Note:

To protect our online store, our customers, philemonowona.com & Tricia Shopping joint venture and to abide by our disclosure policy, here are this website terms of use [In English only].

Last updated: Juin 2018

Welcome to our Privacy Center

Privacy Policy

Our Privacy Pledge

Our commitment is to put users first.  We strive to be transparent about how we collect and use your information, to keep your information secure and to provide you meaningful news and products.  This Privacy Policy is meant to help you understand what information philemonowona.com and its partners (“philemonowona.com,” “Tricia Shopping,” “us,” “our” or “we”) collect, why we collect it and what we do with it. This policy applies to our brands, websites, advertising services, products, services or technologies (we’ll collectively refer to these as “Services”).

Your Controls

We believe you should have tools to control your information. You can find controls to manage or review your account information, marketing preferences, location data, and search history at Privacy Controls.

Information Collection and General Use

We may collect and combine information when you interact with philemonowona.com Services including:

  • Information You Provide to Us.  We may collect the information that you provide to us, such as:
    • When you create an account with Tricia Shopping. (Please note that, when you use our Services, we may recognize you or your devices even if you are not signed in to our Services.)  philemonowona.com may use device IDs, cookies, and other signals, including information obtained from third parties, to associate accounts and/or devices with you.
    • When you use our Services to communicate with others or post, upload or store content (such as comments, photos, voice inputs, videos, emails, messaging services and attachments).
    • philemonowona.com analyzes and stores all users’ information. This allows us to deliver, personalize and develop relevant features, content, advertising and Services.
    • When you otherwise use our Services, such as title queries, page views, search queries or view the content we make available.
    • When you sign up for paid Services, use Services that require your financial information or complete transactions with us or our business partners, we may collect your payment and billing information.
  • Device Information.  We collect information from your devices (computers, mobile phones, tablets, etc.), including information about how you interact with our Services and those of our third-party partners and information that allows us to recognize and associate your activity across devices and Services.  This information includes device specific identifiers and information such as IP address, cookie information, mobile device and advertising identifiers, browser version, operating system type and version, mobile network information, device settings, and software data.  We may recognize your devices to provide you with personalized experiences and advertising across the devices you use.
  • Location Information.  We collect location information from a variety of sources.  You can learn more about and manage your location permissions by visiting the location settings tool on your devices.
  • Information from Cookies and Other Technologies.
    • We collect information when you access content, advertising, sites, interactive widgets, applications, and other products (both on and off of our Services) where philemonowona.com’s data collection technologies (such as cookies and other technologies, etc.) are present. These data collection technologies allow us to understand your activity on and off our Services and to collect and store information when you interact with Services we offer to partners.
    • This information also includes the kind of content or ads served, viewed or clicked on; the frequency and duration of your activities; the sites or apps you used before accessing our Services and where you went next; whether you engaged with specific content or ads; and whether you went on to visit an advertiser’s website, downloaded an advertiser’s app, purchased a product or service advertised, or took other actions.
  • Information from Others.  We collect information about you when we receive it from other users, third-parties, and partners, such as:
    • When you connect your account to third-party services or sign in using a third-party partner (like Facebook or Twitter).
    • From publicly-available sources.
    • From advertisers about your experiences or interactions with their offerings.
    • When we obtain information from third-parties or other companies, such as those who use our Services. This may include your activity on other sites and apps as well as information those third-parties provide to you or us.
    • We may also receive information from google and will honor the choices google customers have made about the uses of this information when we receive and use this data.

