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General Terms and Conditions in USA

Last Modified: February, 10th 2020

Subject

These terms of use govern the relationship between Howtank ("Howtank", "we" or "us"), publisher of the Howtank website, and each user of the Service as defined below (“Member” or “you”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use") govern your access to and use of the Service, including any content, functionality, and services offered on or through the Service.


Please read the Terms of Use carefully before you agree to them and start using the Service because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action. By accessing and/or using www.howtank.com or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, together with our Guidelines, and our Privacy Policy, which documents are incorporated herein by reference and deemed part of the Terms of Use. If you do not want to agree to these Terms of Use, our Guidelines, or the Privacy Policy, you must not register for, access or use the Service.


This Service is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By registering on and using this Service, you represent and warrant that you are of legal age to form a binding contract with Howtank and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not register for, access or use the Service.


Definitions

Howtank is the company that publishes www.howtank.com. The company designs and manages transactional and interpersonal solutions using new technology. It also acts as a transaction operator on behalf of third parties, providing promotional and customer-retention services, advice, studies, design and project development.


As part of its work, Howtank has developed a community chat service that enables Howtank Members to reply to visitors of Partners Sites (as defined below).


The term “Service” means the service offered by Howtank, on www.howtank.com or through apps and widgets offered by Howtank to put Internet Users (as defined below) in contact via Chat (as defined below), as well as all products and services directly or indirectly related to this Service. Internet Users put in contact with a Member via the Service provided to a Partner Site (as defined below) are not website Members.


The term “Member” means any person who effectively uses all or part of the Service and who, consequently, is contractually bound to Howtank. Members connect to the Service first by registering to create a user name and password and then by signing into the Service using the Member’s own user name and password.


A “Partner” is any entity that has contracted with Howtank to have the Service integrated in the Partner’s website or platform, each referred to as a “Partner Site”.


“Internet Users” are people who visit Howtank's Partner Sites and communicate with Members via the Service.


Changes to the Terms of Use

Howtank reserves the right to revise and amend the Terms of Use at any time in its sole discretion and without prior notice. Any changes or modifications to these Terms of Use will be effective immediately upon posting of the revisions. We will also update the Last Modified Date at the top of these Terms of Use accordingly. However, any changes to the dispute resolution provisions set forth in the Governing Law, Arbitration will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Service. Continued use of the Service by a Member following posting of any changes or modifications constitutes Member's acceptance of such changes or modifications. For this reason, Member should frequently review these terms and conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to use of the Service. If the modified Terms of Use are not acceptable to you, you should not accept or use the Service after the Last Modified Date.


By registering for the Service, you expressly accept that all or part of the messages you send may be posted online on other websites, including but not limited to Howtank's Partner Sites, Howtank-run websites and www.howtank.com.


Each new feature that extends or improves the Service is subject to these Terms of Use.


Any breach of these Terms of Use may result in Howtank disconnecting the breaching Member from the Service, terminating the Member’s use of the Service and closing the Member’s account.


Registering & accessing the Service

Some Service pages can only be accessed by Member after authentication (login email address and password).


Only individuals invited to register by Howtank or Partner Sites can sign up for the Service.


Each individual may only open one account for the Service.


Prospective Members must register for the Service using the registration page and provide all the details required for using the Service, including:



For the account to be activated, during registration or on the “My Profile” page of their account, prospective Members must also:



Members agree to provide true, accurate, current, and complete information when entering their details and confirm they will not provide a false photo, name, skill details or contact information.


Members agree to keep their details up-to-date to ensure they remain true, accurate, current, and complete at all times. Members have the legal right to access and correct those details, either by submitting a request on the Contact Howtank website page or by making the changes themselves on the “My Profile” page of their account.


Once prospective Members have created their own accounts and accepted these Terms of Use, Howtank and the Partner Site (on which the Members will reply to Internet User questions) may, but shall not be required to, approve the account.


If the Partner Site approves the account, Howtank will then approve the account. Partner Sites shall have sole discretion in approving or disapproving a Member application. You acknowledge and agree that the Partner Site shall bear no liability to any applicant for membership. Once approved, Members can use the entire Service unless or until the Member account is terminated.


Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of the Service as well as paying any related charges for internet access. It is also Your responsibility to maintain the confidentiality of Your password, and not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Service or portion of it using Your user name, password or other security information. Should You believe Your password or other security information for the Service has been breached in any way, You must immediately notify Howtank. You also agree to ensure that you exit from or sign out of Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.


We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.


Members may be blocked from accessing and using the Service if they act contrary to all or part of these Terms of Use. In addition, Howtank may terminate, suspend, or modify Your registration with, or access to, all or part of Service, without notice, at any time and for any reason.


Terminating access/closing the account

Members wanting to close their account and terminate their access to the Service must submit a written request using the input field available on the Contact Howtank page of www.howtank.com.


Letters, emails, chat conversations, forum messages and phone calls requesting that the Member's account be closed will not be considered as valid termination requests and will not be actioned.
Termination will occur within 48 hours of the Member's message being received by Howtank. The destruction of the Members' data may take up to 60 days after receipt of the Member's request.


Members requesting their account be closed acknowledge that they relinquish all information, benefits and advantages gained while using the Service. This includes all the Member's written messages, points awarded and unused, reputation and results.


Member rights & responsibilities

Members shall act of their own free will in accordance with these Terms of Use, to help Internet Users understand and use features on the Partner Sites.


You acknowledge that You are a volunteer participant in the Howtank community and that You may discontinue Your participation at any time.


Nothing related to Your participation will be construed as creating an employer-employee relationship, a partnership, joint venture, association, or agency relationship, or as a limitation upon Howtank’s right to terminate your access as set forth above, or upon Howtank’s discretion, to terminate Your access as provided herein.


You assume all risk for Your use. You understand that posting Content (as defined below) or submitting material is voluntary, and You are under no obligation whatsoever to provide any Content, submissions or contributions. You are solely responsible for Your dealings with any third party that relate to Your use of the community, or any information or materials You obtain from a third party.


Howtank shall not be obligated to provide, and Member has no expectation of receiving, any compensation from anyone in any form for Member’s voluntary participation in the community, or for Member Content, submissions or contributions.


Members may also provide personal opinions and describe personal experiences with products sold by the Partner Site, within the scope of their skills, subject to these Terms of Use.


If Members have the knowledge, they may be invited to help Internet Users on other Howtank Partner Sites. This help is freely and voluntarily provided by Members and is subject to their informed, explicit acceptance through their Howtank account.


Members are solely responsible for all Content that they upload, post, email or otherwise transmit via or to the Service, its tools or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). Howtank will not accept Content other than from a Member. Members agree to ensure those messages and Content are not contrary to public policy and do not harm the interests of third parties.


Content Submissions

By submitting Content to Howtank, Member represents and warrants that Member:



By submitting any Content via the Service, Member represents and warrants that any Content Member submits:



Member agrees to indemnify, defend, and hold Howtank, including its affiliates, licensors, Partners and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Your (or anyone using your account) violation of these Terms of Use, use of the Service, use of the Service's content, services and products other than as expressly authorized in these Terms of Use, use of any information obtained from the Service, or from Content that Member sends or publishes via the Service. Howtank reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Howtank’s defense of such claim.


Member must adopt a suitable tone for the Internet Users that Member communicates with through the Service. Member agrees to remain polite, respectful and patient at all times, regardless of the Internet User's behavior. Members must not use the Service to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Howtank, or Internet Users, or expose them to liability.


Member agrees to respect the moderation rules put in place by Howtank and not attempt to circumvent them.


Member shall not use the Service to impersonate any person or entity or state any affiliation or connection to Partner Site, including, without limitation, as an employee, or to falsely state or otherwise misrepresent affiliation with a person or entity. Conversely, if Member is employed by or affiliated with a Partner Site, then Member shall affirmatively disclose such relevant connection in each Content posting.


Given that this is a public community, Members must remain cautious with their personal details and not publish information that could be used by Internet Users to:


Members understand that Howtank and the Partner Site may use messages and results in any form in relation to the Service and Howtank's commercial activities. Without prior notification, Howtank may decide to adapt Members' messages and results in the following ways:



In the same way, Member understands that Howtank may authorize Partner Sites to do the same on their websites, media platforms and apps.

