TERMS OF SERVICE
Last Updated: July, 2023
These terms of service (the "Terms of Service") constitute a legally binding agreement between you and us, collectively referred to as "we," "us," or "our." These Terms of Service govern your access to and use of our website and services. By accepting these Terms of Service, accessing or using our Services, or otherwise showing your agreement to these Terms of Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference (together, this "Agreement"). If you do not agree to any of these terms, please refrain from using our Services.
Please note that the sections titled "Binding Arbitration" and "Class Action Waiver" contain a binding arbitration agreement and class action waiver that affect your legal rights. It is essential to read and understand these sections.
For terms not explicitly defined in these Terms of Service, please refer to our Privacy Policy for their meaning.
If you are 13 or older but below the age of majority in your jurisdiction, you must review this Agreement with your parent or guardian to ensure mutual understanding. If you are under 13, you can use the Services only with the consent of your parent or guardian.
We reserve the right, at our sole discretion, to deny you access to the Services or any portion of it without prior notice or explanation.
If you wish to save preferences on our platform, you must register for an account. You may log in using third-party login providers such as Facebook or Google. If you choose not to use third-party credentials, you will be prompted to create an account, which will require a sign-in name ("Sign-In Name"), password ("Password"), and potentially additional information to authenticate your identity in future logins ("Unique Identifiers"). When creating your account, you must provide accurate, current, and complete information. Each Sign-In Name and corresponding Password is for the exclusive use of a single authorized user. You are solely responsible for maintaining the confidentiality and proper use of your Sign-In Name, Password, and Unique Identifiers, as well as for any activities or communications made using them. Please inform us promptly of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or modify your Password, Sign-In Name, or Unique Identifier at any time and for any reason, without any liability to you for resulting losses or damages. We are under no obligation to accept any individual or entity as an account holder and may accept or reject registrations at our sole discretion. We shall not be liable for any loss or damage arising from unauthorized use of your account.
By using the Services, you agree to adhere to our community guidelines ("Community Guidelines") and commit to the following:
The Services contain material, including photographs, software, text, graphics, images, and other content (collectively referred to as "Content"), provided by us or third parties. The Content is protected by United States and foreign laws, including copyright and trademark laws. Unauthorized use of the Content may violate these laws.
You are permitted to view all Content for your personal, non-commercial use. No other use is allowed without our prior written consent. We and our licensors retain all rights, titles, and interests, including intellectual property rights, in and to the Content. You must retain all copyright and proprietary notices present in the original Content. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, create derivative works from, distribute, or otherwise use the Content for public or commercial purposes. We reserve the right to remove Content from the Services at any time and for any reason without prior notice.
The trademarks, service marks, and logos displayed on the Services are registered and unregistered trademarks or service marks of our company or others. Nothing on the Services grants any license or right to use the Trademarks without our prior written permission for each use. Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in any manner, including framing or mirroring. Content may not be retransmitted without our express, written consent for each instance.
We encourage you to communicate with us via email. However, please refrain from sending us any content containing confidential information. By sending us any communication, including feedback, questions, comments, or suggestions, you agree that we are free to use the ideas, concepts, know-how, or techniques in those communications for any purpose, including product and service development, without providing compensation or attribution to you.
The Services and Content are provided "as is" and "as available," without any warranties, whether express or implied. We expressly disclaim all warranties, including but not limited to warranties of title, merchantability, non-infringement of third parties rights, and fitness for a particular purpose. We do not warrant that the information on the Services is accurate, reliable, or error-free, or that the Services will be uninterrupted or free of harmful components.
In connection with any warranty, contract, or common law tort claims: (i) we and our licensors shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Services or the Content; and (ii) any direct damages resulting from your use of the Services or Content shall be limited to one hundred US dollars ($100).
Some jurisdictions may not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
The Services may contain technical inaccuracies, typographical errors, or omissions. Unless required by applicable laws, we are not responsible for any such errors listed on the Services.
We respect the intellectual property rights of others and aim to comply with relevant laws. If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please notify us following the requirements of the Digital Millennium Copyright Act. We will review and remove any Content deemed to be in violation of copyright laws.
The Services may provide access to Third Party Services and External Sites. These links are provided for your convenience and do not signify endorsement of the content on such Third Party Services or External Sites. Accessing Third Party Services and External Sites is subject to their respective terms and conditions. We are not responsible for the content or accuracy of any linked External Sites. Downloading files from any website should be done with caution to protect your computer from viruses or other harmful programs. Your use of linked External Sites is at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from any damages, liabilities, losses, expenses, claims, actions, and demands, including reasonable legal and accounting fees, arising from: (i) your breach of this Agreement; (ii) misuse of the Content or Services; and/or (iii) violation of any third-party rights, including copyright, trademark, property, publicity, or privacy rights. We will notify you of any such claim and provide assistance in defending such claims at your expense. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this section, and you agree to cooperate with our defense.
These Terms of service are effective as of the last updated date stated at the top and may change from time to time. Any changes will be posted on the website, and your continued use of the Services after such changes will signify your acceptance of the revised Terms of service. Please check these Terms of service regularly.
We reserve the right to restrict, suspend, or terminate this Agreement and your access to the Services, or any part thereof, at any time and for any reason without prior notice or liability. Sections 4 to 18 of this Agreement shall survive its termination.
Any arbitration or proceeding shall be limited to the dispute between you and us individually. No arbitration or proceeding shall be joined with any other, and class action procedures are not permitted. You may only bring claims against us in your individual capacity and not as part of a purported class or representative proceeding.
You acknowledge that any breach or threatened violation of our intellectual property rights and confidential information may cause irreparable harm to us. In such cases, we are entitled to seek injunctive relief to enforce this Agreement in addition to other remedies available. We may request interim, equitable, provisional, or injunctive relief from any court having jurisdiction to protect our rights and property pending arbitration.
Our failure to enforce any provision of this Agreement does not waive that provision or any other provision herein. No waiver shall be effective unless made in writing. This Agreement constitutes the entire agreement between you and us concerning the subject matter and supersedes any previous or contemporaneous agreements, written or oral, between the parties. Section headings are provided for convenience and do not carry legal significance. This Agreement benefits our successors, assigns, licensees, and sublicensees.
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