How We Use This Information

We are able to deliver, personalize, and improve our Services by combining and using the information we have about you (including information we receive on and off our Services) to understand how you use and interact with our Services and the people or things you’re connected to and interested in.  We also may use the information we have about you for the following purposes:

  • Provide, maintain, improve, and develop relevant features, content, and Services.
  • Fulfill your requests and when authorized by you.
  • Help advertisers connect to offer relevant advertising.
  • Match and serve targeted advertising (across devices and both on and off of our Services) and provide targeted advertising based on your device activity, inferred interests and location information.
  • Contact you with information about your account or with marketing messages, which you can also control.
  • Carry out or support promotions.
  • Conduct research and support innovation.
  • Create analytics and reports for external parties, including partners, publishers, advertisers, apps, third-parties and the public regarding the use of and trends within our Services and ads, including showing trends to partners regarding general preferences, the effectiveness of ads and information on user experiences. These analytics and reports may include aggregate or pseudonymized information.
  • Provide location-based Services, advertising, search results, and other content consistent with your location settings.
  • Combine information we have about you with information we obtain from business partners or other companies, such as your activities on other sites and apps.
  • Detect and defend against fraudulent, abusive, or unlawful activity.

We provide you with controls to manage your experience with us.  For example, you can review or edit your account information. If you change your account settings, you may continue to see ads, but they will not be as relevant or useful to you.

How We Share This Information

philemonowona.com shares information with its various partners.  We also share information we have about you for the purposes described in this Privacy Policy, including to provide Services that you have requested (including when you connect with third-party apps).  We do not sell, license or share information that individually identifies our customers with companies, organizations or individuals outside of philemonowona.com unless one of the following circumstances applies:

  • With Your Consent.  We will share information with companies, organizations or individuals outside of philemonowona.com when we have your consent.
  • Within philemonowona.com.  Information may also be shared within philemonowona.com, including with other philemonowona.com Services and partners.  philemonowona.com partners may use the information in a manner consistent with their privacy policies.
  • With Partners.  We may share your information with nonaffiliated companies who are:
    • Trusted Partners.  We provide user information to trusted partners who work on behalf of or with philemonowona.com based on our directions and in compliance with appropriate confidentiality measures.
    • Advertising, Analytics and Business Partners (Limited to Non-Personally Identifiable Information).  We may share aggregated or pseudonymous information (including demographic information) with partners, such as publishers, advertisers, measurement analytics, apps, or other companies.  For example, we may tell an advertiser how its ads performed or report how many people installed an app after seeing a promotion.  We do not share information that personally identifies you (personally identifiable information is information like name or email address) with these partners, such as publishers, advertisers, measurement analytics, apps, or other companies.
      When you use third-party apps, websites or other products integrated with our Services, they may collect information about your activities subject to their own terms and privacy policies.
      We allow other companies that show advertisements on our webpages or apps to collect information from your browsers or devices.  Other companies’ use of cookies and other data collection technologies are subject to their own privacy policies, not this one.  Like many companies, we may allow cookie matching with select partners.  But, these parties are not authorized to access philemonowona.com cookies.
  • For Legal and Other Purposes.  We may access, preserve and disclose information to investigate, prevent, or take action in connection with: (i) legal process and legal requests; (ii) enforcement of the Terms; (iii) claims that any content violates the rights of third-parties; (iv) requests for customer service; (v) technical issues; (vi) protecting the rights, property or personal safety of philemonowona.com, its users or the public; (vii) establishing or exercising our legal rights or defending against legal claims; or (viii) as otherwise required by law.
    • This may include responding to lawful governmental requests.
  • New Ownership.  If the ownership or control of all or part of philemonowona.com or a specific Service changes as a result of a merger, acquisition or sale of assets, we may transfer your information to the new owner.

Details for Specific Products and Services

Additional privacy practices for certain philemonowona.com Services will be announced as soon as they’re available.

Information Security and Data Retention
philemonowona.com has technical, administrative and physical safeguards in place to help protect against unauthorized access, use or disclosure of customer information we collect or store.

Protecting Children’s Privacy

Our Services are for a general audience. We do not knowingly collect, use, or share information that could reasonably be used to identify children under age 13 without prior parental consent or consistent with applicable law. With parental permission, a child under age 13 might have an Oath Family Account.