If Member Content includes ideas, suggestions, documents or proposals to Partner Sites through the Service, Member acknowledges and agrees that such Content is not confidential or proprietary, and Howtank shall have no obligation of confidentiality, express or implied, with respect thereto.

For any Content that Member submits, Member grants Howtank a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to Member. This license will survive the termination of these terms and conditions and Member’s use of the Service.

All Content that Member submits through the Service is not confidential and may be used at Howtank's sole discretion. Howtank may or may not pre-screen Content. However, Howtank and its designees, including Partner Sites, will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Howtank and its designees, including Partner Sites, will have the right to remove any Content that Howtank or a Partner Site deems, in its sole discretion, to violate these terms and conditions or is otherwise objectionable. Howtank does not guarantee that You will have any recourse through Howtank to edit or delete any Content you have submitted. Howtank reserves the right to incorporate any Content You have submitted into any account You may have, now or in the future, as a registered user of the Service. Howtank reserves the right to remove or to refuse to post any submission for any reason.

When Member deletes messages, they are also deleted from the Service. However, Member understands that deleted messages are kept on the back-up copy for a reasonable period of time. They will not be shared with third parties after deletion but may remain in the possession of Internet Users who have already viewed or downloaded the messages before they were deleted.

Member must not modify or adapt the Service, or interfere in any way with the software and computer equipment used by Howtank in providing the Service to them. Member also agrees to not:



Accounts created by automatons, robots and any other automated method are prohibited. Similarly, automatons, robots, spiders, and all other automated devices, processes or methods are prohibited from using any feature of the Service whatsoever.


Member agrees not to monitor, reproduce, duplicate, copy, sell, on-sell or use part or all of the Service without the express prior written approval of Howtank.


Member is responsible for the security of their account access and login details (email address and password). Howtank cannot be held liable for any loss or damage caused by a failure to comply with this safety obligation.


Members are responsible for taking all necessary measures to protect their account and access login information and use the Service at their own risk.


However, Howtank will implement all reasonable measures to ensure the confidentiality of transmitted details.


Members acknowledge that Howtank has no obligation to maintain the Service as available and in operation at all time.


Howtank's Rights and Duties

Howtank provides the Service to approved Members and Internet Users.


Howtank will take all reasonable measures available to it to ensure quality access to the Service.


Howtank cannot be held liable for network and server issues or any other event outside its reasonable control that blocks or impairs access to the Service.


Howtank reserves the right to temporarily suspend or change access to the Service without prior notice in order to carry out maintenance or for any other reason, but will use all commercially-reasonable efforts to provide advance notice of any scheduled suspension or disruption of the Service. Such an interruption will not result in any obligation or compensation.


Howtank also reserves the right to unilaterally and without prior notice terminate access to the Service for any Member who does not comply with these Terms of Use. That Member will then lose all information, benefits and advantages gained while using the Service. This includes all the Member's written messages, points awarded and unused, reputation and results.


Howtank cannot guarantee the accuracy or relevance of messages sent by Members via the Service. Consequently, these messages in no way give rise to liability on the part of Howtank or any Partner Site.
Howtank therefore cannot be held liable for any interruption to the smooth operation of the transaction carried out by the Internet User on the Partner Site while using the Service, including the order, payment, delivery, amount and terms. However, Howtank has implemented tools to measure the quality of these exchanges.


Howtank will measure the satisfaction of Internet Users. This will be based on objective criteria such as the number of “Thanks” given to Members by Internet Users.


Lastly, Howtank has developed a monitoring system to ensure that each Member complies with these Terms of Use. This moderating system is based on key words that can identify inappropriate behavior. If a breach of these Terms of Use is identified by the monitoring system, Howtank may send the Member a warning or temporarily suspend or terminate their account.


Members understand that each message they send will be recorded and retained. Messages may be read and analyzed by Howtank and/or the Partner Site.


Limitation of Liability

IN NO EVENT WILL HOWTANK, THEIR RESPECTIVE AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUES, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF HOWTANK HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.


EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent Howtank may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of such party's liability shall be limited to the minimum amount permitted under such applicable law.


