These Terms of Service constitute an agreement made between you, whether personally or on behalf of an entity (“you”) and CloutHub, Inc. ("Company", “we”, “us”, or “our”), concerning your access to and use our mobile applications (“Apps”), or otherwise connected third-parties. You agree that by accessing the Apps, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Apps from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Service and will notify you of changes using the e-mail linked to your account. We recommend you periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Apps after the date such revised Terms of Service are posted and sent to your e-mail of record)
CloutHub® is currently available for users in the United States and Canada. The services and information provided on the Apps are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Apps from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
To create a CloutHub Account, users must be at least 16 years of age.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, and CloutHub created audio, video, text, photographs, and graphics on the Apps or our company website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Apps “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Apps and no CloutHub created Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Apps, the Content and the Marks.
By using the Apps, you represent and warrant that:
1. You have the legal capacity and you agree to comply with these Terms of Service.
2. You are not under the age of 16.
3. You will not access the App through automated or non-human means, whether through a bot, script, or otherwise.
4. You will not use the Apps for any illegal or unauthorized purpose.
5. Your use of the Apps will not violate any applicable law or regulation.
You are required to register with the Apps. You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is an impersonation of another person or entity intended to deceive, contains a misleading professional title or contains language prohibited by our Terms of Service. If you believe a user is impersonating you or your entity/organization in this manner, please contact firstname.lastname@example.org.
PROHIBITED CONTENT AND BEHAVIOR
You may not access or use the Apps for any purpose other than that for which we make the Apps available. The Apps may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. This section applies to all public areas of the Apps.
As a user of the Apps, you agree not to:
1. Make any unauthorized use of the Apps, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses or any other violation of CANSPAM.
2. Users will comply with our policy on the use of the App to advertise or offer to sell goods and services in the public timeline.
3. Circumvent, disable, or otherwise interfere with security-related features of the Apps, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Apps and/or the Content contained therein.
4. Systematically retrieve data or other content from the Apps to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
5. Engage in unauthorized framing of or linking to the Apps.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments, abuse or misconduct reports or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Interfere with, disrupt, or create an undue burden on the Apps or the networks or services connected to the Apps.
10. Attempt to impersonate another user or person or use the username of another user.
11. Sell or otherwise transfer your profile.
12. Use any information obtained from the Apps in order to harass, abuse, or harm another person.
13. Use the Apps as part of any effort to compete with us or otherwise use the Apps and/or the Content for any unauthorized revenue-generating endeavor or commercial enterprise.
14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Apps.
15. Attempt to bypass any measures of the Apps designed to prevent or restrict access to the Apps, or any portion of the Apps.
16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Apps to you.
17. Delete the copyright or other proprietary rights notice from any Content belonging to CloutHub.
19. Upload or transmit (or attempt to upload or to transmit) malware including but not limited to viruses, Trojan horses, or other material.
20. Engage in behavior that interferes with any party’s uninterrupted use and enjoyment of the Apps or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Apps. This includes spamming (continuous posting of repetitive text or continually mentioning a user in rapid succession with no response or after being asked to stop).
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”) 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms” or any other type of malware.
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Apps, or using or launching any unauthorized script or other software.
23. Use the Apps in a manner inconsistent with any applicable laws or regulations.
24. CloutHub® strongly supports and protects the free speech of our users and the free and open exchange of information. We welcome diverse political opinions and differing points of view on any topic of interest. We encourage users to engage in passionate, and vibrant discussions of today’s trending issues, challenges and culture.
25. We recognize that sometimes users will express their opinions about other users, in terms of questioning motives, competence, level of knowledge or disagreement on issues. However, CloutHub® does not permit derogatory language meant to inflame and deliberate slurs. You may view a complete list of the words and phrases that will not post on our platform here (insert link) The list contains language users may find offensive if they choose to view it. It is for your information only.
26. The following behavior is prohibited on the platform and may result in permanent suspension of the user’s account:
• Because of our commitment to user safety, CloutHub® will not tolerate the doxing of users on our platform. Doxing is the public posting of information about another user that is not part of their public profile on our Apps. This includes but is not limited to their full name, address, information about their family, phone number and employer. Posting a link to this type of information that can be viewed off site is also considered a violation.
• Because of our commitment to civil conversation even when users disagree or question one another, CloutHub® will not tolerate the harassment of its users. This type of behavior will be addressed whether it occurs on the public or private areas of the platform when it is reported by the affected user. This behavior includes:
• threats or incitement of physical violence towards a user or their family
• mobbing in which a user or their family’s employer, advertisers or livelihood is threatened
• repeated advances of a sexual nature after a user has expressed their preference to not be approached in that manner
• the posting or exchange of pornographic images of any kind in public areas
• participation in any illegal activities
• plotting or promotion or violence or damage to property
• planning, promoting or engagement in acts of terrorism or violence of any kind
27. CloutHub® seeks to be very transparent with our users. For this reason, when it is believed a user has violated our Terms of Service, CloutHub® will notify the user of the suspected violation of our Terms of Service at their e-mail address on file.
• This communication will contain an explanation of the suspected violation, what corrective action the user needs to take, and an explanation of the consequences for failing to take corrective action.
