Effective as of 9. August 2016.
CAREFULLY READ THIS AGREEMENT. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE. BY VISITING THE WEBSITE OR APP OR OTHERWISE USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND TO ABIDE BY ALL APPLICABLE LAW, YOU MUST DISCONTINUE USE OF THE SERVICE IMMEDIATELY.
1. Changes to this Agreement and the Service
We reserve the right to change any of the terms of this Agreement by posting the revised terms on the Website and/or by sending an email to the last email address that the Member has given to us. Any such change shall be effective immediately with respect to all then existing Users as of the date of the earlier of any such post or any such email. We reserve the right to make changes to the Website, any App, or other feature or part of the Service, at any time, without prior notice.
You must be at least 13 years of age to register as a Member. By agreeing to this Agreement and/or using the Service, you represent and warrant that you are at least 13 years of age and your use of the Service does not violate any applicable law or regulation. You must register as a Member to Post, Comment and/or Vote (each as defined below). We may add additional Member-only functionality in the future. However, we reserve the right to deny and/or revoke any individual’s membership at any time, with or without cause, with or without prior notice or explanation, and without liability. Unless terminated by us in our sole discretion, this Agreement remains in full force and effect while you use the Service. Even after your Member account or access to the Service is terminated by us or by you, this Agreement will remain in effect with respect to your past and future use of Service. You may terminate your membership at any time, for any reason, by deleting your account. Any rights to your account terminate upon your death. Your access to and use of certain features or parts of the Service may require you to accept additional terms and conditions applicable to such Service, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
“Post” means, depending on the context, either for a Member to add videos, audio, photographs, illustrations, graphics, music, text, layouts and/or computer code or other content, including any information about You that accompanies a Post (“Personal Details”), which may include, for example, your user name, picture and status included therein (collectively, “Content”) to the Service or Content that is added to the Service by a Member. The Content may be in any form or format we permit including, but not limited to, audio-visual, audio, text, or photographic and may include, but is not limited to, questions, requests for advice, Comments, choices for Members to vote on and feedback (“Voting” or “Vote”). An “Unrestricted Post” means a Post that can be viewed by anyone. Posts are Unrestricted by default. “Restricted Post” means a Post which is intended to be viewed only by a group of individuals selected by the Member creating the Post, as made available by the Service, for example, only your friends/followers. “Responsive Post” means a Post that is in response to an earlier Post. Responsive Posts include, but are not limited to, comments in connection with voting or otherwise relating to a Post (“Commenting” or “Comments”). Unless approved in advance by us, You may use the Service for your personal use only and not for commercial purposes. Except as provided in this Agreement, or as explicitly permitted on the Service, you may not copy, download, reproduce, make derivative works thereof, modify, retransmit, redistribute, sell, frame or deep-link, link to, make available, or otherwise use the Service or any Content contained in or through the Service. You may leave your Posts Unrestricted or, except as explained below, elect to make them Restricted. A Restricted Post is intended to be viewed only by a group of individuals selected by the User creating the Post. You understand that although we will exert commercially reasonable efforts to keep Restricted Posts viewable only as designated, however, there is no guaranty that people who are unauthorized will not gain access to a Restricted Post. In this regard anyone who uploads a Restrictive Post assumes the risk that the Post will be viewed by people who are not authorized to view it. Responsive Posts are automatically restricted or unrestricted depending on the settings of the Post to which they respond. Any Personal Details associated with a Post may be viewable in accordance with such Post’s settings. Posts may expire and be removed from the Service in our sole discretion.