Reservation of Rights

Howtank reserves the right, at any time, without notice and in its sole discretion, to:



Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. Howtank may access, preserve and disclose Member account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these terms and conditions, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to Members’ requests for customer service, or (v) protect the rights, property or personal safety of Howtank (and its employees), its users and the public. YOU WAIVE AND HOLD HARMLESS HOWTANK, AS WELL AS ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Member Benefits

If they wish, Partner Sites can grant Members benefits.


The Partner Site is responsible for deciding what type of benefits it will offer Members. Members agree to deal directly with the Partner Site regarding this benefit and understand and agree that Partner Sites’ determinations shall be in the Partner Site’s sole discretion. All decisions shall be final.


Other Service Features

Members using the Service can reply to Internet Users via the chat tool developed by Howtank (“Chat”).

With the Chat feature of the Service, Members have access to a discussion room to communicate with other Howtank Members. The community page of the Service (“Community Page”) displays Members' rankings according to their results.
Members understand that each Internet User they chat with can give them or not give them a “Thanks” at the end of the conversation.


Member acknowledges that the Community Page is public and visible to all other Members at http://www.howtank.com/. Similarly, this information can be viewed by Internet Users visiting the Partner Site or any other website on which the Site wishes to display it.


Cookies

Members are hereby informed that cookies will be put on their computers. These cookies are used to identify Members when they log in and to give them all the benefits they are entitled to for participating in the Service. All information we collect on this Service is subject to our privacy policy page.


Personal data storage & transmission

The Website www.howtank.com is hosted on servers owned by Amazon Web Services Inc., in Paris, FRANCE.


Members in France and other countries agree that the details they provide via the Service can be transmitted to and stored on the Amazon Web Services Inc. servers. These details include:



Intellectual Property Rights

The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Howtank, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.


These Terms of Use permit You to use the Service for the limited business purpose(s) described in these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:



You must not:



You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.


If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, Your right to use the Service will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Service or any content on the Service is transferred to You, and all rights not expressly granted are reserved by Howtank. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.


Trademarks

The Howtank name, the terms Click to Community (and its variations Click 2 Community and click-to-community), the Howtank logo and all related names, logos, product and service names, designs and slogans are trademarks of Howtank or its affiliates or licensors. You must not use such marks without the prior written permission of Howtank. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.


DMCA Notice

If anyone believes his or her work or content has been copied and posted to the Service in a way that constitutes copyright infringement, please provide Howtank’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):



Howtank’s DMCA designated copyright agent for notice of claims of copyright infringement on the Service is:


Emeric Teil – Chairman
support@howtank.com


Electronic Delivery Statement and Your Consent

You agree to receive legal notices and other information concerning Howtank or the Service electronically, including notice to any email address that you may provide.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR BY YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOWTANK NOR ANY PERSON ASSOCIATED WITH HOWTANK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER HOWTANK NOR ANY PERSON ASSOCIATED WITH HOWTANK, REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


HOWTANK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent Howtank may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of such party's liability shall be limited to the minimum amount permitted under such applicable law.


The www.howtank.com Help pages, and all written communication sent by Howtank constitute an integral part of these Terms of Use.


If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Governing Law, Arbitration.

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflicts of law provisions (whether of the State of NY or any other jurisdiction).


In the rare event you have a dispute with Howtank, we encourage you to contact us immediately so we can work together toward a satisfactory resolution.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and Howtank arising out of or relating to these Terms of Use, the Service, including the enforceability of these Terms of Use, our Guidelines, or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.


YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.


Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, in English and by a single arbitrator that is acceptable to both parties.  You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.


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. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Howtank will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Howtank for all fees associated with the arbitration paid by Howtank on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.


The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.  Except as otherwise provided in these Terms of Service, you and Howtank may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Howtank shall be exclusively brought in the state or federal courts of New York.


Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter. Nothing in this provision or in these Terms of Use will prevent or limit either Party in any way from seeking or obtaining any injunctive or other equitable relief in a court of competent jurisdiction at any time.


The website www.howtank.com is edited by:

Howtank SAS (simplified joint stock company)
24 rue de Clichy, Paris, FRANCE


The website is hosted by:

Amazon Web Services, Inc.
Région UE (Paris)
67 Boulevard du Général Leclerc, 92110 Clichy, France http://aws.amazon.com


Send any questions you have to Howtank through the Contact Howtank page.



