Terms of Use
These terms are a contract between you and Conecta al Campo (Mexican tax ID, RFC, CCA190528QV0), with its address at Kioto 20, Col. Guadalupe Tlalpan, Alcaldía Tlalpan, C.P. 14388, Ciudad de México, México (“LEVIATHAN”, “we”, “us”), which operates the LEVIATHAN app and the meetleviathan.com website (the “Service”). By creating an account or using the Service you accept these terms, the Community Guidelines and the Privacy Notice. If you do not agree, do not use the Service.
The essentials: only for people aged 18 and over; you are responsible for how you use the Service, for what you post and for your meetings; misconduct is sanctioned (warning, suspension or permanent ban) and, if it may be a crime, we report it to the authorities; you can report and block anyone; subscriptions renew automatically until you cancel them, and you can cancel them at any time; you keep all the rights that the law of your country of residence gives you, and nothing in these terms limits them. If you reside in the United States, section 20 contains an individual arbitration agreement that you can opt out of within 30 days.
1. Who can use LEVIATHAN
To use the Service you represent and warrant that:
- You are 18 years of age or older and have the legal capacity to accept this contract under the law of your place of residence.
- You are the person in your profile, with real information, and you have only one account.
- You have not been convicted of sexual or violent offenses, human trafficking or crimes against minors, and you are not listed in a sex offender registry.
- We have not previously banned you from the Service, unless we authorize you in writing.
- You will use the Service in accordance with the law and these terms.
We may ask you at any time to confirm your age or identity, and suspend the account until you do. If we detect that a person is a minor, we suspend their account, keep the necessary evidence and then delete it.
2. Your account
You are responsible for keeping your access secure and for all activity on your account. Do not share it, do not sell it and do not use someone else’s. Let us know as soon as you suspect unauthorized access using the account form.
3. Conduct and community guidelines
You must respect the Community Guidelines, which form part of these terms. In particular, the following is prohibited:
- Any content or conduct that involves or sexualizes minors.
- Sharing, or threatening to share, intimate images or videos of another person without their consent, and sexual extortion.
- Offering or seeking sexual services in exchange for money or benefits, escorts, “compensated dating” or any form of exploitation or trafficking.
- Harassing, threatening, discriminating against others or promoting hatred or violence.
- Impersonating another person, creating fake profiles or using other people’s photos.
- Asking for money, investments or financial information, scamming, or promoting products or services.
- Using bots, automation, data extraction (scraping) or reverse engineering, or using data from the Service to train artificial intelligence systems.
- Interfering with the security or operation of the Service.
We may also act on conduct outside the Service when it affects people you met through LEVIATHAN or puts the community at risk.
4. Your content
You are responsible for the content you post or send (photos, videos, audio, text and messages) and you represent that you have the right to share it and that the people who appear in it are adults who consented. You retain ownership of your content.
You grant us a non-exclusive, royalty-free, worldwide and limited license to host, store, reproduce, adapt in format and display your content to the people you share it with, solely to operate, protect and improve the Service. The license ends when you delete the content or your account, except for what we must keep by law or for safety reasons as set out in the Privacy Notice. We do not sell your content.
Private content (for example, photos in your vault) is only seen by the people you give access to. Whoever receives it may not save, forward or publish it without your consent.
5. Moderation, sanctions and appeals
We use automated tools and human review to detect content and conduct that breach these terms. We may, but have no obligation to, review, blur or hide, remove or restrict content, limit features, suspend or delete accounts, and keep the evidence needed to protect the community or comply with the law. We prioritize serious reports, but review times are goals, not guarantees. The sanction will be proportionate to the seriousness; in serious cases (minors, exploitation, non-consensual intimate content, threats) we may act without prior notice and may notify the authorities.
Deadlines set by law do bind us. We remove intimate content published without consent within 48 hours of a valid request, the deadline required in the United States by the TAKE IT DOWN Act, which we apply in every country; you can make the request with the non-consensual intimate content form without an account, and the full process is explained in Removal of non-consensual intimate content. Orders from authorities are complied with within the time they specify.
If you believe we made a mistake, you can appeal within 6 months using the appeal form (category “My account”, subject “Appeal”). A person other than the one who made the decision will review your case and reply to you. We may not disclose details of a decision if doing so puts another person at risk.
6. Your safety and your meetings
LEVIATHAN DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS.
