Terms of Service
Bytevidmusic.com is a social media platform created for the only race there is, and that is the human race. This platform is currently managed by Fierce Technology Corporation that prides itself on being The Company with a Clear Conscience. We hold our user’s privacy to the highest degree. Usability and sustainability of our platform closely follows. On any of the Bytevid platforms, you can ensure your privacy is protected. We ensure this because it uses our own encryption algorithm utilizing blockchain technology called Pin Drop. Our systems are developed and maintained using an agile methodology that allows us to divide our teams into smaller more manageable groups, which allows a more modular infrastructure. A more modular infrastructure allows for faster implementation of the newest technologies and maintenance strategies. This gives us the ability to provide our users with the most advanced technologies offered on the market. Fierce Technologies Corporation is not only an information technologies company that specializes in artificial intelligence and machine learning. Below is our terms of service for Bytevidmusic.com.
Agreement of Terms
These terms of service represent a lawfully binding agreement created between you, whether in person or on behalf of associate entity (“you”) and Bytevid Social (“we”,”us”,or “our”), regarding your access to and use of the positioning and App moreover as the other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not trust all these Terms of Service, then you are expressly prohibited from using the Service and you need to discontinue use immediately. Supplemental Terms of Service or documents which will be announced on the positioning or the App from time to time are herewith expressly incorporated herein by reference. We tend to reserve the right, in our sole discretion, to form amendments or modifications to these Terms of Service at any time and for any reason. We will provide you with a warning regarding any changes by updating the "Last updated" date of those Terms of Service, and you waive any right to receive specific notice of every such change except herein or on the Site or App. It is your responsibility to sporadically review these Terms of Service to remain aware of updates. You will be subject to and will be deemed to have been made conscious of and to have accepted, the changes in any revised Terms of Service by your continuing use of the positioning and therefore the App after the date such revised Terms of Service are posted. The knowledge provided on the positioning and the App is not intended for distribution to or use by any individual or entity in any jurisdiction or country wherever such distribution or use would be contrary to law or regulation or which would subject the United States of America to any registration demand within such jurisdiction or country. Accordingly, those people who prefer to access the Service from alternative locations do thus on their own initiative and are exclusively accountable for compliance with native laws, if and to the extent local laws are applicable. The Service is intended for users who are a minimum of eighteen years of age. All users who are minors within the jurisdiction in which they reside (below the age of 18) must have permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and comply with these Terms of Service prior to you using the Service.
Intellectual Property Rights
Unless otherwise indicated, the functionality, website designs, images, audio, video, text, photographs, and graphics on the Site and the App (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 Site and the App "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or the App and no 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 Service, you are granted a limited license to access and use the Service 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 Service, the Site, the App, the Content, and the Marks.
Using the Service, you constitute and warrant that:
~All registration data you submit will be true, accurate, present day, and complete.
~You may maintain the accuracy of such data and directly replace such registration data, as necessary.
~You have the legal capacity, and you settle, to comply with these Terms of Service.
~You are not under the age of 18. The Service is intended for users who are at least 18 years of age. All users who are minors within the jurisdiction wherein they reside (under the age of 18) must have permission from, and be directly supervised by, their parent or guardian to apply to the Service. If you are a minor, you must have your parent or guardian examine and agree to these Terms of Service prior to you using the Service. Now no longer a minor with inside the jurisdiction in that you reside, or if a minor, you have acquired parental permission to use the Site, if relevant.
~You'll now no longer get right of entry to the Service through automated or non-human means, whether via a bot, script, or otherwise.
~You'll now no longer use the Service for any unlawful or unauthorized purpose. Your use of the Service will now no longer violate any relevant law or regulation.
If you provide any data this is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).
You may not access or use the Service for any purpose other than hand that for which we tend to make the Service available.
As a user of the Service, you agree not to:
~ Systematically retrieve information or other content from the Service to form or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
~Make any unauthorized use of the Service, together with grouping usernames and/or email addresses of users by electronic or other means that for the aim of causing unsought email or creating user accounts by machine-driven means or under false pretenses.
~ Use a buying agent, purchasing agent or alternative agent to create purchases or to transfer content on the site or the App. Use the Service to advertise or offer to sell product and services in an exceeding manner that degrades the user experience, e.g., via off-topic replies to other users’ Contributions, or that appears to be inconsistent with any applicable law, regulation, or professional standard circumvent, disable, or otherwise interfere with security related options of the Service, as well as features that forestall or prohibit the use or repetition of any Content or enforce limitations on the use of the Service and/or the Content contained therein. Interact in unauthorized framing of or linking to the Service.
~ Trick, defraud, or mislead us and different users, particularly in any attempt to learn sensitive account data such as user passwords.
~ Create improper use of our support services or submit false reports of abuse or misconduct.
~ Engage in any machine-driven use of the system, such as exploitation scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
~ Interfere with, disrupt, or produce an undue burden on the Service or the networks or other services connected to the site or the App.
~ Decide to impersonate another user or person or use the username of another user of the Service.
~ Sell or otherwise transfer your profile or account. Use any data obtained from the Service to harass, abuse, or harm another person.
