TERMS OF SERVICE

1. General. Thank you for visiting Ogmento, Inc. (“Ogmento”). These terms of service govern your use of any product or services of Ogmento including, without limitation, the Ogmento website and any online or mobile game or application (collectively the “Ogmento Services”). By accessing or using the Ogmento Services, you signify that you have read, understood, and agree to be bound by these terms of service (“Terms of Service”).
2. Authorized Users. These Terms of Service form a legally binding contract between you and Ogmento. By using any Ogmento Services, you affirm that you are at least 13 years of age. If you are under the age of 18 years, you may not access or use the Ogmento Services without (a) the consent of your parent or guardian, (b) his or her agreement to these Terms of Service on your behalf, and (c) his or her agreement to take full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You may not access or use the Ogmento Services if you are unable to form a legal binding agreement with Ogmento. If at any time you choose not to accept these Terms of Service, you should not access or use the Ogmento Services.
3. Revisions. You agree to check www.ogmento.com/terms periodically for new information and terms that govern your use of Ogmento Services. Ogmento reserves the right to modify the Terms of Service at any time with or without notice to you. Terms for new Ogmento Services are effective immediately upon posting at www.ogmento.com/terms Ogmento may, at its sole discretion, and at any time, discontinue any Ogmento Services or any part thereof, with or without notice to you, or may prevent your use of the Ogmento Services with or without notice to you.
4. Ogmento Account. An account (“Account”) may be required to access and use some Ogmento Services. If you have questions about your Account registration, please contact us by visiting www.ogmento.com/support In order to create an Account, you will be asked to provide a valid email address and other contact information. Some Ogmento Services may require creation of an user name to represent you in a game and online (“User Names”). Such User Names will be tied to your Account and considered User Content (as defined below). You may not use an User Name that is used by someone else or violates the Terms of Service. You should not reveal your Account password to any other person (other than to a parent or guardian, if you are under the age of 18 years). You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service. Ogmento will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions. Ogmento reserves the right to refuse registration of, or cancel an Account, in its sole discretion.
5. Ogmento Content and User Content. Content from the Ogmento Services provided by Ogmento, its affiliates, employees, agents, representatives, licensors, or other third party partners including or other trademarks, logos, trade names, slogans, text, files, images, photos, videos, sounds, musical works, works of authorship or other materials or content (“Ogmento Content”) is the property of Ogmento and is protected by appropriate trademark, copyright, trade secret or other related laws both in the United States and internationally. The Ogmento Services may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you (“User Content”). Ogmento Content and User Content collectively shall be referred to as “Content”. Ogmento may not pre-screen any User Content and does not endorse or approve any User Content that you or other users contribute to Ogmento Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Ogmento Services. Ogmento respects the intellectual property rights of others. You must have the legal right to upload any User Content to Ogmento Services. You may not upload or post any Content on Ogmento Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates any third party's right of privacy or right of publicity. You may upload only Content that you are permitted to upload by the owner or by law. When you contribute User Content to any Ogmento Service, you expressly grant to Ogmento for Ogmento, its affiliates, employees, agents, representatives, licensors or other third party partners, a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Ogmento all licenses, consents and clearances to enable Ogmento to use such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content. If the Ogmento Service on which you contribute User Content permits other users to access and use that User Content as part of the Ogmento Service, then you also grant all other users of the relevant Ogmento Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Content on or through the relevant Ogmento Service without further notice, attribution or compensation to you.
6. Removal of Content. Ogmento reserves the right (but has no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content or other Content at any time is in Ogmento’s sole and final discretion. To the maximum extent permitted by applicable law, Ogmento does not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
7. DMCA Notice. If you are a copyright owner or an agent thereof and believe any Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to Ogmento through the email address: support@ogmento.com containing the following information: a) (Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (b)( Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (c)( Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (d)( A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e)(A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and(f) (A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed. You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.
8. License Grant. Ogmento grants you a personal, limited, non-transferable, non-exclusive license to use Ogmento Content solely for your personal, private and non-commercial use in connection with the Ogmento Services accessed by you. You may not copy or download any Content from an Ogmento Service except with the prior written approval of Ogmento or the owner of such Content. In addition, without the prior written approval of Ogmento, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Ogmento Services you are using. Making unauthorized copies or distribution of Content may result in the termination of your Ogmento Account(s), prohibition on use of Ogmento Services, and further legal action. Any owner of the Content may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify, defend and hold harmless Ogmento, its affiliates, employees, agents, representatives, licensors or other third party partners from any breach of these Terms of Services, any unauthorized or illegal conduct by you, or through the use of your Account, on Ogmento Services.