General terms and conditions

Last Modified: April, 11th 2018


Subject

These terms and conditions govern the relationship between Howtank, publisher of the Howtank website (Service), and each user of the Service (Member).


By accessing and/or using www.howtank.com, the Member accepts, will comply with and unreservedly agrees to all terms in these terms and conditions.


These terms form the contract between the Service and the Member.


Definitions

Howtank is the company that publishes www.howtank.com. The company designs and manages transactional and interpersonal solutions using new technology. It also acts as a transaction operator on behalf of third parties, providing promotional and customer-retention services, advice, studies, designs and project development.
As part of its work, Howtank has developed a social platform dedicated to experience sharing and mutual help that enables the Member to meet and discuss with other Members, Internet Users and the Brand.


The term "Service" is the service offered by Howtank, on www.howtank.com or through apps and widgets offered by Howtank based on putting Internet Users, Members and the Brand in contact via a conversation enabled through different contact points such as a one-to-one chat or chatrooms on www.howtank.com or Partner Website, as well as all products and services directly or indirectly related to this Service. Internet Users put in contact with a Member via the Service provided to the Partner Website are not website Members and have no legal, contractual or non-contractual relationship with Howtank.


The "Member" is any person who effectively uses all or part of the Service and who, consequently, is contractually bound to Howtank. Members connect to the Service using their user name and password.


A “Brand” is any entity that has contracted with Howtank to have the Service integrated so that its clients can become Members and Internet Users.


A “Partner Website” is the Brand's website, platform or mobile application on which the Service is available.


""Internet Users" are people who visit Howtank Partner Websites and communicate with Members via the Service.


Acceptance of the terms & conditions

By using all or part of the Service offered by Howtank, Members unreservedly and unconditionally accept these terms and conditions and confirm having read them in their entirety.


Any registration submitted with reservations about the terms and conditions will be considered null and void. If Members do not agree with the terms and conditions in their entirety, they must not use the Service.


Howtank reserves the right to amend these terms and conditions at any time without prior notice in order to match changes to the Service and/or its operation. Howtank will update the Last Modified Date at the top of these Terms of Use accordingly.
Members who register for the Service expressly accept that all or part of the messages they send may be posted online on other websites: Howtank Partner Websites, Howtank-run websites and www.howtank.com.


Each new feature that extends or improves the Service is subject to the terms and conditions. Prolonged use of the Service after such changes is taken as the Member's acceptance of those changes.
Any breach of these terms and conditions may result in Members being disconnected from the Service, their contractual relationship with Howtank being terminated and their account being closed.


Registering & accessing the service

Some Service pages can only be accessed by Members after authentication (login email address and password).


Only persons invited to register by Howtank or Brands can sign up.
To register as a Member, applicants must be of legal age (18 years), confirm they are acting on their own behalf and have full legal capacity, as required by French law.
One individual may only open one account.


Applicants must register using the registration page and provide all the details required for using the Service, including:



For the account to be activated, during registration or on the Profile page of their account applicants must also:



Members agree to provide genuine, accurate information when entering their details and confirm they will not provide a false photo, name, skill details or contact information.


Members agree to keep their details up to date to ensure they remain genuine and accurate at all times.


These personal details are gathered, recorded and stored in accordance with the amended French Data Protection Act of 6 January 1978. Members have the legal right to access and correct those details, as provided for by law, either by submitting a request on the Contact Howtank website page or by making the changes themselves on the My Profile page of their account.


Once Members have created their account and accepted these terms and conditons, Howtank and the Brand(s) for which the Member has asked to join the community will approve the account.


Members may be blocked from accessing and using the Service if they have previously acted contrary to all or part of these Terms and Conditions.


In this event, the account will not be validated and the applicant Member will not be able to use the Service.


Once approved, Members can use the entire Service.


Terminating access/closing the account

Members wanting to close their account and terminate their access to the Service must submit a written request using the input field available on the Contact Howtank page of www.howtank.com.


Only this procedure enables the account to be cancelled by Howtank. Letters, emails, chat conversations, forum messages and phone calls requesting the Member's account be closed will not be considered as valid termination requests and will not be actioned.
Termination will occur within 48 hours of the Member's message being received by Howtank. The destruction of data concerning you may take 60 days after receipt of your request.