~ Use the Service as a part of any effort to contend with us, or otherwise use the Service and/or the Content for any revenue-generating endeavor or business enterprise.
~ Decipher, decompile, disassemble, or reverse engineer any of the software system comprising or in any method creating up a part of the Service.
~ Attempt to bypass any measures of the Service designed to forestall or limit access to the Service, or any portion of the Service.
~ Harass, intimidate, or threaten any of our staff or agents engaged in providing any portion of the Service to you.
~ Transfer or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any party' uninterrupted use and delight of the Service or modifies, impairs, disrupts, altars, or interferes with the use, features, functions, operation, or maintenance of the Service.
~Transfer or transmit (or decide to upload or to transmit) any material that acts as a passive or active data assortment or transmission mechanism, together with while not in limitation, clear graphics interchange formats ("GIFs"), 1×1 pixels, internet bugs, cookies, or alternative similar devices (sometimes observed as "spyware" or "passive collection mechanisms.")
~ Except as may be the results of standard search engine or web 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 site or using or launching any unauthorized script or alternative software.
~ Infringe upon any copyright materials owned or controlled by others. Use the Service in an exceeding manner inconsistent with any applicable laws or regulations.
~ Makes an attempt to sell, buy, or solicit other types of payment in exchange for usernames on the site or App.
~ Post offensive or sexual content on the website or App, including, however not restricted to:
~~ Sexual content or language.
~~ Content that features sexual activity, sexual intercourse, or any style of sexual act.
~~ Any content that portrays or suggests explicit sexual acts or sexually suggestive positions or poses.
~~ Sexually suggestive (explicit or vague) statements, texts, or phrases; or Content during which sexual acts are requested or offered, as well as pornography, prostitution, sugar babies, sugar daddy's, sex trafficking or sexual fetishes.
User Generated Contributions
The Service may invite you to post comments, post opinions, chat, contribute to, or participate in chats or blogs, message boards, on-line forums, and alternative functionality, and may offer you with the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, together with however not restricted to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal data or other material (collectively, "Contributions").Contributions could also be visible by other users of the site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. Once you produce or build on the market any Contributions, you thereby represent and warrant that: the creation, distribution, transmission, public display, or performance, and therefore the accessing, downloading, or repetition of your Contributions don't and will not infringe the proprietary rights, including however not restricted to the copyright, patent, trademark, trade secret, or ethical rights of any third You're the creator and owner of or have the required licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and alternative users of the Service to use your Contributions in any manner contemplated by the Service and these Terms of Service. You have the written consent, release, and/or permission of every identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual person to modify inclusion and use of your Contributions in any manner contemplated by the Service and these Terms of Service.
~ Your Contributions are not false, inaccurate, or misleading.
~ Your Contributions are not uninvited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or alternative styles of solicitation.
~ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable. Your Contributions do not depict violence, threats of violence or criminal activity.
~Your Contributions do not advocate or incite, encourage, or threaten physical harm against another.
~Your Contributions do not violate any applicable law, regulation, or rule.
~ Your Contributions do not violate the privacy or promotional material rights of any third party.
~Your Contributions do not contain any material that solicits personal data from anyone under the age of eighteen or exploits individuals under the age of 18 in an exceedingly sexual or violent manner.
~ Your Contributions do not violate any federal or state law concerning child pornography, or otherwise meant to safeguard the health or well-being of minors.
~Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable laws, rules, or regulations.
Any use of the Service in violation of the preceding violates these Terms of Service and will result in, among other things, termination, or suspension of your right to use the Service and removal or deletion of your Contributions.
By posting your Contributions to any a part of the Service [or creating Contributions accessible to the Service by linking your account from the Service to any of your social networking accounts], you automatically provide, and also you constitute and warrant which you actually have the proper to provide, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, international proper, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in entire or in part), and distribute such Contributions (including, at the same time as now no longer limitation, your photograph and voice) for any purpose, commercial, advertising, or in any other case, and to put together spinoff works of, or contain into different works, such Contributions, and provide and authorize sublicenses of the foregoing.
Guidelines for Reviews Ratings or Comments
We may provide you with areas on the Service to leave reviews and ratings, post comments or replies or to otherwise communicate with other users on the Service ("Interactive Content"). You should have firsthand experience with the person/entity being reviewed or Interactive Content being posted. Your Interactive Content should not contain profanity, or abusive or racist, language. Your Interactive Content should not contain references to any illegal activity. You should not be affiliated with competitors if posting negative reviews or negative Interactive Content. You shall not organize a campaign encouraging others to post Interactive Content or reviews, whether positive or negative.
Mobile Application License
Violate any applicable laws, rules, or rules in reference to your access or use of the application. Use the application for any revenue generating endeavor, business enterprise, or alternative purpose for which it is not designed or intended. Create the application obtainable over a network or other atmosphere permitting access or use by multiple devices or users at the identical time. Use any proprietary data or any other intellectual property within the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices to be used with the application, while not appropriate consent or license.
