TERMS AND CONDITIONS OF USE
Effective Date: January 25, 2017
Welcome to UBME!
These terms and conditions of use (this “Agreement” or “Terms”) contain the complete terms and conditions applicable to your (“you” or “your”) access to and use of the services and features available on UBME, Inc’s (“Company”, “we”, “us” or “our”) website and domains, including at www.UBMe.com and all of its webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), services available through our mobile application (the “App”) as well as any software that we provide to you that allows you to access either our Site or App (collectively, the “Services”), and any information, text, graphics, photos or other materials posted or submitted on or through our Services (“Content”) . YOUR USE OF OUR SERVICES CONSTITUTES ACCEPTANCE AND ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IMPORTANT NOTE : This Agreement contains a dispute resolution and arbitration provision, including class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with the Company. You may opt out of the binding individual arbitration and class action waiver as provided below.
Changes. Company may change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the App or the Site, by posting a notice on the Site, via email, text message, or through in-App notifications. By using the Services after we have updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Services.
Users. Through our Services, we provide simple and quick means for registered users to connect with their community, other users, or events that they or someone else has created.We refer to event organizers, attendees, and any other visitors or browsers of the Services collectively as “Users” or “you.”
1.General . You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences arising out of your use of the Services.Much, if not all, of the Content that you post on the Services will be viewable by Users or through third party services and websites, and you should only provide Content that you are comfortable sharing with others under this Agreement.
You acknowledge that the Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are not available at any time, without notice to you. You acknowledge that the Services are evolving and that their form and nature may change from time to time without notice to you. In addition, we may stop (permanently or temporarily) providing either the Website or App, or any features within the Services) to you or to Users generally at our sole discretion and may not be able to provide you with prior notice.
2. Access and Use Terms .
(a)General Access and Use Rights.Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access or use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; (b) communicate with other Users via our Services pursuant to this Agreement; or (c) if you are an event organizer, creating event registration, featured guest profile, organizer profile, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales proceeds for an event, in each case (i) in compliance with this Agreement; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations.
Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (c) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (d) remove or alter any proprietary notices or labels on or in the Services; or (e) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
In order to use certain features of the Services, you must register as a User with us. For registered Users, you access of the Services must be via login credentials provided by us (“Login Credentials”). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately at firstname.lastname@example.org if you believe that any of your Login Credentials has been or may be used without your permission so that appropriate action can be taken. You may not create more than one account to access the Services, share your Login Credentials with any third party or transfer your account with us to any third party. Company is not responsible for any loss or damage caused by, or expense incurred by you as a result of your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket the Services or provide access to the Services to any third party.
You may use the Services to post an event that you think will be interesting to other Users of the Services. You agree to post truthful information about any event that you post.If there is a website link for the event that you post, we ask that you include the website link so that other Users may find out more information about that event. If you post an event on our Services, and the event is cancelled, you agree to cancel your event on the Services at least 24 hours prior to the time that your event is scheduled to occur. If you consistently post events that are cancelled on the Services less than 24 hours before such event was scheduled to occur or do not cancel your event on the Services, then Company may terminate your Login Credentials and this Agreement in its sole discretion or restrict your ability to post events on the Services, and you will not be entitled to create a new account to access the Services if your prior Login Credentials have been terminated or restricted by the Company.
(b)Communications and Content.In connection with obtaining your Login Credentials, you may opt to receive emails from third party service providers and websites. If you prefer not to receive such emails, you may opt out by following the instructions in any such email or on our Services and you will be unsubscribed from receiving such emails in the future.
You may submit comments, suggestions, questions, or other information for publication and distribution to other Users or the general public, as the case may be, so long as such content is not unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content. If you decide to submit Content on the Services, you grant us an irrevocable, transferable, sublicensable, non-exclusive and royalty-free right to use, modify, reproduce, publish, disclose, display or adapt such Content throughout the world at our sole discretion.
Content on the Services may also be generated through web scraping and/or third-party websites (e.g., “Content Curation”). Content Curation is an automated process, where computers search or import Content that we believe may be of interest to our Users. We will arrange for information regarding those events to be posted on our Services but cannot guarantee the appropriateness or accuracy such Content.
