Effective Date April 25, 2023
YOU AGREE TO THE CLASS ACTION WAIVER DESCRIBED IN SECTION 13 TO RESOLVE ANY DISPUTES WITH US.
1. ELIGIBILITY; COMPATIBILITY; CHANGES
1.2 Compatibility. By using our Services, you agree that we do not take responsibility or otherwise warrant the performance of your device for our Services, including the continued compatibility with our Service.
2. ADDITIONAL TERMS
3. INTELLECTUAL PROPERTY; LICENSE
3.1 Any audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (the “Content”) are protected by intellectual property and other applicable laws including, but not limited to trademark, trade secret, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. Except as specifically provided herein, we reserve all rights in and to our Services and the Content.
to download, stream capture, store in a database, archive or otherwise copy any part of our Services or the Content;
to upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of our Services or the Content;
to license or sublicense all or any p[art of our Services or the Content: or
to exploit any part of our Services or the Content in any way.
3.3 Except as expressly permitted herein, you are strictly prohibited from creating any derivative works, or electronic and/or physical materials that are derived from or based in any way on our Content, including, but not limited to montages, mashups, videos, translations, samplings, wallpaper, desktop themes, fonts, icons, greeting cards, and merchandise.
The Services we provide is supported by advertising. By using the Services, you agree to receive advertising from us and our partners.
5. THIRD-PARTY CONTENT
Our Services may integrate, be integrated into, or be provided in connection with third party websites, platforms, services, applications, platforms and/or content (each, a “Third Party Platform”) or contain third party content (including advertisements). Unless expressly indicated otherwise, we do not endorse or evaluate third party content, products, services or websites; we do not assume responsibility for third parties’ products, services, actions or omissions; and we have no liability whatsoever for goods and services you may obtain from or through other services even if you were directed or linked to such a service through our Services. If you connect to our Services through a Third Party Platform (e.g., social media) or navigate to a Third Party Platform from our Services, the Third Party Platform will collect your information separately from us. You should review the applicable Third Party Platform’s privacy policies before using their services to understand how they are using your information and your rights in relation to such information.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with or participate in or use the services or obtain goods and services of or from, third parties, such as our advertisers, sponsors or promotional partners (collectively, the “Advertisers”) as a result of your use of our Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
6. TERM AND TERMINATION
6.2 If we suspend or discontinue your access to our Services, you agree that we will have no liability or responsibility to you or any third-party. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
7. PROHIBITED CONDUCT
Notwithstanding anything to the contrary herein, you agree not to do, or assist others to do, the following:
7.1 copy, retransmit, archive, “rip”, record, reproduce, publish, license, disseminate, display or perform to the public, make available to the public, broadcast, re-use, re-post, offer for sale, exploit, transfer, broadcast, circulate or distribute all or part of the Content or otherwise access or make any use of our Service which is unauthorized, not permitted by applicable law or which otherwise infringes the intellectual property rights in our Services, or any part of it;
7.2 circumvent or disable any content protection system or digital rights management technology used in connection with our Services to control download, stream, capture, copying, linking, framing, reproduction, access to, or distribution to the Content;
7.3 use, reproduce, publish or display our Services and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to us, or any third-party associated with or appearing in any of the Content;
7.4 impersonate or misrepresent your affiliation with any person or entity, falsely claim an affiliation with any person or entity, misrepresent the identity, or perform any other similar fraudulent activity;
7.5 alter or remove any copyright, trademark or other intellectual property rights notices or other proprietary rights contained in our Service;
7.6 use our Services for any commercial (including but not limited to any advertising or solicitation) or illegal purpose, public performance or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
7.7 circumvent, block or otherwise impair any advertisements in our Services, or create or distribute tools designed to block advertisements in our Services;
7.8 use technology or other means to access, index, frame or link to our Services (including the Content) that is not authorized by us (including by removing, bypassing, circumventing, altering, disabling, damaging, thwarting or otherwise interfering with (i) security-related mechanisms of our Service, or (ii) any other features that enforce limitations on the use of our Services or Content;
7.9 reverse engineer, decompile, disassemble or otherwise attempt to discover, use any software, source code, or other products or processes accessible through our Services or any part thereof (including any application programming interface (API)), or create derivative works of our Services, Content, or any part thereof, except to the extent permitted by applicable law;
7.10 use any data mining, data gather or extraction method in conjunction with any part of our Services;
7.11 use “crawling” or any automated means (including web robots, web scutters, scraper and indexers) to view, access or collect information from us, other users or any part of our Services; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent; or
7.12 use or interfere with any part of our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any user’s enjoyment of our Services, including uploading or otherwise disseminating any worms, viruses, Trojan horses, adware, spyware, or other malicious, disruptive or corrupted files, data, code or programs.
8. WARRANTY DISCLAIMERS
8.1 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
8.2 ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITIONS THAT: (A) USE OF OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM SUCH USE OF OUR SERVICES; AND (B) OUR SERVICES AND FEATURES CONTAINED THEREIN ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THEWILL NOT LIMIT ANY NON-WAIVERABLE WARRANTIES OR CONSUMER PROTECTION RIGHTS THAT YOU MAY BE ENTITLED TO UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE.
8.3 THE INDEMNIFIED PARTIES DO NOT WARRANT THAT OUR SERVICES AND FEATURES CONTAINED THEREIN WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
9. LIMITATIONS OF LIABILITY AND DAMAGES
10. ENTIRE AGREEMENT
11. NO WAIVER
12. GOVERNING LAW
13. CLASS ACTION WAIVER
Where permitted under applicable law, you and us agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purposed class or representative proceeding. Further when permitted under applicable law, unless both you and us agree otherwise, the court may not consolidate another person’s claim with your claims, and may not otherwise preside over any form of a representative or class proceeding.
14. CONTACT US