9. Ogmento Services Availability. Ogmento does not guarantee that any Ogmento Services or Content will be available at all times or at any given time or that we will continue to offer particular Ogmento Services or Content for any particular length of time. Ogmento shall have the right (but not the obligation) to terminate your Account for non-use if you have not used your Account for a period of twelve (12) months or more.
10. Paid Services. FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Some Ogmento Services require payment of a fee. For information about subscription and other fees for particular services, visit www.ogmento.com/support. Ogmento reserves the right to change our fees or billing methods at any time. If your use of Ogmento Services is subject to use or sales tax, then Ogmento may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit www.ogmento.com/support. (a) Payment Options. You may pay fees using the methods available for the particular Ogmento Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Ogmento Service. (b)Ogmento Currency. You understand and agree that certain Ogmento Services may allow you to purchase fictional currency for deposit in a fictional financial account that allows you the right to purchase certain fictional products, services or property for use in with the Ogmento Services (“Ogmento Currency”). Ogmento Currency is not redeemable for any sum of money or monetary value from Ogmento at any time. You agree that Ogmento has the absolute right to manage, regulate, control, modify or eliminate such Ogmento Currency as it sees fit in its sole discretion, in any general or specific case, and that Ogmento will have no liability to you based on its exercise of such right. (c)Fictional Property. When using the Ogmento Service, you may accumulate fictional property related to any Ogmento Service (“Fictional Property”) that reside as data on Ogmento's servers. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA RESIDING ON OGMENTO'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OGMENTO'S SOLE DISCRETION. OGMENTO DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY SUCH DATA RESIDING ON OGMENTO'S SERVERS. (d)No Refunds. You may cancel your Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, Ogmento has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Ogmento Services without notice, refund, obligation, or liability to you. In the event that Ogmento suspends or terminates your Account or these Terms of Service you understand and agree that you shall receive no refund or exchange for any Ogmento Currency, or any Content or data associated with your Ogmento Account, or for anything else.
11. Third-Party Sites. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Ogmento. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Such third party web sites may have separate terms and conditions that you may have to comply with.
12. Termination of Ogmento Services, Accounts and Entitlements. Ogmento may terminate any Ogmento Services at any time without notice of such termination. Ogmento may also terminate your Account(s) for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of Ogmento Services or Content as determined by Ogmento in its sole discretion. You may lose your user name and persona as a result of Account termination. If you have more than one (1) Account, Ogmento may terminate all of your Accounts. In response to a violation of these Terms of Service or any other agreement applicable to Ogmento Services accessed by you, Ogmento may issue you a warning, suspend your Account, selectively remove, revoke or garnish any Ogmento Currency or Fictional Property associated with your Account or immediately terminate any and all Accounts that you have established. You acknowledge that Ogmento is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnishing any Ogmento Currency or Fictional Property associated with your Account. If Ogmento terminates your Account, you may not participate in an Ogmento Service again without Ogmento’s express prior written permission. You shall not allow any third party to use your Accounts (except, a parent or guardian if you are under the age of 18).
13. Account Cancellation. You have the right to cancel your Account or a particular subscription to an Ogmento Service at any time by contacting www.ogmento.com/support. You agree that the cancellation of your Account or a particular Ogmento Service is your sole right and remedy with respect to any dispute with Ogmento.
14. Rules of Conduct You agree to the following rules of conduct for the Ogmento Services or posting any Content: You shall not post, transmit, promote, or distribute Content that is illegal including hacking, cracking, taking advantage of exploits or cheats and/or distribution of counterfeit software, for that will harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. You shall not transmit or facilitate distribution of Content that is harmful, abusive, hateful, racially, religiously or ethnically offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated. You shall not use abusive, offensive, or defamatory Avatars. You shall not disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting by using all caps in an attempt to disturb other users, "spamming" or flooding. You shall not impersonate another person (including celebrities), indicate that you are an Ogmento employee or representative, or attempt to mislead users by indicating that you represent Ogmento or any other third party that are not. You shall not attempt to get a password, account information, or other private information from anyone else on Ogmento Services or post any persons real-world information without such person’s permission. You shall not upload any Content that you do not own or have permission to distribute in accordance with these Terms of Services. You shall not upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Ogmento Services or otherwise interfere with any other person’s ability to use the Ogmento Services. You shall not post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. You shall not use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications. You shall not modify or attempt to modify any part of the Ogmento Service that Ogmento does not specifically authorize you to modify such Ogmento Services. You shall not attempt to use Ogmento Software on or through any service that is not controlled or authorized by Ogmento. You may not conduct any activities that violate the laws of any jurisdiction including but not limited to intellectual property, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software. Specific Ogmento Services may also post additional rules that apply to your conduct on those services. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Ogmento by sending an email to support@ogmento.com
15. Compliance with Laws. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Ogmento Services. Ogmento reserves the right to terminate your Account and to prevent your use of any and all Ogmento Services if your Account is used to engage in illegal activity or to violate these Terms of Service.