Data Processing and Transfers

When you use or interact with any of our Services, you consent to the data processing, sharing, transferring and uses of your information as outlined in this Privacy Policy. Regardless of the country where you reside, you authorize us to transfer, process, store and use your information in countries other than your own in accordance with this Privacy Policy and to provide you with Services.  Some of these countries may not have the same data protection safeguards as the country where you reside.

philemonowona.com may process information related to individuals in the EU/EEA and may transfer that information from the EU/EEA through various compliance mechanisms, including data processing agreements based on the EU/EEA Standard Contractual Clauses.  By using our Services, you consent to us transferring information about you to these countries.

philemonowona.com and its partners comply with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the European Economic Area (“EEA”), and with the U.S.-Swiss Safe Harbor Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.

If you are located in the EEA or in Switzerland, and believe that your Personal Information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact us. If your complaint or dispute remains unresolved, you may also contact the International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA). This organization provides independent dispute resolution services, at no charge to you. ICDR/AAA can be contacted at http://go.adr.org/privacyshield.html.

If, after attempting to resolve a dispute through ICDR/AAA, you feel that your concerns about the use of your Personal Information have not been resolved, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit http://www.privacyshield.gov.

By participating in the EU-U.S. Privacy Shield Framework and the U.S.-Swiss Safe Harbor Framework, philemonowona.com is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the EU-U.S. Privacy Shield, please visit http://www.privacyshield.gov. For more information about the U.S.-Swiss Safe Harbor Framework, please visit http://www.export.gov/safeharbor_swiss/.

Control and access your personal information

You retain all rights to your Personal Information and can access it anytime. In addition, philemonowona.com takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. You can update many types of Personal Information, such as payment or contact information, directly within your account settings. If you are unable to change your Personal Information within your account settings, please contact us to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.

If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how philemonowona.com processes your personal data, please reach out to us by email at philemon.owona@philemonowona.com, or by using the contact page.

Other Important Information

This Privacy Policy Applies Only to philemonowona.com.  This Privacy Policy does not apply to the practices of companies that philemonowona.com does not own or control, or to people that philemonowona.com does not employ or manage.

Changes

We may update this Privacy Policy from time to time, so you should check it periodically.  If we make changes that are material we will provide you with appropriate notice before such changes take effect.

Questions & Suggestions

If you have questions, suggestions, or wish to make a complaint, please contact us here

Our Terms and Conditions

These Terms and Conditions (“Agreement”) governs the use of the services [“Service”] that are made available on philemonowona.com [“website”, “we” or “us”]. These Terms and Conditions represent the whole agreement and understanding between philemonowona.com and the individual or entity who subscribes to our service [“Subscriber”, ”customer” or “you”].

PLEASE READ THIS AGREEMENT CAREFULLY. By loging in our website and/or by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. philemonowona.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that philemonowona.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

philemonowona.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://philemonowona.com/custom-terms-of-service/. ‎You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