LEVIATHAN does not check its users’ criminal records and does not guarantee anyone’s identity, intentions or conduct; a verification badge does not mean that the person’s background has been checked. You decide whom you interact with and you are responsible for your meetings, inside and outside the app. Read the Online Dating Safety Awareness notice and our safety tips, and report any suspicious conduct. If you are in danger, call your country’s emergency services first.
7. Free plan, purchases, subscriptions and renewal
- Free plan. The free plan includes a daily number of likes and shows ads, as described in Plans and pricing. Rewarded ads are optional and their reward is delivered once it is confirmed that you watched the whole ad.
- Where to buy. Plans and individual purchases are sold only through Google Play and the App Store, which are the ones that charge you. We do not sell outside the stores.
- What each plan includes. What each plan and purchase includes is described in Plans and pricing and on the purchase screen. We only sell features that exist and work.
- Prices. Before buying you will see the price in your currency, the duration and what it includes. In Mexico, Latin America and Brazil the price shown by the store includes taxes; in the United States and Canada the store may add applicable taxes at checkout and shows you the total before you confirm. The price is the one shown by the store, the same for everyone in your country. We set a base price in US dollars for each region, North America (United States, Canada and Puerto Rico) and Latin America and the Caribbean, and the store charges it in your country’s currency. Your country is set by your Google Play or App Store account, never by your location, age, gender or orientation.
- Staged prices. The price of subscriptions for new purchases may rise in stages as the number of active members in your region grows, according to the table published in Plans and pricing. We publish every change there, with its date, at least 7 calendar days before it takes effect. If you already have a subscription, you keep your price while it stays active, renewals included: the increase only applies to new purchases. One-time purchases and the founder offer have a single price that does not change by stage.
- Automatic renewal. Subscriptions renew automatically at the end of each period, for the same term and at the same price, until you cancel them. We will tell you so prominently before you subscribe and ask for your express consent. We will notify you at least 5 calendar days before each renewal.
- Immediate cancellation. You can cancel whenever you want, without penalty: from the subscription management of Google Play or the App Store (in the app we take you there from Account and data → Manage subscription). You keep the benefits until the end of the paid period. Deleting the app or your account does not cancel the store subscription.
- Offers and trials. If at any time we offer a free trial or a launch price, it will be through the stores’ official offers, which show you beforehand its duration, the subsequent price and how to cancel. Whenever we run a promotion, we will publish its full terms in Plans and pricing while it is in effect.
- Consumable benefits (for example, visibility boosts). They are licenses of use within the Service; they do not expire, have no monetary value, are not transferable and are used up when used. Those included in the Elite plan are renewed every week or every month, and unused ones expire at the end of that period.
- Price changes. Stage increases do not change the price of an active subscription. If in any other case the price of your subscription changes, we will notify you in advance and the store will ask for your acceptance before charging you the new price; if you do not accept it, you can cancel without penalty.
- Refunds. If you exercise the right of withdrawal or cancellation within your country’s deadline (section 8), we refund you in full, even if you have already started using the benefits. Outside that period we do not refund periods that have already started or benefits already used, except in the case of an undue charge, a failure of the service attributable to us, or where the law requires it; you may file a claim at any time within the legal deadlines. Purchases made on Google Play or the App Store are refunded through the store: we help you request it and, where appropriate and the store does not process it, we refund you by other means.
- Receipts and chargebacks. The proof of payment is issued by the store. Disputing a charge with your bank or the store will never cause us to block your account; if the store refunds a purchase, we withdraw what that purchase granted.
8. Your consumer rights according to your country
In addition to the above, the consumer protection laws of your country, province or state of residence always apply and prevail over these terms where they cannot be waived. Nothing in these terms limits those rights. In section 19 you will find a summary by country and region: the period for withdrawing from a purchase where the law provides one, the consumer authority and how to file a claim.
How to file a claim from any country: use the claims form, which gives you a reference number and the response deadline, or write to us at support@meetleviathan.com; in Peru you can also use the Complaints Book. In Mexico we also serve customers by telephone at +52 55 8676 9884. If you are not satisfied with our answer, or at any time where the law of your country allows it, you can go to your country’s consumer protection authority or to the courts of your place of residence. We handle claims at Kioto 20, Col. Guadalupe Tlalpan, Alcaldía Tlalpan, C.P. 14388, Ciudad de México, México.
9. Termination and deletion of the account
You can delete your account whenever you want from the app or by following the steps in delete your account. We may suspend or close your account only if you breach these terms or the law, if there is a real risk to the safety of other people, or if it remains inactive for 2 years (in this case, giving you 30 days’ notice). If we close your account without you having breached these terms, we will refund the unused portion of your subscription. Sections that by their nature must remain in effect after termination (content kept by law, liability, governing law) will remain in effect.