Company does not assume any liability or responsibility for Content submitted by you, other Users, Content Curation, or third party content or materials posted or submitted on the Services. Company reserves the right to remove or edit Content, but is not obligated to review Content.Any use or reliance on any content or materials displayed on the Services is at your own risk.You agree and acknowledge that by using the Services, attending any event, or interacting with any other Users, including and especially offline, in-person interactions, you may be exposed to Content, materials, or experiences that might be offensive, harmful, inaccurate, misleading, deceptive, or otherwise inappropriate.Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, safety, or reliability of any Content or communications, or endorse any opinions, posted on the Services, and under no circumstances will Company be liable in any way for any Content or the acts of any of our Users. For example, but without limitation, the group running an event may cancel it, change the time or change the location, and our Services may not reflect the latest information on that event. We encourage you to validate the location and time of each event and verify any information you receive from other Users, through online and offline means, before acting upon it – especially as it relates to meeting Users offline, whether in public or private. COMPANY ENCOURAGES YOU TO USE CAUTION BEFORE YOU GO TO ANY EVENT OR MEET OR COMMUNICATE WITH USERS ONLINE OR OFFLINE; WE DO NOT VERIFY THAT ANY EVENT OR USER IS SAFE, REASONABLE, OR SUITABLE FOR YOU TO MEET OR ATTEND. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OF USERS.We reserve the right to conduct a criminal background check on you, and you hereby authorize such criminal background check. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY USERS OR EVENTS, INCLUDING WITHOUT LIMITATION REGARDING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION REGARDING SUCH USER PROFILES OR EVENTS, WHETHER POSTED BY USERS OR OTHERWISE.
We have the right, but not the obligation, to monitor Content submitted to our Services through an online discussion forum or chat room to determine compliance with this Agreement and any other applicable rules that we may establish.We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through the Services, or any other Content submitted to the Website or App. Without limiting the foregoing, we have the right to remove any material that we, in our sole discretion, find to be in violation of this Agreement or otherwise objectionable, and you are solely responsible for the Content that you post to the Services.
Finally, you represent and warrant that if you use the Services to post events or interact with Users, you will only act in your personal capacity and not as Company’s or any other party’s employee, agent, franchisee, or servant.You shall not hold yourself out as having authority to make contracts or promises on behalf of the Company.
(e)Term. This Agreement shall be in effect until terminated by either you or the Company as follows. Except to the extent you have agreed otherwise in a separate written agreement between you and an authorized a Company officer, you may terminate your access to the Services and these Terms by deleting your account. If you need help deleting your account, please contact us at email@example.com. In the event there is a separate agreement between you and the Company governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.
Except to the extent we have agreed otherwise in a separate written agreement between you and a Company officer, we may terminate your right to use the Services at any time for (a) your violation or breach of these Terms; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose us to legal liability; (d) at any other time in that we decide in our sole discretion. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that we shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.
All provisions of this Agreement that by their nature should survive termination of these Terms shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
3. Charges . Using our Services is currently free. We may choose to change our policy regarding fees from time to time.You may have to pay fees to attend an event that you find through our Services or to access additional portions of our Services.We cannot and do not verify whether an event is paid or free; you are responsible for verifying whether an event is paid or free and purchasing any necessary tickets.
4. Standards of Conduct and Applicable Law .
(a) Conduct. You may not use the Services to:
(1) post any Content or transmit via or through the Services any information, data, text, images, files, links, software, chat, communication or other content that is, or which Company considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
(2) introduce viruses, worms, Trojan horses, or harmful code to the Services or on the Internet;
(3) display material that exploits children under 18 years of age;
post any content or otherwise
infringe in any way or violate any copyright, patent,
(5) harass, embarrass, or cause distress or discomfort upon another Diner;
(6) impersonate any other person, including but not limited to, another User or Company official;
post or disclose any personally
identifying information or
(8) use the Services for the purpose of spamming anyone or for soliciting personal information, including credit card numbers;
(9) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services or in connection with your use of the Services, in any manner;
(10) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; or
(11) collect, save or otherwise download Content from our Services using automated means such as bots, robots, or scrapers.
Company reserves the right, without prior notice and in its sole discretion, to decide whether your Content violates these terms and conditions for any of the above reasons or for any other reason, and if Company does so, to remove such Content and/or terminate your access to certain areas of the Services.
(b) Applicable Law. Your use of the Services is subject to all applicable, local, state, national laws and regulations. You may only use the Services for lawful purposes. You shall not use or allow others to use the Services in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy.If you share Content using the Services, then you are solely responsible for ensuring that such Content conforms to the standards of conduct set forth herein.
