Terms of Service

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Terms of Service


These Terms of Service ("Terms") govern your access to and use of our website, products, and
services ("Products"). Please read these Terms carefully, and contact us if you have any questions.
By accessing or using our Products, you agree to be bound by these Terms and by our Privacy
Policy.


1. Using This Website


a. Who can use this Website
You may use our Products only if you can form a binding contract with us, and only in compliance
with these Terms and all applicable laws. When you create your account, you must provide us with
accurate and complete information. Any use or access by anyone under the age of 13 is
prohibited. Some of our Products may be software that is downloaded to your computer, phone,
tablet, or other device. You agree that we may automatically upgrade those Products, and these
Terms will apply to such upgrades.


2. Your Content


a. Posting content
We allow you to post content, including photos, comments, links, and other materials. Anything
that you post or otherwise make available on our Products is referred to as "User Content." You
retain all rights in, and are solely responsible for, the User Content you post.
b. How other users can use your content
You grant other users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license
to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute
your User Content on this site solely for the purposes of operating, developing, providing, and
using the Products. Nothing in these Terms shall restrict other legal rights we may have to User
Content, for example under other licenses. We reserve the right to remove or modify User Content
for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from this
site, we may retain your User Content for a commercially reasonable period of time for backup,
archival, or audit purposes. Furthermore, our users may retain and continue to use, store, display,reproduce, re-share, modify, create derivative works, perform, and distribute any of your User
Content that other users have stored or shared through this site.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make
this website more awesome. If you choose to submit comments, ideas or feedback, you agree that
we are free to use them without any restriction or compensation to you.

3. Security


We care about the security of our users. While we work to protect the security of your content and
account, we cannot guarantee that unauthorized third parties will not be able to defeat our
security measures. Please notify us immediately of any compromise or unauthorized use of your
account.

4. Termination


We may terminate or suspend this license at any time, with or without cause or notice to you.
Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.


5. Disclaimers


The Products and all included content are provided on an "as is" basis without warranty of any
kind, whether express or implied.
THIS WEBSITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
This Website takes no responsibility and assumes no liability for any User Content that you or any
other user or third party posts or transmits using our Products. You understand and agree that you
may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or
otherwise unsuited to your purpose.


6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA,
USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE
OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR'S AGGREGATE
LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS
(U.S. $100.00).


7. Arbitration


For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute
with us informally. If we have not been able to resolve the dispute with you informally, we each
agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other
equitable relief) arising out of or in connection with or relating to these Terms by binding
arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules
and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except
as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in the
country where you reside. Each party will be responsible for paying any AAA filing, administrative
and arbitrator fees in accordance with AAA rules, except that we will pay for your reasonable filing,
administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-
frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The
award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and
reasonable costs for expert and other witnesses, and any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall
prevent either party from seeking injunctive or other equitable relief from the courts for matters
related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS
MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU
AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


8. Governing Law and Jurisdiction


These Terms shall be governed by the laws of the State of California, without respect to its conflict
of laws principles. We each agree to submit to the personal jurisdiction of a state court located in
San Francisco County, California or the United States District Court for the Northern District of
California, for any actions not subject to Section 10 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations
that they are appropriate or available for use in other locations.9. General Terms
Notification Procedures and changes to these Terms. We reserve the right to determine the form
and means of providing notifications to you, and you agree to receive legal notices electronically if
we so choose. We may revise these Terms from time to time and the most current version will
always be posted on our website. If a revision, in our sole discretion, is material we will notify you.
By continuing to access or use the Products after revisions become effective, you agree to be
bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by us without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.

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