10. Availability of the Service and third parties
We work to keep the Service available and secure, but it may have interruptions, errors or changes. We may modify or withdraw features; if this significantly affects a paid benefit, we will notify you and, where applicable, refund you the proportional part. In the free plan, the Service shows third-party ads served by Google AdMob, labeled “Ad”, and our own campaigns labeled “Sponsored”. We are not responsible for the advertised products or for the third-party sites they lead to, but you can report any inappropriate ad to us.
11. Limitation of liability
We do not guarantee that you will find matches, and we are not liable for the conduct of other users, inside or outside the app, except where the harm results from our breach, fault or negligence.
Nothing in these terms excludes or limits our liability for willful misconduct, gross negligence, harm to people’s life or physical integrity, or any right that the law of your country does not allow to be waived.
If you reside in the United States, section 20 also applies. In Quebec, Brazil and the countries of Latin America, no clause that excludes or limits our liability beyond what your country’s consumer protection law allows applies.
12. Your liability towards third parties
If you breach these terms or the law and this causes a third-party claim against LEVIATHAN, you will be liable for the damage your conduct caused, to the extent permitted by applicable law.
If you reside in the United States, this obligation is extended in section 20.4.
13. Intellectual property and infringement notices
The LEVIATHAN brand, design, software and content belong to us or are used by us under license; you may not copy or use them without authorization. If you believe that content infringes your copyright, trademark or image rights, use the copyright form stating who you are, the work or right affected, the specific profile or content, and a statement that the information is true. We will remove the content where appropriate and notify the person who posted it, who may respond. If it is an intimate image of you posted without your consent, use the intimate content removal process instead, which is faster.
Repeat infringement: in appropriate circumstances, we close the accounts of people who repeatedly infringe copyright. Notices and counter-notices under the U.S. Digital Millennium Copyright Act (DMCA) and our designated agent are explained in section 20.9.
14. Changes to these terms
If we change these terms, we will publish the new version with its date and, if the change is significant, we will notify you in the app or by email at least 15 calendar days in advance. Changes that affect your rights, the price of your subscription or the way disputes are resolved will require your express acceptance; if you do not accept them, you can stop using the Service and cancel without penalty.
15. Governing law and dispute resolution
These terms are governed by the federal laws of the United Mexican States. For any dispute, the parties submit to the competent courts of Mexico City, without prejudice to your right to go to the Federal Consumer Protection Agency of Mexico (PROFECO) or to the courts of your place of residence where the law so provides.
This general rule has exceptions that prevail over it: if you reside in the United States (including Puerto Rico and the U.S. Virgin Islands), section 20 applies, which includes an individual arbitration agreement; if you reside in Canada, the law of your province and Canadian federal law apply, and the courts of your province have jurisdiction; if you reside in Brazil, Brazilian law and the courts of your place of residence apply (see section 19). In any other country, the mandatory rules of your country also apply, and you can file your claim with the consumer protection authority or the competent courts of your place of residence. Outside the United States we will not ask you to waive that right or to submit to arbitration or foreign courts.
16. Contact
Conecta al Campo (Mexican tax ID, RFC, CCA190528QV0), Kioto 20, Col. Guadalupe Tlalpan, Alcaldía Tlalpan, C.P. 14388, Ciudad de México, México. Customer service, support, claims, legal matters and requests from authorities: contact form, which gives you a reference number and the response deadline (see the explanation in English). If you cannot use the form, write to us at support@meetleviathan.com, our only customer service email address. Customer service telephone in Mexico: +52 55 8676 9884. Emergencies from authorities are handled as set out in the guide for authorities. Data protection officer: Noel Carro Gusman, through the privacy form.
17. Language of these terms
We publish these terms in Spanish, English, Portuguese and French, with the same content. If the versions differ, the version in the language required by the law of your place of residence prevails: in Quebec, the French version, which is presented to you first; in Brazil, the Portuguese version; in Haiti, the French version; in Mexico, the other Spanish-speaking countries and Puerto Rico, the Spanish version; in the United States (except Puerto Rico), in Canada outside Quebec and in all other countries and territories, the English version.
18. Where LEVIATHAN is available
LEVIATHAN is offered in the countries and territories of the Americas listed below. We enable it in stages in each store: your country’s store tells you whether you can download it, and Plans and pricing shows the countries where plans and purchases are sold today.