  1. Welcome to philemonowona.com   philemonowona.com and its partner’s brand (Tricia Shopping)  (collectively, “philemonowona.com,” “us,” “we” or “our”) are philemonowona.com. Please carefully read Sections 1 through 13, 14.1, and 14.2, which are the sections that apply to you.By using the Services, you agree to these terms, the policies in philemonowona.com’s Privacy Center, and any community guidelines and supplemental terms provided to you for the Services that you use (collectively, “Terms”). Please read the Terms carefully, as they form the entire agreement between you and philemonowona.com. THESE TERMS CONTAIN LIMITATIONS OF PHILEMONOWONA.COM’S LIABILITY IN SECTION 9.U.S. USERS: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 14.2 BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS.
  2. Using the Services
    1. Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and “you” means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.
    2. Indemnity. If you are using the Services on behalf of a company, business or other entity, or if you are using the Services for commercial purposes, you and the entity will hold harmless and indemnify philemonowona.com (defined in Section 8 below) from any suit, claim or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
    3. Age. If you are under the Minimum Age (as defined for your region in Section 14) you may not register for an account. Unless you hold a valid authorization granted by philemonowona.com. You must be at least the Minimum Age to use the Services.
    4. Member Conduct. You agree not to use the Services to:
      1. obtain or attempt to obtain unauthorized access to the Services or to philemonowona.com’s servers, systems, network, or data;
      2. make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
      3. violate any applicable laws or regulations;
      4. impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
      5. make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
      6. post content containing advertisements or other commercial solicitations without our prior written permission;
      7. make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
      8. interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
    5. Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
    6. Export Control. You agree to comply with the export control laws and regulations of the United States and trade controls of other applicable countries, including without limitation the Export Administration Regulations of the U.S Department of Commerce, Bureau of Industry and Security and the embargo and trade sanction programs administered by the U.S. Department of Treasury, Office of Foreign Assets Control. You represent and warrant that you: (1) are not a prohibited party identified on any government export exclusion lists (see e.g., http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm); (2) will not re-export or use the Services to transfer software, technology, or other technical data to prohibited parties or countries; and (3) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses or conduct any other activities involving the Services that violate the export and import laws of the U.S. or other applicable countries.
    7. Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
    8. Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless philemonowona.com has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and software).
    9. Support. Unless otherwise expressly stated, philemonowona.com does not promise to provide you with any support for the Services. If philemonowona.com does provide you with support, it is at philemonwona.com’s sole discretion and does not mean that we will continue to provide you with support in the future.
    10. Fees. philemonowona.com reserves the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in philemonowona.com’s sole discretion. If philemonowona.com decides to charge fees, philemonowona.com’s payment terms will apply and philemonowona.com will provide you with prior notice.
    11. Different Versions of the Services. Different features may be available in different versions of the Services and not all features may be available in your country or region. Also, not all features may be available if the user that you are communicating with is using a different version of the Services, or is using third party software.
    12. Anti-Abuse Policy. philemonowona.com prohibits sending unsolicited messages or comments using the Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without philemonowona.com’s prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.
  1. Your Account; Notices
    1. Account Information. You must ensure that your account information (that is, the information you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All philemonowona.com accounts are non-transferable, and any rights to them terminate upon the account holder’s death.
    2. Access to Your Account. You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to philemonowona.com, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
    3. Notices. philemonowona.com may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
  2. Privacy and Data Protection  philemonowona.com’s Privacy Center explains how we treat your personal data. By using the Services, you agree to our privacy policies and that philemonowona.com can use your information in accordance with our privacy policies. By using and benefitting from philemonowona.com’s Services you recognize that personalization lies at the core of many of our services. We can only provide many of these Services by using your personal data to provide personalized content and ads. Please visit our Privacy Center to learn more about personalization
  3. Procedure for Copyright or Other Intellectual Property Infringement Claimsphilemonowona.com respects the intellectual property of others, and we expect our users to do the same. philemonowona.com may, in appropriate circumstances and at its discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers. If you believe that your copyright or intellectual property rights have been infringed, please contact us.
  4. Content in the Services and License Grant to philemonowona.com
