Terms & Conditions

Last updated: June, 2024

Welcome to Marathon of AI Moans by EVA AI & Scarlit Scandal!

The Marathon of AI Moans by EVA AI & Scarlit Scandal is an award program provided by Novi Limited (“Company”) for individuals who have a valid EDEN AI by EVA AI account.

These Terms of Use (“Terms”) govern your participation in Marathon of AI Moans by EVA AI & Scarlit Scandal (collectively as “Marathon of AI Moans by EVA AI & Scarlit Scandal”, "us", "we", or "our"), which is offered through our website http://evaaimoans.com and its subdomains (the “Website”).

Your access to and participation in Marathon of AI Moans by EVA AI & Scarlit Scandal is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to participate in Marathon of AI Moans by EVA AI & Scarlit Scandal.

The aforementioned defines the conditions for participation in Marathon of AI Moans by EVA AI & Scarlit Scandal.

When you participate in Marathon of AI Moans by EVA AI & Scarlit Scandal, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By participating in Marathon of AI Moans by EVA AI & Scarlit Scandal, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from participating in or accessing Marathon of AI Moans by EVA AI & Scarlit Scandal.

1 OUR FEATURE

1.1 Marathon of AI Moans by EVA AI & Scarlit Scandal offers you an opportunity to participate in a gift raffle from EDEN AI by EVA AI for a chance to win a prize (“PRIZE”).

EDEN AI by EVA AI is a provider of software and content developed to improve your mood and wellbeing.

Despite that, we neither provide healthcare or medical service, nor consider our service to be medical care, mental health service or other professional service. Only your doctor, therapist or any other healthcare provider can do that. EVA AI MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICE PROVIDES A THERAPEUTIC AND/OR HELP.

1.3 Please do not use our service for emergency situations. Provided you suggest having a medical or mental health emergency, call ambulance or go to the doctor or therapist. We are not liable for any mental disorders or tendency to suicide of users.

2 PARTICIPATION IN MARATHON OF AI MOANS BY EVA AI & SCARLIT SCANDAL

2.1 By participating in Marathon of AI Moans by EVA AI & Scarlit Scandal, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of their terms and conditions. You also represent and warrant that you are at least 18 years old.

2.2 If you want to participate in Marathon of AI Moans by EVA AI & Scarlit Scandal, you should insert your email in the form on our Website and press the button “SHARE INFO & SEND”.

2.3 Registration for participation in Marathon of AI Moans by EVA AI & Scarlit Scandal will run from 1 July 2024 to 30 July 2024.

2.4 Participants of Marathon of AI Moans by EVA AI & Scarlit Scandal are eligible to win 1 (one) of 100 (one hundred) the following PRIZES:

• Vinyl record with recordings of Scarlit Scandal's moans of sexual pleasure, and
• Our merchandise – women's panties.

2.5 The draw date is 1 August 2024.

2.6 Winners of PRIZE will be selected randomly. Drawing may be done through an electronic script at our sole discretion, which will randomly select the winners by using a computer script designed to select random entry or entries. Winners of PRIZE will be notified by email, and the PRIZE will be sent within 15 days of the draw. If a Prize winner is disqualified for any reason, we may award the applicable Prize to an alternate winner by randomly drawing from the remaining eligible entries.

2.7 The PRIZE is solely for your personal use. We make no warranties regarding the PRIZE, and the winner(s) may not substitute a prize. All taxes, fees, and surcharges on PRIZE are the sole responsibility of the winner.

3 INTELLECTUAL PROPERTY RIGHTS

3.1 We own licenses or otherwise retain all intellectual property rights in the Marathon of AI Moans by EVA AI & Scarlit Scandal, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

3.2 Copyright policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

4 LINKS TO OTHER WEBSITES

4.1 Our Website may contain links to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites

4.2 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

4.3 We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit

5 INDEMNIFICATION

You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website or participating in Marathon of AI Moans by EVA AI & Scarlit Scandal by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

6 LIMITATION OF LIABILITY

Except in jurisdictions where such provisions are restricted, in no event shall we, nor our directors, employees, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or participation of or inability to access or participation in Marathon of AI Moans by EVA AI & Scarlit Scandal; (ii) any conduct or content of any third party in Marathon of AI Moans by EVA AI & Scarlit Scandal; (iii) any content obtained from the Marathon of AI Moans by EVA AI & Scarlit Scandal; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the participation in Marathon of AI Moans by EVA AI & Scarlit Scandal.

7 DISCLAIMER

7.1 Your participation in Marathon of AI Moans by EVA AI & Scarlit Scandal is at your sole risk. Marathon of AI Moans by EVA AI & Scarlit Scandal is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance

7.2 We and our subsidiaries, affiliates, and licensors do not warrant that a) Marathon of AI Moans by EVA AI & Scarlit Scandal will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the results of participation in Marathon of AI Moans by EVA AI & Scarlit Scandal will meet your requirements and expectations or success.

7.3 WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING PARTICIPATION IN MARATHON OF AI MOANS BY EVA AI & SCARLIT SCANDAL OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s participation in Marathon of AI Moans by EVA AI & Scarlit Scandal or use of the PRIZE.

DISPUTES

Section applicable to NON-US RESIDENTS: You acknowledge that the transactions involving your use of the Website took place in the country of incorporation of the company owning EVA AI. Any dispute or claim relating in any way to your visit to Website will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the company owning EVA AI.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in these Terms, as a court would.

The LCIA’s Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA’s rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 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 RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You will attempt to resolve all disputes with respect to the Marathon of AI Moans by EVA AI & Scarlit Scandal through communication with our customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this Section.

Section applicable to US RESIDENTS: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MARATHON OF AI MOANS BY EVA AI & SCARLIT SCANDAL. You thus give up your right to go to court to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).

Any dispute or claim relating in any way to your participation in Marathon of AI Moans by EVA AI & Scarlit Scandal shall be resolved in the following manner.

a. Informal Process First. You agree to first contact our customer support by email and attempt to resolve the dispute with us informally for a period of 60 days

b. Binding Arbitration.f the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Marathon of AI Moans by EVA AI & Scarlit Scandal and/or these Terms, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.

c. Arbitration Tribunal.he American Arbitration Association («AAA») will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules («CPLR») § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.

d. Arbitrator and Rules.If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.

e. Location of Arbitration.The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.

f. Costs and Fees.Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules.

g. Starting an Arbitration.A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.

h. Your Right to Sue in Small Claims Court.Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against Marathon of AI Moans by EVA AI & Scarlit Scandal.

i. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

9 GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the Republic of Cyprus without regard to its conflict of law provisions.

10 YOUR PRIVACY

At Marathon of AI Moans by EVA AI & Scarlit Scandal, we respect the privacy of our users. For details, please see our Privacy Policy. By participating in Marathon of AI Moans by EVA AI & Scarlit Scandal, you consent to our collection and use of personal data inserted in the form on our Website.

11 CONTACT US

If you have any questions about these Terms, please contact our Customer Support Team:

Novi Limited, reg. number HE 407352, Aglantzias, 62, EKATERINI NICOSIA BUSINESS, Flat/Office 213 CENTER, Aglantzia, 2108, Nicosia, Cyprus