- North America: Canada, the United States (including Puerto Rico and the U.S. Virgin Islands) and Mexico.
- Central America: Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.
- Caribbean: Antigua and Barbuda, the Bahamas, Barbados, Dominica, the Dominican Republic, Grenada, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines and Trinidad and Tobago; Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands; Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.
- South America: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela.
For now, LEVIATHAN is not available in Cuba or in the French territories of the Americas: Guadeloupe, Martinique, French Guiana, Saint-Barthélemy, Saint-Martin (French part) and Saint-Pierre-et-Miquelon. Nor is it available in any country or territory not on the list above. Do not create an account or use the Service from those places.
19. Annexes by country and region
These annexes summarize rights that the law of your country gives you; they do not replace or limit them. If an annex and the rest of these terms differ, whatever is more favorable to you as a consumer applies. To file a claim, follow the steps in section 8.
19.1 Mexico and Spanish-speaking countries
- Mexico: Federal Consumer Protection Law. Customer service telephone: +52 55 8676 9884; address: Kioto 20, Col. Guadalupe Tlalpan, Alcaldía Tlalpan, C.P. 14388, Ciudad de México, México; email: support@meetleviathan.com. Prices are shown as the total amount to pay, taxes included. You can go to the Federal Consumer Protection Agency (PROFECO).
- Colombia: Law 1480 of 2011. You can exercise the right of withdrawal within 5 business days following the purchase and request a payment reversal in the cases provided by law. Authority: Superintendency of Industry and Commerce (SIC).
- Chile: Law 19,496. You can exercise the right of withdrawal within 10 days following a distance contract, under the terms of the law. Authority: National Consumer Service (SERNAC).
- Argentina: Law 24,240 and the Civil and Commercial Code. You can revoke the contract within 10 calendar days and cancel the service through the same means you used to subscribe, using the withdrawal and cancellation buttons. Authority: National Consumer Protection Directorate (Federal Complaints Window).
- Peru: Consumer Protection and Defense Code (Law 29571). You can file a claim in our virtual Complaints Book (form in Spanish); we will reply within 15 business days. Authority: INDECOPI.
- Panama: Law 45 of 2007. Authority: Consumer Protection and Competition Defense Authority (ACODECO).
- Uruguay: Law 17,250 on Consumer Relations.
- Ecuador: Organic Consumer Protection Law.
- Paraguay: Law 1334/1998 on Consumer and User Protection. Authority: Consumer and User Protection Secretariat (SEDECO).
- Bolivia: Law 453 of 2013 on the rights of users and consumers.
- Venezuela: the consumer protection rules in force in your country apply. In-app purchases depend on the store offering them in Venezuela.
- Costa Rica: Law 7472 on the Promotion of Competition and Effective Consumer Protection. Authority: Ministry of Economy, Industry and Commerce (MEIC).
- El Salvador: Consumer Protection Law. Authority: Consumer Protection Office (Defensoría del Consumidor).
- Guatemala: Consumer and User Protection Law (Decree 006-2003). Authority: Consumer Assistance Directorate (DIACO).
- Honduras: Consumer Protection Law (Decree 24-2008).
- Nicaragua: Law 842 on the Protection of the Rights of Consumers and Users.
- Dominican Republic: General Law 358-05 on the Protection of Consumer or User Rights. Authority: National Institute for the Protection of Consumer Rights (Pro Consumidor).
In the countries on this list for which no period is indicated, if the law gives you a right of withdrawal you can exercise it within the legal period using the claims form, and we will refund you as set out in section 7. If we do not resolve your claim, you can go to your country’s consumer protection authority or to the courts of your place of residence.
19.2 Brazil
- The Consumer Protection Code (Law No. 8,078/1990), Decree No. 7,962/2013 and the Brazilian Internet Civil Framework (Law No. 12,965/2014) apply. Supplier: Conecta al Campo, Mexican tax registration (RFC) CCA190528QV0, Kioto 20, Col. Guadalupe Tlalpan, Alcaldía Tlalpan, C.P. 14388, Ciudad de México, México, support@meetleviathan.com.
- Right of withdrawal: you can withdraw from a purchase within 7 days of entering into it and receive a full refund (art. 49 of the Code).
- No clause of these terms that exonerates or attenuates our liability or imposes arbitration applies (art. 51 of the Code).
- Brazilian law applies and you can sue in the courts of your place of residence (art. 101 of the Code). You can file a claim with us in Portuguese and with Brazil’s consumer protection bodies.
- The Portuguese version of these terms prevails.