    1. Content. Our Services display some content that is not philemonowona.com’s. This content is the sole responsibility of the entity or person that makes it available. philemonowona.com assumes no responsibility for the conduct of third parties, including persons or entities with which you communicate using the Services. Many of the Services enable you to submit content. You – not philemonowona.com – are entirely responsible for any content that you upload, post, email, transmit, or otherwise make available via the Services. We may remove and refuse to display content that violates the Terms or applicable laws or regulations, but that does not mean that we monitor the Services or review or screen any content. By using or accessing the Services you understand and agree that you may be exposed to offensive, indecent, or objectionable content.
    2. IP Ownership and License Grant. Except as otherwise provided in the specific philemonowona.com product terms or guidelines for a Service, when you upload, share with or submit content to the Services you retain ownership of any intellectual property rights that you hold in that content and you grant philemonowona.com a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries or other changes), communicate, publish, publicly perform, publicly display, and distribute this content in any manner, mode of delivery or media now known or developed in the future; and (b) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services (e.g., for users to re-blog, re-post or download your content). In some of the Services, there may be specific terms or settings allowing a different scope of use of the content submitted in those Services. You must have the necessary rights to grant us the license described in this Section 6(b) for any content that you upload, share with or submit to the Services.
  5. Modifying and Terminating the Services; Terminating Accounts
    1. We are constantly innovating, changing and improving the Services. Unless stated differently for your country in Section 14, we may, without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.
    2. You can stop using the Services at any time. You may cancel and delete your philemonowona.com account at any time.
    3. Unless stated differently for your country in Section 14, we may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
    4. Subject to any statutory rights you might have, if your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others.
  6. Our Warranties and Disclaimers
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHILEMONOWONA.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY PHILEMONOWONA.COM ENTITIES) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND PHILEMONOWONA.COM EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
    2. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.
  7. Limitation of Liability  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT PHILEMONOWONA.COM ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. PHILEMONOWONA.COM ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. PHILEMONOWONA.COM ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT PHILEMONOWONA.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN SECTION 14, PHILEMONOWONA.COM ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.
  8. Feedback  You agree that any recommendation, idea, proposal, suggestion, feedback or other input (“Feedback”) you submit to philemonowona.com related to its products, services, websites, apps, or technology may be used by philemonowona.com without any notice, obligation, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.
  9. Services and Billing. Unless otherwise specified in the additional terms that apply to the Services you are using, the terms in this Section 11 apply to you.
    1. We offer products for a fee (“fee-based Services”). These fee-based Services are governed by the terms you agree to when you register. If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information and you have the continuing obligation to keep it up to date. Many fee-based Services require you to have, or register in a philemonowona.com account.
    2. The following important provisions apply to all of our fee-based services:
      1. Third-Party products. If the fee-based Service includes a third-party product, you understand and agree that your purchase and use of the Service is also subject to the third party’s terms of service and privacy policy, which you should read thoroughly before agreeing to them.
      2. Payments. You represent that you are at least the minimum age required to enter into a legal agreement. You agree to pay us for any fee-based Services you purchase from us, as well as all other charges incurred under your account, including applicable taxes and fees. You are responsible for all charges incurred under your account, including purchases made by you or anyone you allow to use your account or any sub-or linked accounts (including any person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your authentication credentials.
      3. Payment Methods. You authorize and direct us to charge your designated payment method for these charges or, if it fails, to charge any other payment method you have on file with us, even if we received it in association with other fee-based services. You are responsible for all charges even if your payment method fails or is denied. You authorize and direct us to retain all information about any payment method(s) associated with your account. We may import payment information you entered during a prior purchase and provide you the option to use that payment information during purchase of a new product. You permit us to obtain and use updated information from the issuer of your payment method in accordance with the policies and procedures of any applicable card brands. We may in some instances continue charging a payment method past its expiration date at our discretion and subject to the payment processors’ or issuing bank’s approval. Surcharges may apply if you use certain payment methods, such as payment from your checking or savings account.
      4. Payment Terms. We may charge for fee-based Services in advance and on a daily, monthly, yearly, lump sum, or other basis in accordance with the stated terms, as long as your subscription remains active, even if you have not downloaded or used the Service or accessed your online account.
