HOLA LIVE SERVICES AND PRIVACY CLAUSES
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE HOLA LIVE MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE SERVICE AND DELETE THE HOLA LIVE MOBILE APPLICATION IMMEDIATELY
In consideration for your use of the Service, you agree as follows:
1. General Terms & Conditions
1.1. Changes To These Terms. WE may change these Terms at any time in its sole discretion without prior notice, provided that the Company will use reasonable efforts to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Terms of Service that you may be required to accept in order to continue using the Service. You may read a current, effective copy of these Terms at any time by selecting the appropriate link on the Service. The revised Terms will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of these Terms of Service will govern any updates the Company provides to you that replace and/or supplement any portion of the Service, unless such update is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern. Notwithstanding the preceding sentences of this Section 1.II, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the effective date of such revision.
1.3. Jurisdiction. The Service is controlled and operated by the Company from its offices in the State of California, USA and the People’s Republic of China. The Company makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
1.4. Age Eligibility. The Service is restricted for use by any persons under the age of 13 or for any users previously removed from the Service by Company. Before downloading, installing, or using the Service, you affirm that you are either eighteen (18) years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms of this EULA. In any case, IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU ARE HEREBY EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DELETE ALL THE FILES IN CONNECTION THEREOF IF ALREADY INSTALLED.
1.5. Mobile Services. The Service is accessible via mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your use of the Mobile Services is hereby an acknowledgement and acceptance of your mobile carrier’s normal messaging, data, and other rates and fees, which may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier; not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for verifying with your mobile carrier as to whether the Mobile Services are available for your mobile device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
1.6. License. Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Company, in the manner permitted by these Terms. You may not reverse engineer, decompile or disassemble the Service or attempt to gain access to the source code for the Service, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
1.7. Company Trademarks; Copyrights. The Service is protected by trademark, copyright, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Hola Live name or any of the Hola Live trademarks, logos, domain names, and other distinctive brand features or copyrighted material. All right, title, and interest in and to the Service (excluding content provided by users) are and will remain the exclusive property of Company and its licensors. Any feedback, comments, or suggestions you may provide regarding Company, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
1.8. No Transfer or Assignment. You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without the prior written consent of the Company.
1.9. Termination for Breach. Your rights under these Terms will automatically terminate if you breach any of your material obligations hereunder. Upon any termination of these Terms, you will promptly destroy all copies of the Service and cease all use thereof after such termination.
1.10. Restrictions. The Service is provided “as is” without warranties of any kind and the Company’s liability to you is limited. The Service may contain links (i.e. spam), or users of the Service may direct you to visit third party websites or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services, and Company will not and cannot censor or edit the content of any such third-party site or services. The Company hereby reserves all rights not expressly granted to you in this Section 1. Accordingly, nothing in these Terms or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Company Content (defined below) or trademarks located or displayed therein. By using the Service, and by choosing to visit any third party website or engaging in any action made known to you while using the Service, you acknowledge that you are doing so at your own discretion and you expressly relieve Company from any and all liability arising from your use of any third-party website or engagement of any third party services.
2. Hola Live User Accounts
2.1. Account Creation. In order to access the full benefits of the Service, you will have to create a Hola Live account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, including safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the security of your account. If you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account, you must notify the Company immediately. The Company will not be liable for any loss or damage arising from any unauthorized use of your password and/or credentials prior to you notifying the Company of such unauthorized use or loss thereof. Although Hola Live will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hola Live, or others, due to such unauthorized use.
2.2. Terms of Service; Users. All users of the Service who view and/or transmit User Content (defined below) are referred to herein collectively as “Users.”
2.3. Public Accounts. The Service enables Users to create, transmit, and view live stream audiovisual content (“Broadcast Content”). All User activity on the Service, including the broadcasting of and commenting on any Broadcast Content is publicly available on the Service. Notwithstanding the guidelines and restrictions set forth in our Terms of Service and Community Guidelines, User discretion on the Service is advised.