19.3 Canada and Quebec
- The law of your province or territory and Canadian federal law apply, and the courts of your province or territory have jurisdiction. No consumer in Canada is subject to mandatory arbitration or a class action waiver, and section 20 does not apply in Canada.
- Prices shown by the store may not include GST/HST or QST; the store shows you the total before you confirm.
- Ontario: the Consumer Protection Act, 2002 invalidates, for consumers, mandatory arbitration clauses and class action waivers.
If you reside in Quebec: the French version of these terms is presented to you first and prevails. Under the Consumer Protection Act (CQLR, c. P-40.1): no clause requiring arbitration or preventing you from taking part in a class action applies to you (s. 11.1); no clause exempting us from liability for our own acts applies (s. 10), including those in sections 11 and 20; and we will notify you of any change to these terms at least 30 days before it takes effect, with the option to cancel without penalty if you do not accept it (s. 11.2). The courts of Quebec have jurisdiction.
19.4 Caribbean and other territories
- English-speaking Caribbean (Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago) and British territories: the consumer protection laws of your country or territory apply. The English version prevails. We will not ask you to submit to arbitration, and the limitations in section 11 apply only to the extent your local law permits.
- Haiti: the mandatory rules of your country apply. The French version prevails.
- Suriname, Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands: the mandatory rules of your country or territory apply. The English version prevails.
- Puerto Rico and the U.S. Virgin Islands: section 20 applies. In Puerto Rico you can also go to the Department of Consumer Affairs (DACO).
In all of these places you can file a claim with the claims form and, if we do not resolve it, with the consumer protection authority or the courts of your country.
20. Additional terms for users in the United States
THIS SECTION APPLIES ONLY IF YOU RESIDE IN THE UNITED STATES, INCLUDING PUERTO RICO AND THE U.S. VIRGIN ISLANDS. IT DOES NOT APPLY IF YOU RESIDE IN QUEBEC OR ANYWHERE ELSE OUTSIDE THE UNITED STATES. If you reside in the United States, this section prevails over sections 11, 12 and 15 to the extent they conflict. Outside Puerto Rico, the English version of this section prevails.
20.1 Background screening
LEVIATHAN DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS.
Verification badges do not mean that a member has been screened. Read the Online Dating Safety Awareness notice before meeting anyone.
20.2 Member content and moderation
We are not the publisher or speaker of content provided by members. We may, but have no obligation to, monitor, review, restrict or remove content or accounts at our discretion, including content we consider objectionable (47 U.S.C. §230(c)). We aim to review serious reports promptly; review times are goals, not guarantees. Requests under the TAKE IT DOWN Act are handled within 48 hours as the law requires.
20.3 Assumption of risk and release
You are solely responsible for your interactions with other members, online and offline. You assume all risks of those interactions, including meetings in person. To the fullest extent permitted by law, you release LEVIATHAN, Conecta al Campo and their officers, employees and agents from claims and damages arising from the conduct of other members or third parties. This release does not cover our own fraud, gross negligence or willful misconduct. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
20.4 Indemnification
You will defend, indemnify and hold harmless LEVIATHAN, Conecta al Campo and their affiliates, officers, employees and agents from third-party claims, losses and reasonable attorneys’ fees arising from (a) content you submit, (b) your conduct on or off the Service, including with other members, (c) your breach of these terms or of the law, or (d) your infringement of another person’s rights. We may control the defense at our expense; you will cooperate. This does not apply to the extent a claim results from our own negligence or willful misconduct.
20.5 Disclaimer of warranties and limitation of liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$100. THESE LIMITS DO NOT APPLY TO OUR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR WHERE A LAW THAT CANNOT BE WAIVED PROHIBITS THEM.
New Jersey residents: sections 20.3, 20.4 and 20.5 apply to you only to the extent permitted by the Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 to 56:12-18) and the New Jersey Consumer Fraud Act.
20.6 Right to cancel within 3 business days
If you are a California resident: You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send an email, which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Conecta al Campo, Kioto 20, Col. Guadalupe Tlalpan, Alcaldía Tlalpan, C.P. 14388, Ciudad de México, México, or support@meetleviathan.com. (California Civil Code §1694 et seq.) You can also use the payments and refunds form. We will refund everything you paid.
We give the same right to cancel within 3 business days with a full refund to residents of Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin. We refund Google Play purchases directly; App Store purchases can only be refunded by Apple: we help you request it and, if Apple does not refund you, we refund you by other means.