      5. Auto-Renewal. We use auto-renewal for many of our fee-based Services. At the expiration of each subscription term for such fee-based Services, we will automatically renew your subscription and charge the credit card or other payment method you have provided to us, unless you cancel your subscription at least 48 hours before the end of the current period. Unless otherwise stated in Section 14, your subscription will be automatically renewed at the then-current price, excluding promotional and discount pricing. We may, in our sole discretion, post charges to your payment method individually or aggregate charges for some or all of your fee-based Services with us.
      6. Fraud Protection. We may take steps to verify the validity of the credit card information you provide to us, including debiting amounts less than $1.00 from your credit card and then immediately crediting it back. You authorize us to do so for verification and anti-fraud purposes.
      7. Free Trials. We may offer you free trials, so that you may try a fee-based Service subscription without charge or obligation (“Free Trial”). Unless otherwise stated and unless you cancel your subscription prior to the expiration of the Free Trial, periodic subscription fees will be charged at the then-applicable rate upon expiration of the Free Trial period and will continue to be charged until the subscription is canceled. If you are not satisfied with a particular fee-based Service, you must cancel the subscription before the Free Trial ends to avoid charges. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials or other promotional offers.
      8. No Refunds. All charges are nonrefundable unless provided otherwise in the terms you agree to when you register for a fee-based Service, unless stated differently for your country in Section 15 or as otherwise specified below.
      9. Termination. We, in our sole discretion, may change, discontinue or terminate any or all aspects of a fee-based Service without notice, including access to support services, content and other products or services ancillary to the fee-based Service, subject to providing an appropriate refund for any portions of a specified but no longer available term. You may cancel a fee-based Service at any time by logging into your online account and terminating the subscription.
      10. Change in Fees and Billing Method. We may change our fees and billing methods at any time. We will provide you with notice of any price increase at least thirty (30) days in advance. Subject to applicable law, (i) if you disagree with any proposed change, your sole remedy is to cancel your fee-based Service before the price change takes effect and (ii) your continued use of or subscription to the Service after the price change takes effect constitutes your agreement to pay the new price for the Service.
      11. Delinquency. After 30 days from the date of any unpaid charges, your fee-based Service will be deemed delinquent and we may terminate or suspend your account and fee-based Service for nonpayment. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
      12. 90-Day Notice Period. You must notify us about any billing problems or discrepancies within 90 days after they first appear on your billing method statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
  10. About these Terms
    1. Third Party Beneficiaries and Conflicts. These Terms control the relationship between philemonowona.com and you. They do not create any third party beneficiary rights. If there is a conflict or inconsistency between the terms in this document and the additional terms associated with a particular Service, the additional terms will control solely for that conflict or inconsistency.
    2. Modification of the Terms. Unless stated differently for your country in Section 14, we may modify the Terms from time to time. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You should look at the Terms regularly. We will provide notice (in accordance with Section 3(c) above) of material modifications.
    3. Continued Use of the Services. You may stop using the Services at any time, but your continued use of or subscription to a Service after the effective date of any modifications to the Terms or the means that you agree to the Terms as modified.
    4. Waiver and Severability of Terms. The failure of philemonowona.com to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms is found to be invalid, philemonowona.com and you nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
    5. Assignment by philemonowona.com. At philemonowona.com, we may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers or liquidations).
  11. Provider of Services  The Services are provided by the company that offers the Services in your region as set out in Section 14.2 (philemonowona.com), except for the Services set out below in Section 13(b). Not all Services or features may be available in your country or region. Different features may be available in different versions of the Services.
    1. BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE. YOU AND PHILEMONOWONA.COM BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND PHILEMONOWONA.COM ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND PHILEMONOWONA.COM ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE DIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. 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 COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. We also both agree that:
      1. Notice of Dispute. If either you or philemonowona.com intends to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to philemonowona.com should be sent to philemonowona.com by e-mail to philemon.owona@philemonowona.com. Notice to you will be to your email address(es), if any, that philemonowona.com has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration.
      2. Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association (“AAA”). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms, unless you are an individual and use the Services for personal or household use, in which case the AAA’s Consumer Arbitration Rules will apply (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules and fee information from the AAA (www.adr.org). These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
