shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts. | clearly_unfair | 5,118 |
If you in live in any other country, (i) this Agreement is between you and EA Swiss SÃ rl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of EA Services; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or EA Services shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts. | clearly_unfair | 5,119 |
EA may modify this Agreement from time to time, so please review it frequently. | potentially_unfair | 5,126 |
Your continued use of EA Services means you accept the changes. | potentially_unfair | 5,128 |
All disputes, claims or controversies arising out of or relating to this Agreement, any EA Service and its marketing, or the relationship between you and EA ("Disputes") shall be determined exclusively by binding arbitration. | potentially_unfair | 5,143 |
If you and EA cannot resolve a Dispute informally, you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration. | potentially_unfair | 5,153 |
Any election to arbitrate by one party shall be final and binding on the other. | potentially_unfair | 5,154 |
For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. | clearly_unfair | 5,169 |
The Terms include the provisions set forth in this document and in the Evernote Privacy Policy, Commercial Terms, Evernote Business Agreement, User Guidelines, IP Compliance Program and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). | potentially_unfair | 5,191 |
If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract. | potentially_unfair | 5,193 |
By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in Evernote (collectively, “Content”) and your personal information in accordance with such Privacy Policy. | potentially_unfair | 5,194 |
In exchange for being enabled to use the Service, you agree to abide by these Terms. | potentially_unfair | 5,197 |
These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. | potentially_unfair | 5,217 |
If we make a significant change, we’ll notify you and, where required, seek your consent. | potentially_unfair | 5,218 |
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. | potentially_unfair | 5,219 |
Evernote does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers. | potentially_unfair | 5,255 |
If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content. | potentially_unfair | 5,268 |
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or Evernote Software. | potentially_unfair | 5,278 |
We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. | potentially_unfair | 5,280 |
You also acknowledge that a variety of Evernote actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Evernote has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. | clearly_unfair | 5,282 |
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. | potentially_unfair | 5,283 |
Evernote may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. | clearly_unfair | 5,320 |
Reasons for Evernote suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in Evernote’s sole discretion), (iii) your nonpayment of any fees or other sums due Evernote or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use. | potentially_unfair | 5,321 |