4. Grant of Licenses and Member Warranties
(a) By Posting, You hereby grant us a non-exclusive, royalty free, fully paid, irrevocable, perpetual, fully sublicensable, worldwide license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, broadcast, reproduce, sublicense, and distribute such Post, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes (“Use”) any part or all of your Post, including, without limitation, your Personal Details, image or likeness (collectively, “Image”) and/or voice that relate to a Post, including without limitation, in providing and/or as part of the Service. In addition, with respect to Unrestricted Posts, you hereby grant us a non-exclusive, royalty free, fully paid, irrevocable, perpetual, fully sublicensable, worldwide license to Use such Unrestricted Posts: on any other service, network, platform or media including, but not limited to, broadcast radio and television, DVDs, CDs, satellite radio and television, cable television and webcasts; to promote the Service, or any other permitted Use, on any service, network, platform or in any media; subject to 5 below, Use it for and in connection with Products and Merchandising. Such license includes the right to Modify your Posts and change and/or add categories and your waiver of any rights to require us to provide attribution credits. “Modify” means to edit, change or modify for any reason including, but not limited to, to make Posts, and questions and answers relating to Posts, less aggressive and/or threatening, to remove language that could be considered racist or otherwise disparaging of any individual or group and/or to improve clarity. Such modifications may be made to any Unrestricted Post and questions or answers relating to that Post. We may also Use any suggestions made to us freely and without any obligation to you or anyone else.
(b) In connection with the license granted to us above, on your own behalf, and on behalf of all other individuals appearing in, or who are otherwise identifiable in or contribute to, your Unrestricted Posts, you grant us a license to Use the Post, including, without limitation, any Personal Details, Image and Content of any individual who appears in or contributes Content to any Unrestricted Post of yours, release us from all privacy and publicity rights restrictions that could otherwise apply, waive any and all rights to restrict our making changes to your Posts, and waive all rights to require us to provide attribution credits.
(c) You represent and warrant that you have full authority to grant us the rights referred above including all needed copyrights and including all needed waivers of rights of privacy and publicity.
(a) You hereby grant us a non-exclusive, royalty free, fully paid, irrevocable, perpetual, fully sublicensable, worldwide license to Use any part or all of your Unrestricted Posts, including, without limitation, your Personal Details and/or Image that relate to an Unrestricted Post: in and/or as part of any Product (as defined below) and/or to promote the sale of any Product. Such license includes the right to Modify your Posts and a waiver of any and all rights to require us to provide attribution credits.
(b) In connection with the license granted to us in (a) above, on your own behalf, and on behalf of all other individuals appearing in, or who are otherwise identifiable in or contribute to, your Unrestricted Posts, you grant us a license to Use the Unrestricted Post, including, without limitation, any Personal Details, Image and Content of any such individual included therein, release us from all privacy and publicity rights restrictions that could otherwise apply, waive any and all rights to restrict our making changes to your Posts, and waive all rights to require us to provide attribution credits.
(c) You represent and warrant that you have full authority to grant us the rights referred to in 5(a) and 5(b) above including all needed copyrights and including all needed waivers of rights of privacy and publicity.
(d) “Product” means a tangible product with one or more Posts, including, any Personal Details and/or the Image of a Member.
6. Acceptable Use and Restrictions Regarding
In connection with using the Service, you represent and warrant that you will not, and will not permit others to:
(a) Infringe any intellectual property rights of a third party;
(b) Make any statement or Post any Content that could be reasonably construed as: discriminatory, racist or a slur directed at any race, ethnicity or religion or otherwise disparaging to another person; defamatory, false or fraudulent or expose another person to ridicule or that may cause another person emotional harm; discriminatory, obscene, offensive, violent, vulgar, threatening, bullying or indecent; or pornographic, inclusive of nudity, sexually explicit.
(d) Unless we have granted you written permission, use this Service for your own commercial purposes or the commercial purposes of any third party such as to advertise or promote products or services of anyone other than us;
(e) Use the Service in any way that threatens the integrity, performance or availability of the Service;
(f) Use the Service to compile data about our Members;
(g) Reverse engineer, decompile or disassemble the computer code for the Service; (h) Use the Service to help design or promote a competing or similar service;
(i) Commit, or attempt to commit, aid or abet any action that may threaten the Service or the Network, whether deliberately, negligently or innocently, which shall include but is not limited to:
(i) an attempt to crash the Service host or network;
(ii) "denial of service" attacks, or "flooding" attacks against the Service host or network;
(iii) any attempt to circumvent the user authentication or security of the Service host or network;
(iv) the creation, transmission, storage, or publication of any kind of virus or corrupting program or corrupted data; or
(v) any other action that may adversely affect the Service. We shall have the right to suspend or terminate the Service, and to take such defensive action as may at our sole discretion be deemed necessary in the event of any attack upon the Service;
(j) Post any Content that discloses confidential or otherwise protected information of others; or
(k) attempt to facilitate, induce or encourage others to do any of the following. Violation of any of the above will result in the immediate revocation of any rights you may have to use the Service and the termination of your Member account within 24 hours. There is no tolerance for objectionable content on the Service.