3. User Content
3.1. Definitions. As used in these Terms, “User Content” means any content that Users upload, post, or transmit (collectively, “Post”) to or through the Service, including, without limitation, any Broadcast Content, comments or other text, photographs, sound recording, and any other works subject to protection under the laws of the United States of America or any other jurisdiction, including, but not limited to patent, trademark, and copyright laws, and excludes any and all “Company Content,” which is defined as content that the Company provides to Users on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, which may be protected by copyright or other intellectual property rights owned by the Company.
3.2. No User Content Screening. The Company offers Users the ability to Post User Content to, or transmit through, the Service. While the Company endeavors for all User Content to comply with its Community Guidelines (available for viewing on the App), you understand, agree and acknowledge that the Company does not pre-screen any User Content submitted or publicly Posted by any User. Notwithstanding the foregoing, Company reserves and has the right, but not the obligation, to delete, disallow, or temporarily block any User Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable law, or (ii) in response to any complaint(s) from other Users, with or without notice and without any liability to you. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any User Content, and any use or reliance by you on any User Content is at your own risk and Company shall not be held liable for any such User Content under any circumstances.
3.3. User Content Ownership; License. You are the owner and retain the rights to the User Contents Posted and displayed on and through the Service by you. Notwithstanding the foregoing, you hereby grant the Company a worldwide, unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and use (collectively, “Use”) all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Company and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by these Terms. If you terminate your account or remove any of your User Content from the Service after it has been Posted, then your license grant with respect to your User Content is perpetual and irrevocable. You further grant the Company a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to the Company any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to the Company will be considered non-confidential and non-proprietary, and treated as such by the Company, and may be used by the Company in accordance with these Terms without notice to you and without any liability to the Company. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce your User Content on a royalty-free basis. This means that you are granting the Company the right to Use your User Content without the obligation to pay royalties to you or any third party involved in the creation of User Content.
3.4. User Content Reps and Warranties. By Posting User Content to the Service, you hereby represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party or will not be in violation of any applicable law or regulation.
3.5. Waiver of Rights to Inspect or Review User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
3.6. User Comments. You understand that upon submitting or Posting your User Content on or through the Service, such content may be distributed, viewed and accessed and commented by other Users and the Company will not be held liable for any unauthorized use of User Content or comment thereon by any User, under any circumstance.
3.7. Prohibited Content. You are prohibited from Posting, and agree not to Post any User Content to the Service considered to be “Prohibited Content” as determined by Company, in its sole discretion and which includes, without limitation:
Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any User Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts;
Violence and Bullying (i.e. User Content shall not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide);
Hate Speech (i.e. User Content shall not promote bigotry, discrimination, hatred, intolerance, or racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity);
Sensitive Events (i.e. User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not permitted);
Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including, without limitation, stalking and sexually exploiting any User);
IP Infringement (i.e. User Content which infringes on any third party’s rights, including copyright, trademark, privacy and publicity rights).
5. IP Infringement
5.1. Reporting Claimed Infringement. We respect the intellectual property rights of others, and we expect that our community of Users will do the same. Users are thus expressly forbidden from posting any User Content that violates someone else’s intellectual property rights, including, without limitation, copyright, and other proprietary rights. If you are a copyright owner or a copyright owner’s agent and believe that any User Content infringes upon your copyrights, you may submit a “Notification of Claimed Infringement” pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
Identification of the copyright claimed to have been infringed;
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 the service provider to locate the material, as follows:
oDisplay name (e.g. Hola Live)
oDate of broadcast
Time of broadcast
oBroadcast URL (if available)
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and if available, an email address;
A statement that you have 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, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
5.2. Company Action. We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the foregoing requirements, your Notice may be invalid. We reserve the right to remove User Content alleged to be infringing without prior notice to you and at our sole discretion. In appropriate circumstances, such as in cases of repeat infringement, we also reserve the right to suspend or terminate the infringing User’s Account in our sole discretion.
5.3. Repeat Infringer Policy. The Company’s intellectual property policy is to (i) remove or disable access to material that the Company believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” The Company considers a “repeat infringer” to be any User that has uploaded User Content to or through the Service and for whom the Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. The Company has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon the Company’s own determination.