Members requesting their account be closed acknowledge that they relinquish all information, benefits and advantages gained while using the Service. This includes all the Member's written messages, points awarded and unused, reputation and results.


Member rights & responsibilities

Members act of their own free will to help Internet Users and to participate to the Brand’s community. They may also help with products sold by the Partner Website, or share their own experience, within the scope of their knowledge and skills.


The Members may be invited to help Internet Users on other Howtank Partner Websites and to participate to several Brands’ communities. This help and this participation are freely and voluntarily provided by Members and are subject to their informed, explicit acceptance through their Howtank account.


Members are solely responsible for messages they send and publish using the Service's tools. They agree to ensure those messages are not contrary to public policy and do not harm the interests of third parties.


Members hold Howtank harmless against any action filed by anyone which is caused by a message they sent or published via the Service. They agree to pay any amount resulting from a third party filing an action against Howtank which is caused by a message sent or published via the Service.


Members also agree to not:



Members must adopt a suitable tone for the Internet Users and the other Members they communicate with. They agree to remain polite, respectful and patient at all times, regardless of the Internet User or the other Member's behaviour.


Members also agree to respect in any circumstance Howtank Charter available on www.howtank.com.


If Howtank becomes aware of messages sent or published via the Service which contravene these terms and conditions or the Charter it reserves the right to immediately block access to the Service without prior warning or justification. Members have no right to any claim or compensation in this situation.

At the request of the competent administrative or legal authorities, Howtank may provide everything in its possession that can identify the authors of actions contrary to the law.


Messages exchanged between Members using the Service constitute private correspondence as defined by the law. As such, Members are prohibited from and will be prosecuted for sharing them in social/community spaces and more generally communicating them to any audience without the express authorisation of their authors.
Given that this is a public community, Members must remain cautious with their personal details and not publish information that could be used by Internet Users to:



Members understand that Howtank and the Brand may use messages, elements of the public profile (information present in the chat widget such as biogs or photos) and results (rankings) in any form in relation to the Service and Howtank's commercial activities. Without prior notification, Howtank may decide to to take the following action with messages and elements of Members' public profile and results (rankings):



In the same way, Members understand that Howtank may authorise the Brand to do the same on their websites, media platforms and apps.


When Members delete messages, they are also deleted from the Service. However, Members understand that deleted messages are kept on the back-up copy for a reasonable period. They will not be shared with third parties after deletion but may remain in the possession of users who have already viewed or downloaded the messages before they were deleted.


Members must not modify or adapt the Service, or interfere in any way with the software and computer equipment used by Howtank in providing the Service to them. They also agree to not:



Accounts created by automatons, robots and any other automated method are prohibited. Similarly, automatons, robots and all other automated methods are prohibited from using any feature of the Service whatsoever. Howtank reserves the right to prosecute in the event of automatons and robots using the Service.


Members agree not to reproduce, duplicate, copy, sell, on-sell or use part or all of the Service without the express prior written approval of Howtank.
Members are responsible for the security of their account access and login details (email address and password). Howtank cannot be held liable for any loss or damage caused by a failure to comply with this safety obligation.


Members are responsible for taking all necessary measures to protect that information and use them on the internet at their own risk.
However, Howtank will implement all useful, necessary measures to ensure the confidentiality of transmitted details.


Members acknowledge that they have no obligation to be available.


Members connect to the Service when they wish and for the duration they desire. They acknowledge that they are voluntarily participating in the Service and may at any time terminate their participation.
Participation by Members cannot be interpreted as an employer/employee relationship with Howtank nor a partnership, nor a partnership, joint enterprise or any other association.
Similarly, Members' publish messages voluntarily and this is not subject to any obligation of any nature by Howtank or the Brand.


Howtank and the Brand are not bound to offer remuneration of any nature for the Members' voluntary participation.


Participation by Members in no way restricts Howtank's ability to exercise its right to terminate access to the Service.


Howtank's duties

Howtank provides the Service to users of a Brand that subscribes to its product subject to those users having been approved by the Brand.
Howtank will take all reasonable measures available to it to ensure quality access to the Service. However, Howtank is not obliged to succeed.