16. Monitoring. Except to the extent required by law or otherwise agreed to by you per these Terms of Service, Ogmento will not monitor or record any online activity of Ogmento Services, including communications.
17. Services Not Controlled By Ogmento. Ogmento takes no responsibility for your use of Ogmento Services on or through any third party service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Ogmento controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
18. Software. Some Ogmento Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device ("OGMENTO Software"). Ogmento grants to you a non-exclusive, limited license to use Ogmento Software solely for the purpose stated by Ogmento at the time the Ogmento Software is made available to you and in accordance with these Terms of Services. Your use of the Ogmento Software maybe subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access Ogmento Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Ogmento Software. You may not modify Ogmento Software or use it in any way not expressly authorized in writing by Ogmento. You understand that Ogmento’s introduction of various technologies may not be consistent across all platforms and that the performance of Ogmento Software and related Ogmento Services may vary depending on your computer and other equipment. From time to time, Ogmento may provide you with updates or modifications to Ogmento Software. You understand that certain updates and modifications may be required in order to continue use the Ogmento Software and Ogmento Services.
19. Export Control Laws. The Ogmento Services may be subject to United States export controls, and export controls of other jurisdictions. By using the Ogmento Services or Content or downloading any Ogmento Software from Ogmento, you warrant that you are not located in any country, or exporting Ogmento Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Ogmento Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Ogmento Services any Content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
20. Ogmento Software from iTunes. The following applies to any Ogmento software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Ogmento, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the Apple App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Ogmento as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Ogmento as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Ogmento, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Ogmento acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof..
21. Updates to Ogmento Services. OGMENTO MAY FIND IT NECESSARY TO UPDATE, OR RESET THE OGMENTO SERVICES. THESE UPDATES OR RESETS MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT OGMENTO SERVICE AND MAY AFFECT YOUR OGMENTO CURRENCY OR FICTIONAL PROPERTY UNDER YOUR CONTROL. OGMENTO RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
22. Limitations on Warranty and Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF OGMENTO SERVICES, OGMENTO SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. OGMENTO SERVICES, OGMENTO SOFTWARE AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS WHEREAS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF OGMENTO SOFTWARE OR OGMENTO SERVICES. OGMENTO PROVIDES OGMENTO SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OGMENTO SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OGMENTO WILL HAVE ADEQUATE CAPACITY FOR OGMENTO SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OGMENTO, ITS Affiliates, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO OGMENTO SERVICES OR OGMENTO SOFTWARE IS TO STOP USING OGMENTO SERVICES, AND TO CANCEL YOUR OGMENTO ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT OGMENTO, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OGMENTO SERVICES OR USE OF OGMENTO SOFTWARE. IN NO CASE SHALL OGMENTO’S, ITS Affiliates, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO OGMENTO FOR OGMENTO SERVICES. IN NO CASE SHALL OGMENTO OR OGMENTO AFFILIATES BE LIABLE FOR INCIDENTAL, indirect, exemplary, special, punitive OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OGMENTO SERVICES or OGMENTO SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OGMENTO SERVICES OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, indirect, exemplary, special, punitive OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OGMENTO, ITS Affiliates, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
23. Indemnification. Upon Ogmento’s request, you agree to defend, indemnify and hold harmless Ogmento, its affiliates, employees, agents, representatives, licensors or other third party partners against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys' fees, that arise from or relate to: (a) a breach of these Terms of Service by you; or (b)any Content provided by you on or through Ogmento Services. Ogmento reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of this Terms of Service.
24. General Terms
    1. Remedies. You agree that these Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms of Service. You also understand and agree that these Terms of Service (including the Ogmento Privacy Policy and any supplemental terms which are incorporated by reference into these Terms of Service).
    2. Severability. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Ogmento, and the remaining portions shall remain in full force and effect.
    3. Waiver. The failure of Ogmento to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Ogmento.
    4. Governing Law. These Terms of Service are governed by the State of New York and you expressly agree to the exclusive jurisdiction for any claim or dispute with Ogmento, arising out of or relating in any way to these Terms of Service, your Account(s) or your use of Ogmento Services in the federal and state courts within the jurisdiction of the United States District Court for the Southern District of New York. As noted above, your conduct may also be subject to other local, state, national, and international laws.
25. Entire Agreement. The Terms of Service (including the Ogmento Privacy Policy and any other supplemental terms incorporated by reference into this document) and any posted rules or instructions regarding the Ogmento Services constitute the entire agreement between you and Ogmento. If there is any conflict between the Terms of Service and any other rules or instructions posted on an Ogmento Service, Ogmento shall resolve the conflict in its sole discretion.