7. Behave and Be Safe Notice
You agree to conform to the rules of our Behave and Be Safe Notice and further agree to exercise utmost caution in connection with, and accept full responsibility for, any personal contact you make with any Member or Visitor.
During the Term of this Agreement, you shall have the following obligations, in addition to those set forth elsewhere in this Agreement:
(a) You shall be solely responsible for your connection to the Internet and shall maintain a valid IP address to enable you to use the Service. You shall conform to the protocols and standards published on the Internet from time to time and adopted by the majority of Internet users.
(b) You shall be solely responsible for your activities (and the activities of anyone else who obtains access to your account or password due to actions or inactions by you including, but not limited to, the activities of your family members, apartment mates, house mates and friends) in using the Service.
The Service may, from time to time, enable you to accumulate or earn status, points or rewards (collectively “Rewards”), for example, by engaging in certain activities and/or achieving certain milestones, including, without limitation, by displaying Rewards totals, status or rankings within the Service. We reserve the right in our sole discretion to establish, control and limit the means of earning Rewards or to expire your Rewards after a specified period of time. Rewards have no “real world” or cash value. You have no ownership interest in accrued Rewards and Rewards do not constitute your property. Rewards have no purpose or use except as a means of recognizing Members through accolades on the Service or redemption of the Service. Rewards cannot be redeemed by, or sold or otherwise transferred to, any other person. Gaming, fraud, abuse or otherwise taking any action that gives an unfair advantage vis-à-vis other participants or results in the gaining of Rewards in a manner inconsistent with the applicable program or this Agreement will result in forfeiture of accrued Rewards and/or termination of your account on the Service, in our sole discretion. Our decisions regarding Rewards and any applicable programs or redeemed awards shall be final and binding. In addition, we reserve the right to take appropriate legal action, including criminal prosecution, as it deems necessary in its sole discretion.
10. Disclaimer; Limitation of Liability
You acknowledge that any advice you receive from other Members is not warranted in any way and is not professional advice and cannot be relied upon for medical, legal, engineering, financial or any other purpose. You agree not to rely upon any such advice from any Member or otherwise through the Service. Content, advice, Votes and Comments given or posted and links out of the Service cannot be relied upon for accuracy. The Service is not reviewed by us for accuracy and Posts, Comments, Votes, etc. are not endorsed by us. We are not responsible for the actions of any of our Members or advertisers or to any information to which we provide links. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such services. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE SERVICE IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AS TO NON-INFRINGEMENT, RELATED TO THE SERVICE SUPPLIED HEREUNDER. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR SUPPLIERS' ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF, THIS AGREEMENT OR THE SERVICE, IS LIMITED TO THE AMOUNT CHARGED FOR THE SERVICE DURING THE ONE (1) CALENDAR MONTH JUST PRIOR TO THE DATE OF THE EVENT GIVING RISE TO ANY LIABILITY (WHICH WILL IN MANY CASES BE NOTHING). UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WE OR ONE OR MORE OF OUR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSSES OR EXPENSES RELATING TO INTERRUPTION OF BUSINESS ACTIVITIES, OR LOSS OF DATA, WHETHER OR NOT WE WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
To the extent permitted under applicable laws, you hereby release us, our owners, advertisers, sponsors, our suppliers and providers of any of our Apps, affiliated and related companies and any of their respective directors, managers, officers, employees and agents (the “Released Parties”), from any liability related to the Service, including, without limitation, the Website and any App, even if resulting from our own negligence, or the negligence of any of the other Released Parties, including, but not limited to
(a) the conduct, whether online or offline, of any User of the Service or any other individual;
(b) any loss or damage caused by any incorrect or inaccurate Content;
(c) any personal injury or damage resulting from a meeting, date or other encounter between you and any of our Users and (d) any defect, omission, interruption, deletion, or error. You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We recommend good password hygiene be followed by all Members. It is the Member's responsibility to keep passwords confidential, and to change passwords on a regular basis. We are not responsible for any data losses or security issues due to stolen or hacked passwords. We recommend the use of passwords that contain letters, numbers, and symbols to lessen the chance of unauthorized access. Our support does not have access to existing passwords. For security reasons, our support can only reset passwords.