20.7 Dispute resolution: individual arbitration
PLEASE READ CAREFULLY. THIS SECTION REQUIRES YOU AND US TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION, WAIVES THE RIGHT TO A JURY TRIAL AND TO CLASS OR REPRESENTATIVE ACTIONS, AND LETS YOU OPT OUT WITHIN 30 DAYS.
- Informal resolution. Before starting an arbitration or a lawsuit, send an individual notice to support@meetleviathan.com (subject “Dispute notice”) with your name, your account email, a description of the dispute and the relief you request. We will send ours to your account email. Both sides will negotiate in good faith for 60 days; either side may request an individual call. Limitation periods are tolled during that period.
- Arbitration. If there is no agreement, the dispute is resolved by individual binding arbitration governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.) and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. We pay all AAA and arbitrator fees beyond your consumer filing fee, and in California we pay them within the deadlines of Code of Civil Procedure §§1281.97 and 1281.98. Hearings take place by video or in the county where you live. The arbitrator decides the interpretation, applicability and enforceability of this section, except that a court decides questions about the class action waiver and the mass filing procedure.
- Class action and jury waiver. Claims may be brought only individually, not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate claims of different people or award class or representative relief. If for any reason a dispute proceeds in court, both sides waive a jury trial to the extent permitted by law.
- Mass filings. If 25 or more similar demands are filed by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules apply. Demands are administered in batches, starting with a bellwether batch of up to 10 demands selected by each side, followed by a global mediation before further batches proceed. Limitation periods are tolled for each demand while it waits.
- Exceptions. Either party may bring an individual claim in small claims court or seek injunctive relief in court for misuse of intellectual property. At your election, disputes relating to sexual assault or sexual harassment are not subject to this section (9 U.S.C. §§401-402). Requests for public injunctive relief under California law are severed and decided by a court after the arbitration.
- Opt-out (30 days). You can opt out of this section 20.7 by emailing support@meetleviathan.com with the subject “Arbitration opt-out”, or by using the contact form, within 30 days of the date you first accepted these terms or, if you already had an account, this version. Include your name and your account email. Opting out does not affect any other part of these terms.
- Severability. If the class action waiver is found unenforceable as to a claim, that claim proceeds in court and not in class arbitration. If any other part of this section is found unenforceable, the rest remains in effect.
20.8 Governing law
The Federal Arbitration Act governs section 20.7. Otherwise, these terms are governed by the laws of the State of Texas and applicable U.S. federal law, without depriving you of the protections of your state of residence that cannot be waived. Disputes that do not go to arbitration are resolved in the state or federal courts of the county where you live, unless the law provides otherwise.
20.9 Copyright: DMCA notices
We respond to notices of claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. §512). Our designated agent to receive them is the LEVIATHAN Copyright Agent, Conecta al Campo, Kioto 20, Col. Guadalupe Tlalpan, Alcaldía Tlalpan, C.P. 14388, Ciudad de México, México; telephone +52 55 8676 9884; email support@meetleviathan.com; form: copyright notice form. To send a notice or a counter-notice, email support@meetleviathan.com with the subject “DMCA” or use the form; we receive and handle them through these channels.
Notice. It must include: (1) a physical or electronic signature of the copyright owner or of a person authorized to act on their behalf; (2) identification of the copyrighted work; (3) identification of the material claimed to be infringing and information reasonably sufficient to locate it (for example, the profile or link); (4) your name, address, telephone number and email; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner’s behalf.
Counter-notice. If we removed your content and you believe it was removed by mistake or misidentification, you can send us a counter-notice through the same channels with: (1) your physical or electronic signature; (2) identification of the material removed and where it appeared; (3) a statement, under penalty of perjury, that you have a good-faith belief that it was removed by mistake or misidentification; and (4) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you live outside the United States, any judicial district in which we may be found) and that you will accept service of process from the person who sent the notice. We will send a copy to the person who sent the notice and restore the content 10 to 14 business days after receiving the counter-notice, unless that person first informs us that they have filed an action seeking to restrain the infringement.
Repeat infringers. In appropriate circumstances, we terminate the accounts of members who repeatedly infringe copyright.
This page is also available in other languages, with the same content. If the versions differ, the version in the language required by the law of your place of residence prevails: in Quebec and Haiti, the French version (in Quebec, under the Charter of the French Language); in Brazil, the Portuguese version (Consumer Protection Code, Law No. 8,078/1990); in Mexico, the other Spanish-speaking countries and Puerto Rico, the Spanish version; everywhere else, this English version.