• If a user believes they have not violated the Terms of Service, a user shall have the ability to appeal the violation.
• During the appeal, CloutHub® reserves the right to remove objectionable content and keep the content down throughout the appeal process and until a final decision is made.
• CloutHub® shall make the final decision on the appeal.
• CloutHub® wants users to remain on our platform and we will work with users whenever possible to help them understand specifically what behavior is prohibited.
• In rare cases where behavior is so severe, CloutHub® reserves the right to permanently suspend a user’s account immediately.
28. Unless a behavior is specifically defined in this agreement, it is not a violation of our Terms of Service.
29. All of CloutHub’s Terms of Service shall be applied fairly and equally to all users regardless of race, national origin, religion, gender, sexual orientation or political affiliation.
30. We do not expect all users to agree and even expect that at times users will offend one another. This happens during robust debate and discussion on a full range of topics. CloutHub has provided the tools users need to manage their experience and interactions within the platform. Users may hide unwanted content and/or block users who have ideas or post content they do not wish to engage with.
31. CloutHub uses advanced systems to flag our prohibited terms and pornographic images, videos and documents. In the event the system identifies these items, the post will simply not process. The user will receive a pop-up message asking them to revise the language used or select an alternative image. Once an appropriate revision is made it will post successfully. These systems are not perfect, so in the event prohibited language or pornographic content slips through our protections, we encourage users to report it. If you feel your content has been rejected by the system in error, you may request a review.
32. CloutHub® encourages our users to engage in real discussions between real people about important political, social and community issues. As such, CloutHub® maintains a one person, one account policy. Organizations, businesses, content providers and individuals will use the Group function on the platform as the place to gather users based on common interests, hobbies, affiliations and/or membership.
33. CloutHub® also strictly prohibits the use of any bots or other script-based account generation technologies on the platform. Any account holders who use these on CloutHub will have their account terminated.
34. CloutHub® requires users to complete a two-step verification process during account creation. Your account will not be active until this process is complete.
USER GENERATED PUBLIC POSTS AND PROFILE MEDIA
The Apps may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to users or on the Apps, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Posts").
Posts may be viewable by other users of the Apps and through third-party websites. As such, any Posts you transmit in public areas of the Apps may be treated as non-confidential and may be shared or reposted by other users on CloutHub® as well as other platforms, websites and content delivery technologies. When you create or make available any Posts, you thereby represent and warrant that:
1. Your Posts are not deliberately false, inaccurate, or misleading.
2. Your Posts are not unsolicited or unauthorized advertising, promotional materials in the public timeline.
3. Your Posts do not violate any applicable law or regulation.
4. Your Posts do not violate the privacy or publicity rights of any third party.
5. Your Posts do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
6. Your Posts do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
7. Your Posts do not violate any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Apps in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Apps.
MOBILE APPLICATION LICENSE
When you access the Apps via a mobile application, then we grant you a revocable, non-exclusive, non- transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not:
1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application
5. Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended
6. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time
7. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application
8. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Apps:
1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service
2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application
3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application
4. You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(iii) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Apps ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Apps may contain (or you may be sent via the Apps) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third- Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Apps or any Third-Party Content posted on, available through, or installed from the Apps, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Apps and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Apps or relating to any applications you use or install from the Apps.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
1. Monitor the Apps for violations of these Terms of Service;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Posts or any portion thereof
4. In our sole discretion and without limitation, notice, or liability, to remove from the Apps or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
5. Otherwise manage the Apps in a manner designed to protect our rights and property and to facilitate the proper functioning of the Apps.
Please be advised the Apps are hosted in the United States. If you access the Apps from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Apps, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 16 has provided personal information to us, we will delete that information from the Apps as quickly as is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Apps infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Apps infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Apps are covered by the Notification, a representative list of such works on the Apps; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Apps as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent Rich Chapo
Attn: Copyright Agent PO Box 373
Pine Valley, CA 91962
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Apps. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPS (INCLUDING BLOCKING CERTAIN IP ADDRESSES AND UNIQUE DEVICE IDENTIFIERS), TO ANY PERSON OR GROUP OF PEOPLE FOR ANY REASON IF WE DETERMINE THROUGH A THREAT ASSESSMENT PROCESS THAT A PARTICULAR POTENTIAL USER OR GROUP OF USERS PRESENTS A PRIVACY OR SECURITY THREAT TO OUR USER POPULATION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Apps at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Apps. We also reserve the right to modify or discontinue all or part of the Apps without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Apps.
We cannot guarantee the Apps will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Apps, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Apps at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Apps during any downtime or discontinuance of the Apps. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Apps or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service and your use of the Apps are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
There may be information posted by CloutHub on the Apps that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Apps at any time, without prior notice.
THESE APPS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APPS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPS, (5) ANY MALWARE, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Apps; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Apps with whom you connected via the Apps. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Apps for the purpose of managing the performance of the Apps, as well as data relating to aggregate use of the Apps. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Apps. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Apps, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Apps satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPS.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Service and any policies or operating rules posted by us on the Apps or in respect to the Apps constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Apps. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Apps or to receive further information regarding use of the Apps, please contact us at:
6789 Quail Hill Parkway #125
Irvine, CA 92603 United States Phone: 949-546-9588
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