Members are permitted to enter into contests, sweepstakes and other promotions (“Contests”) hosted by us or third parties through our Service. Contests may be changed from time to time, and the rules relating to any Contest may be changed from time to time.
You agree to indemnify and hold us, and any of the other Released Parties harmless, from any losses, including but not limited to, attorney fees made by any third party due to or arising out of or in connection with your use or misuse of the Service, including, without limitation, the Website and App(s) (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Post through the Service.
15. Geographic Restrictions
The owner of the Service is based in United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Removal of Material that Infringes Copyrights
(a) We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User or a user’s access to and use of the Service if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act: (i) provide your physical or electronic signature; (ii) identify the copyright work that you believe is being infringed; (iii) identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website; (iv) provide us a way to contact you, such as your address, phone number or email address; (v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and (vi) provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
(b) Company’s Copyright Agent: Nicolas Henry email: email@example.com
17. Third Party Licenses
18. Subpoena and Compliance Fees
You agree to pay our costs (and commercially reasonable fees for the time and effort required of our employees) for complying with subpoenas, information storage, retrieval, management, and advisory services relating to your use of the Service.
19. Export Controls
You agree to comply with all applicable U.S. export control laws and regulations as from time to time amended, including without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State. You shall not export, import or transfer the Service contrary to U.S. or other applicable laws, whether directly or indirectly, and will not cause, approve or otherwise facilitate others such as agents of or any third parties in doing so. You represent that neither the United States Department of Commerce nor any other federal agency has suspended, revoked or denied you export privileges. You agree not to use or transfer the Service for end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S. Government by regulation or specific license.
20. Choice of Law; Jurisdiction
This Agreement shall be governed by the laws of the New York, and of the United States of America, excluding (i) their respective conflicts of law principles and (ii) the United Nations Convention on Contracts for the International Sale of Goods. Each of the parties further agrees that any dispute related to this Agreement will be decided by state courts located in New York, and agrees that the parties are subject to the jurisdiction of such courts in such locality.
21. Class Actions Barred
YOU HEREBY AGREE THAT YOU WILL NOT INITIATE OR PARTICIPATE IN ANY CLASS ACTION PROCEEDING FILED AGAINST US AND/OR ANY OF THE OTHER RELEASED PARTIES ARISING FROM OR RELATED TO THIS AGREEMENT.
22. Time Limit For Filing Claims Against Us
You hereby agree that any claim you have against us and/or any other Released Parties arising from or related to this Agreement will be waived if a lawsuit is not filed in an appropriate court within six (6) months of the date the claim arises and pursued to completion or resolution.
24. Social Networks
You may, in the course of using the Service, enable us to obtain information from one or more social networks. If you do not wish us to have such access, it is your responsibility to change your preferences with such networks and to the extent you permit us to have access, you authorize us to use and disclose such information to the same extent as information you provide to us directly.
25. Forms and Formats
Notwithstanding any other term of this Agreement, any reference in this Agreement to hardware, software, firmware, media, platforms, services, networks, devices and the like includes both known and not yet known and existing and not yet existing successors, alternatives, substitutes, replacements, revisions, forms and formats.
Advertising and promotion is permitted with any Post only with our prior written consent including agreement on all related charges. Any advertising or promotion Posted on our Service without an advance agreement will require a payment of $5,000 per Post per day, or part of a day, and will be subject to removal by us at any time without prior notice and termination of your rights as a User. Advertising and promotion not screened by us will likely not be compatible with our Service and will cause damage to our brand that will not be ascertainable but the parties agree that the above daily sum is a reasonable pre-estimate.