5. Intellectual Property Rights; Restrictions .
(a) Restrictions.You shall not, and shall not permit any person or entity to: use the Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; alter, enhance, or make derivative works of the Services; reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Services or any software component of the Services; use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; and/or act in a fraudulent, tortious, malicious, or negligent manner when using the Services.
(b) Ownership.You acknowledge that the structure, organization, and code used in conjunction with the Services are proprietary to Company and that Company and/or its licensors, if any, retain exclusive ownership of the Services, documentation, and any other intellectual property rights relating to the Services, including without limitation all modifications, enhancements, derivatives, and other software and materials relating to the Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the Services including without limitation any modifications, enhancements, derivatives, and other software and materials provided hereunder by Company or copies thereof to others in violation of this Agreement.
(c) No Other Rights . Except as expressly set forth in this Agreement or other written agreement between you and Company, no license or other right in or to the Services or any content provided thereon are granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
(d) Feedback and Suggestions . You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Company by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Company or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the Company’s property.
All Feedback and Revisions become the sole and exclusive property of Company, and we may use and disclose Feedback, Revisions, or both in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. you hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in our favor. At Company’s request, you will execute any document, registration, or filing required to give effect to these provisions.
6.Limited Warranty .
(a)Warranties; Disclaimer.As a condition of your use of our Services, you warrant that (i) you are at least 13 years of age and a legal resident of the US or Canada; (ii) if you are older than 13 but not yet 18 years of age, you will not use our Services without the close supervision of a parent or legal guardian; (iii) you possess or will acquire the legal authority to create a binding legal obligation; (iv) you will use this Services in accordance with this Agreement; (v) all information supplied by you on or through our Services is true, accurate, current and complete, and (vi) if you have an account with us, you will safeguard your account information, including Login Credentials, and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny you, any other User, or anyone else access to the Services, at any time and for any reason, including without limitation for violation of this Agreement.
(b)Disclaimers.YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “UBME PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.Limitation of Liability. THE UBME PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE UBME PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE UBME PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8.Indemnification . You agree to defend, indemnify and hold UBME Parties harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of you uploading Content, creating an event, or communicating or interacting with Users or anyone else on or through our Services, whether offline or online, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of our gross negligence or willful misconduct. We shall provide notice to you of any such Claim, provided that the failure or delay by Company in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.
A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: providing the indemnifying party with prompt written notice of such claim, action or proceeding, permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information.No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.
9. Forum and Venue . If you are a User located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the District of Massachusetts or a state court located in Suffolk County, Massachusetts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
10. Governing Law . The laws of the State of Delaware govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between the Company and you, without regard to conflict of law provisions.
11. Special Arbitration Provision for United States or Canada Users.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
Note that many customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. We ask that you please contact us if you have any concerns.
“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between us and you is subject to arbitration.
Agreement to Arbitrate for Users Located in the United States or Canada. For Users located in the United States or Canada, Company and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Company and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Company and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.
Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
543 West 3rd 1a
Bethlehem, PA 18015
United States of America
You must include: (1) your name and residence address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a User of our Services located in the United States or Canada, each party (we and you) may bring Disputes against the other only on our or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.
Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.
12. Notice and Takedown Procedures; Copyright Agent . Company respects the intellectual property of others and asks that Users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our Services who are repeat infringers of intellectual property rights, including copyrights.If you believe that one of our Users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Attn: Copyright Agent
543 West 3rd Street 1A
Bethlehem, PA 18015
(a)Links to Third-Party Web Sites. The Services may contain links to non-Company web sites. These links are provided to you as a convenience, and Company is not responsible for the content of any linked web site. Any non-Company web site accessed from the Services is independent from Company, and Company has no control over the content of that web site. In addition, a link to any non-Company web site does not imply that Company endorses or accepts any responsibility for the content or use of such web site.
(b)No Implied Endorsements.In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.
(c)Assignment.You may not assign or transfer this Agreement in whole or in part to any third party. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns.
(e)Export Restrictions.The laws of the
(f)Headings; Severability.The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(h)iOS App; Parties Relationship.Although your use of our iOS App must comply with Apple’s then-current App Store Terms of Service, you acknowledge that these Terms are between Company and you, not Apple, Inc. (“Apple”).You further agree that Company, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You recognize that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App; and Company is responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
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