5.4. Counter Notification. If you receive a notification from the Company that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide the Company with a “Counter Notification” which, to be effective must be provided, in writing, to the Company’s Designated Agent via one of the methods identified in Section 5.II above, and must include substantially the following information:
5.5. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
dentification of the specific 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 the Company to locate the material;
Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We advise you to consult with a lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement
Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to the Company in response to a Notification of Claimed Infringement, then the Company will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that the Company will replace the removed User Content or cease disabling access to it in ten (10) business days, and the Company will replace the removed User Content and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, unless the Company’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the Company’s system or network.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act (17 U.S.C. § 512(f)) provides, in pertinent part:“[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [the Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”
The Company reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
6. General Use of the Service
6.1. The Service is constantly evolving and by your use you acknowledge that the Service may change from time to time, at the Company’s sole discretion. The Company may permanently or temporarily stop providing the Service or any features within the Service to you or to users generally. The Company also retains the right to create limits on use and storage at its sole discretion at any time. The Company may also remove or refuse to distribute any Content on the Service, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for the Company granting you access to and use of the Service, you agree that the Company and its third-party providers and partners may place advertising on the Service or in connection with the display of User Content or information from the Service whether submitted by you or others. You also agree not to misuse the Service, as follows:
You agree not to distribute in any medium any part of the Service or the Company Content without Company’s prior written authorization, unless Company makes available the means for such distribution through functionality offered by the Service;
You agree not to alter or modify any part of the Service;
You agree not to access the Company Content or the User Content through any technology or means other than the broadcast feeds and playback archives of the Service itself, or other explicitly authorized means Company may designate;
You agree not to use the Service for any of the following commercial uses unless you obtain Company 's prior written approval: (a) the sale of or access to the Service; or (b) the sale of advertising, sponsorships, or promotions placed on or within the Service, User Content, or Company Content. Prohibited commercial uses does not include broadcasting original content on the App or maintaining an original broadcast feed on the App, to promote your business or artistic enterprise; or any other use that Company expressly authorizes in writing.
In your use of the Service, you will comply with all applicable Federal laws of the United States of America as well as the applicable laws of your state. Company hereby reserves the right to access, read, preserve, and disclose any information reasonably believed to be necessary, and to take any necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Service, its users and the public.
7. Features of the Service - Virtual Items
7.1. The Service offers a feature allowing users to "purchase" (a) virtual currency, including but not limited to virtual coins (“Coins”) for use in the Service; or (b) virtual in-Service items (“Gifts”). Any Coins and/or Gifts that are gifted to Users (or received by you) within the Service are converted to Virtual “Diamonds” in the receiving User’s User Account. Virtual Coins, together with Gifts and Diamonds, are hereafter collectively referred to as "Virtual Items.” The purchase of any Virtual Items must be made lawfully, under legitimate means, and with actual currency. Notwithstanding your purchase or possession of such Virtual Items, you acknowledge and agree that you do not in fact "own" the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Company grants you a limited license to use the Service, including software programs that may manifest themselves as these items.
7.2. You acknowledge and agree that your distribution of any Virtual Items currently in your account (i.e. as a virtual "tip" to any other User's account) may result in some revenue to such recipient User, as determined in Company's sole discretion, and is made solely at your own discretion; you further understand that once you have confirmed a transfer of any Virtual Item to another user's account, the action cannot be undone and the Virtual Item cannot be withdrawn. Notwithstanding, Company makes no guarantee that the amount or value of the Virtual Items you may give a User will correlate to the revenue such User may receive from Company.
7.3. The purchase of Virtual Items is a completed transaction upon Company's confirmation of electronic payment from you via the iTunes App Store or Google Play. Any virtual currency balance shown in your User Account does not constitute a real world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your User Account, nor will you be able to receive a refund (“Refund”) of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Service has been suspended, limited or terminated pursuant to these Terms.
7.4. The value (i.e. the exchange rate) of the Virtual Items is determined by Company in its sole discretion, based on your country of origin, and Company further reserves the right to modify the purchase exchange rate between actual currency and Virtual Coins from time to time, with or without reason, in its sole discretion. By your use of the Service, you confirm your understanding of and accept the then-current exchange rate of any Virtual Items at the time of your purchase.