      3. Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in Geneva, Switzerland, provided that your Dispute meets the requirements of the small claims court.
      4. Arbitration Location. Unless you and philemonowona.com agree otherwise, the arbitration must take place, or the small claims action must be filed in Geneva, Switzerland.
      5. Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
      6. Settlement Offers. We may, but are not obligated to, make a written settlement offer anytime before or during arbitration. The amount or terms of any settlement offer may not be disclosed to the arbitrator unless and until the arbitrator issues an award on the claim. If you do not accept the offer and the arbitrator awards you an amount of money that is more than our offer but less than $5,000, we agree to: (a) pay you $5,000 instead of the lower amount awarded, (b) pay your reasonable attorney’s fees and costs, and (c) reimburse any arbitration filing fees and arbitrator fees and expenses incurred in connection with the arbitration of your Dispute. If the arbitrator awards you more than $5,000 and we are not challenging the award, then we will pay you the amount of the award.
      7. Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below in subsection 14.3.c cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. To avoid any doubt or uncertainty, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
    2. CLASS ACTION WAIVER. THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
    3. JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND PHILEMONOWONA.COM AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND PHILEMONOWONA.COM UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
    4. Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the Canton of Geneva without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
    5. Forum. If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and philemonowona.com, will be brought exclusively in the courts located in the Geneva, Switzerland. In such cases, you and philemonowona.com agree to submit to the personal jurisdiction of the courts located within the Canton of Geneva, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
    6. Modifying the Services; Modifying these Terms
      1. Where we modify the Services as outlined in Section 7(a), or we modify these Terms pursuant to Section 12(b), we will tell you a reasonable amount of time in advance of any modifications that will materially disadvantage our users or materially limit the access or usage of Services. Your continued use of the Services after the effective date of any such modifications means that you agree to the Services or the Terms as modified.
      2. For modifications to the Terms or to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable.
          1. Notice of cancellation, suspension or limitation of the Services or your account.
            1. Despite Subsection (f) above and without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or cancel your account or impose limits on or restrict your access to parts or all of your account or the Services:
              1. if you violate, or we believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines;
              2. in response to requests by law enforcement or other government agencies under valid legal process;
              3. due to unexpected technical or security issues or problems; or
              4. if your account shows extended periods of inactivity in accordance with our account deletion policy.
        1. If we permanently suspend or terminate your account, we will notify you in advance and allow you reasonable time to access and save information, files, and content associated with your account unless we have reason to believe that continued access to your account will violate applicable legal provisions, requests by law enforcement or other government agencies, or cause damage to us or to third parties.
        2. Cooling off period for EU consumers. The following provisions supplement Section 11 (Fee-Based Services and Billing).
          1. If you are a consumer living in the EU, you can cancel your fee-based Service without giving a reason within 14 days from the day of the conclusion of the contract. You can notify us by contacting us.
          2. You must send your notification to us before expiry of the 14 days cancellation period.
          3. Exceptions. If you purchase digital content not supplied in a tangible medium from us you agree that the cancellation period expires immediately once you begin to download or stream the digital content.
          4. Reimbursement. We will reimburse all payments received from you for the fee-based Service no later than 14 days from the day on which we received your cancellation notification. Unless you expressly agree otherwise, we will use the same means of payment as used for the initial transaction. You agree that if you start using the fee-based Service before the end of the cancellation period you will be liable for all charges incurred up to the date of cancellation
        3. Auto-Renewal. In addition to Section 11(b)(v), the following shall apply: If your subscription is auto-renewed and the price has increased, you will be notified of the applicable new price and you will be allowed to terminate your subscription within a period of 14 days upon receipt of the notice. In such case the new price will not become effective and your subscription will end at the end of the term.
        4. Exclusions and Limitations of Liability. Nothing in the Terms affects any legal rights that you are entitled to as a consumer under Irish and EU law which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in Sections 8 and 9 of the Terms will not apply to you if you are a consumer living in a European Union country.
        5. Our Liability. Despite Section 9, we accept responsibility for fraudulent representations made by us or if you are injured or die as a direct result of our negligence in connection with the Services.

Last updated: June 2018

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