Apple and Android Devices
The license granted to you for our mobile application is restricted 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 the Terms of Service. We are answerable for providing any maintenance and support services regarding the mobile application as per the Terms of Service of this mobile application license contained within these Terms of Service or as otherwise required underneath applicable law, and you acknowledge that every App Distributor has no obligation whatsoever to furnish any maintenance and support services about the mobile application.
You represent and warrant that you simply are entitled to disclose your Third-Party Account login data to us and/or grant us access to your Third-Party Account, while not breach by you of the Terms of Service that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations obligatory by the third-party service provider of the Third-Party Account. You acknowledge and agree that we could access your email address book related to a Third-Party Account and your contacts list stored on your mobile device or tablet computer exclusively for purposes of identifying and informing you of these contacts who have also registered to use the Service.
If you select to depart the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you ought to bear in mind these Terms of Service now not govern. You agree and acknowledge that we do not endorse the product or services offered on Third-Party Websites, and persons shall hold us harmless from any harm caused by one's purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you with reference to or leading to any suggestions that from any Third-Party Content or any contact with Third-Party Websites.
If you are an advertiser, you shall take full responsibility for any advertisements you place on the Service and any services provided on the Service or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Service, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Monitoring and Restrictions
We reserve the right, however not the obligation, to monitor the Service for violations of those Terms of Service. Take applicable legal proceeding against anyone who, in our sole discretion, violates the law or these Terms of Service, as well as while not limitation, reportage such user to enforcement authorities.in our sole discretion and without limitation, refuse, prohibit access to, limit the supply of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.in our sole discretion and without limitation, notice, or liability, to get rid of from the Service or otherwise disable all files and content that are excessive in size or are in an exceeding manner taxing to our systems. Otherwise manage the Service in a manner designed to shield our rights and property and to facilitate the correct functioning of the Service.
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 Service 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 Service 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: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by the Notification, a representative list of such works on the Service. 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. 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. 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. 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 Site because 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: ~Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled. ~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. ~A statement that you will accept service of process from the party that filed the Notification or the party\'s agent. ~Your name, address, and telephone number. ~A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled because of a mistake or misidentification of the material to be removed or disabled. ~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 lying under oath.
Attn: Copyright Agent
Address and Email
If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us 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 Service infringes your copyright, you should consider first contacting an attorney.
Term and Termination
These Terms of Service shall remain in full force and effect while you use the Service. 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 SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE [YOUR ACCOUNT AND] ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
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, adjust, or get rid of the contents of the Service at any time or for any purpose at our sole discretion without word. However, we do not have any responsibility to replace any statistics on our Service. We additionally reserve the right to adjust or stop all or a part of the Service without a word at any time. We will now no longer be vulnerable to you or any third-party celebration for any modification, fee change, suspension, or discontinuance of the Service. We cannot assure the Service can be continually available. Furthermore, we might also additionally revel in hardware, software, or different troubles or want to carry out renovation associated with the Service, ensuing in interruptions, delays, or errors. We reserve the right to change, revise, replace, suspend, stop, or in any other case adjust the Service at any time or for any purpose without a word to you. You agree that we do not have any legal responsibility in any way for any loss, damage, or inconvenience because of your lack of ability to get right of entry to or use the site throughout any downtime or discontinuance of the Service. Nothing in those Terms of Service can be construed to obligate us to hold and aid the Service or to deliver any corrections, updates, or releases in connection therewith.
ANY DISPUTE, CONTROVERSY OR CLAIM YOU HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, A BREACH THEREOF OR YOUR USE OF THE WEBSITE OR THE APP SHALL BE EXCLUSIVELY SUBMITTED AND DECIDED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). ANY LEGAL ACTION OF WHATEVER NATURE BROUGHT BY US AGAINST YOU MAY BE COMMENCED OR PROSECUTED IN THE STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA, AND YOU HEREBY CONSENT TO SAME, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO VENUE AND JURISDICTION IN SUCH STATE AND FEDERAL COURTS.
WAIVER OF CLASS ACTION
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, YOU AGREE TO WAIVE ABSOLUTELY AND UNCONDITIONALLY ANY AND ALL RIGHTS TO PARTICIPATE IN OR TO BE INCLUDED IN ANY CLASS ACTION LAWSUITS OR INCLUSION IN ANY MULTI-PARTY ACTIONS OR SUITS AGAINST US, ANY OF OUR AFFILIATES, SPONSORS, SUBSIDIARIES, VENDORS, EMPLOYEES, AGENTS OR ANY OTHER PERSON OR ENTITY ASSOCIATED THEREWITH
There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, 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 Service at any time, without prior notice.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND ITS CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE 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 SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE 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 SERVICE, (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 SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, 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 SERVICE, 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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR \$0.01. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
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 Service; (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 Service with whom you connected via the Service.
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 Service for the purpose of managing the Service, as well as data relating to your use of the Service. 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 Service.
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 Communication, Transactions, and Signatures
Visiting the Service, creating a Profile or an Account, registering as a User, 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 Service, 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 SERVICE.
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 Service, including privacy policies, 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 fully operate permissible by law. We may assign any or all 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 because of these Terms of Service or use of the Service. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
You hereby waive 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.