7.5. Your use of any Virtual Items purchased shall be solely for legitimate purposes within the Service, and must comply with all applicable laws at all times (i.e. no exchanging of Virtual Items for any activity, product, conduct or services deemed unauthorized by these Terms or our Community Policy).
7.6. You understand that the purchase of Virtual Items requires actual money. If you disagree with any part of, or do not fully understand our exchange rate policy, please refrain from purchasing or using any Virtual Items in connection with the Service.
7.7. You understand that Hola Live may change, modify or update these Terms, or the terms of sale in connection with the Virtual Items from time to time, and that such revised terms will apply to all subsequent purchases of any Virtual Items, and you agree that you will review these Terms and any terms regarding the sale of Virtual Items prior to making any purchase.
7.8. In the event your account balance is incorrect due to system maintenance or other technical failures as determined by Company in its sole discretion, Company agrees to make all necessary corrections and adjustments with respect to your account balance. If you have any questions, concerns or suggestions regarding purchases and/or payments regarding the Service, please contact us at Settings-Feedback.
8. Confiscation of Virtual Items Due To Termination Or Fraud
IMPORTANT: The Company takes fraud extremely seriously. In addition to taking any applicable and necessary legal action, Company reserves the right to permanently confiscate any Virtual Items from any User Account that it determines, in its sole discretion, were purchased or acquired using fraudulent means; this includes confiscation of any Virtual Gifts received by you from another User in which such Virtual Gifts were purchased fraudulently. In the event Company determines that and Virtual Items were fraudulently purchased, Company will notify you prior to confiscation and allow you an opportunity to make an appeal via the App.
If Company terminates your account for cause (including fraud), any outstanding Virtual Items remaining in your account at the time of termination may be irrevocably confiscated, as determined by Company in its sole and absolute discretion, in accordance with our Account Termination Policy specified below.
9.Term and Termination Of These Terms
Term. As between you and the Company, the Term of these Terms of Service, as it may be amended, commences as of the date of your first use of the Service and continues until the termination of these Terms by either you or the Company.
Termination. You may terminate these Terms by deleting the App from any mobile devices in which it is installed, and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate these Terms. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or our Community Policy, or violate the rights of any third party copyright owner. The Company may further terminate these Terms for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. We will make reasonable efforts to notify you of such termination via the email address associated with your account or the next time you attempt to access your account, depending on the circumstances, however Company reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
If Company terminates your account for cause, as determined in its sole discretion, you agree and acknowledge that all of or your User Content and Virtual Items stored on the Service will be confiscated, with or without notice to you. In other words, play by the rules and adhere to these Terms of Service, and the Hola Live Community Policy; failure to do so will result in the loss of your account and all of its assets.
Appeals. In the event Company terminates your account or confiscates any Virtual Items for cause, you will have an opportunity to appeal such decision. All information regarding the appeals process will be provided to you via the App at the time of any termination or confiscation of Virtual Items.
Survival. Sections 1, 2.I, 3.II-3.VIII, 4, 5.III, 5.VII, 6.II, 6.III, 7.I-7.IV, 8.V, 9, 11, and12 though 17, will survive the termination of these Terms indefinitely.
10. Consent to Electronic Communications
11. Limitation of Liability; Disclaimer of Warranties
THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE COMPANY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE COMPANY-RELATED SERVICES GIVING RISE TO THE CLAIM.
The foregoing terms of this Section 14 apply to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company Entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use (or misuse) of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
13. Third Party Disputes
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release the Company Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
14. Miscellaneous; Governing Law
Except as expressly agreed by the Company and you, these Terms constitutes the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import.
These Terms will inure to the benefit of our successors and assigns. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of the Company. Company may assign these Terms or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Service.
Failure of the Company to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against the Company unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Further, Company will not be responsible for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or other incident of “Force Majeure.”
You agree that Company will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and confidential information of itself and its licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
These Terms will in all respects, be governed by and construed and enforced in accordance with the laws of the State of California (without giving effect to any choice or conflict of laws). You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Los Angeles County, California.
Contact: If you have any questions or comments about these Terms or your use of the Service, please contact us at Settings-Feedback.