Howtank cannot be held liable for network and server issues or any other event outside its reasonable control that blocks or impairs access to the Service.


Howtank reserves the right to temporarily suspend or change access to the Service without prior notice in order to carry out maintenance or for any other reason. Such an interruption will not result in any obligation or compensation.


Howtank also reserves the right to unilaterally and without prior notice cut access to the Service for any Member who does not comply with these terms and conditions. That Member will then lose all information, benefits and advantages gained while using the Service.


Howtank cannot guarantee the accuracy or relevance of messages sent by Members via the Service. Consequently, these messages in no way give rise to liability on the part of Howtank.
Howtank therefore cannot be held liable for the smooth operation of the transaction carried out by the Internet User on the Partner Website while using the Service, including the order, payment, delivery, amount and terms.
However, Howtank has implemented tools to measure the quality of these exchanges.


Howtank will measure the satisfaction of Internet Users. This will be based on objective criteria such as the number of “Thanks” given to Members by Internet Users.
Lastly, Howtank has developed a moderating system to ensure that each Member complies with the code of conduct set out in these terms and conditions and in the Charter. This moderating system is based on key words that can identify inappropriate behaviour. If a breach in the code of conduct is identified by the moderating system, Howtank may send the Member a warning or temporarily suspend or terminate that account.


Members understand that each message they send will be recorded and retained. Messages may be read and analysed by Howtank, one of its technical provider and/or the Partner Website.


Member benefits

If they wish, Brands can grant Members benefits.


Likewise, if the Brand fails to provide all or part of the benefit selected by the Member, the Member undertakes to resolve the conflict directly with the Brand. Howtank may not be held responsible if the Brand fails to provide all or part of the benefit selected by the Member. Lastly, it is the Member's responsibility to carry out all the necessary formalities, registrations and/or declarations linked with the allocation of benefits.


Other service features

Brands can activate a functionality called “Meet-up” through howtank Service so that their Members can organize and participate to meet-ups in real life directly from www.howtank.com or the Partner Website. This functionality is developed and managed by Kawaa, Howtank’s partner.


The Member is informed that to use this functionality a technical account is automatically created on Kawaa’s platform with his personal data to perform the Service.


Kawaa acts as Joint-controller of your personal data. Details of data collected and use of them are described in the Privacy Policy.


Personal data gathering

As part of its mission, Howtank gathers personal data concerning you to ensure that you enjoy an incredible experience through the Service. The types of data gathered and the use we make of them as part of the Service are described in the Privacy Policy.


In using all of part of the service proposed by the company Howtank, members acknowledge that they have taken note of the Privacy Policy in its entirety.


Cookies

Members are hereby informed that cookies will be put on their computers. These cookies are used to identify Members when they log in and to give them all the benefits they are entitled to for participating in the Service.


Personal data storage & transmission

The Website www.howtank.com is hosted on servers owned by Amazon Web Services Inc., in Paris, FRANCE.


Members in France and other countries agree that the details they provide via the Service can be transmitted to and stored on the Amazon Web Services Inc servers. These details include:



Legal information

For community services, Howtank is a host as defined in Article 6-I-2 of the French Digital Economy Trust Act of 21 June 2004. Consequently, Howtank cannot be held liable for messages sent by Members.


The www.howtank.com Help pages and all written communication sent by Howtank constitute an integral part of these terms and conditions. The Brand FAQs also form part of the the Conditions of use of the Service.


Should one or more clauses in these terms and conditions become invalid, this will not result in the terms and conditions being deemed invalid.


These general terms and conditions are governed by French law. Any dispute with a Member falls under the jurisdiction of the Paris Commercial Court.


The website www.howtank.com is edited by:

Howtank SAS (simplified joint stock company) with a capital of €128,676 registered with the Commercial Registry(R.C.S.) of Paris under the number 754 013 365
EU VAT : FR1075401336500012
24 rue de Clichy, Paris
FRANCE


The website is hosted by:

Amazon Web Services, Inc.
EU Region (Paris)
67 Boulevard du Général Leclerc, 92110 Clichy, France
http://aws.amazon.com


Send any questions you have to Howtank through the Contact Howtank page.