This terms of service agreement (“Terms”) sets forth the terms under which Community.com, Inc. (“we,” “our,” or “us”) provides our messaging services, including our apps, features, software, and website (“Community”).
IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDED THE PROVINCE OF QUEBEC),YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS BELOW. PLEASE REVIEW SECTION 13.
By registering for or using Community, you agree to these Terms.
We issue unique phone numbers (“Community Numbers”) to individuals and entities or their designees (collectively, “Community Leaders”).
Community Leaders can use Community to message with the individuals who have signed up to receive messages from their Community Number (“Community Members”).
Please also read our Privacy Policy, which describes how we collect, use, and disclose information when you use Community.
If you are under the age of 13, you are not permitted to use Community. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may use Community, but only if you have the consent of your parent or legal guardian, including consent to these Terms on your behalf.
If you are registering for Community on behalf of an organization, then you are entering into these Terms on behalf of the organization, and you represent that you have the authority to bind the organization to these Terms.
You must not use Community to transmit any content or data that is unlawful, that infringes any intellectual property rights, or that otherwise violates our Acceptable Use Policy.
Though we have no obligation to do so, we may access, review, block, or delete your messages at any time and for any reason, including (i) to provide and develop Community, (ii) if we think your messages violate these Terms, and (iii) to comply with applicable law or any request or requirement of a court, law enforcement or other administrative agency or governmental body.
To become a Community Member, you must: (i) start a conversation with a Community Leader (for example, by sending a text message to their Community Number); (ii) provide certain information, such as your name, date of birth, gender identity, city, and phone number; and (iii) give prior express signed written consent to receive recurring messages (which may be marketing and/or automated) from or on behalf of the applicable Community Leader via Community. Your consent to receive such messages is not a condition of any purchase.
You agree that:
We have no control over and do not guarantee: (a) the suitability or legality of messages sent by Community Leaders; (b) the truth or accuracy of messages sent by Community Leaders; (c) the performance or conduct of Community Leaders; or (d) who a Community Leader permits to access and use Community on their behalf. If you think a Community Leader is sending messages in violation of our Acceptable Use Policy, please email us at platform-integrity@community.com.
If you want to stop receiving messages from a particular Community Leader, send a message that says STOP (case insensitive) to their Community Number. For more information about our privacy practices (including information on how to stop receiving messages from all Community Leaders), see our Privacy Policy. You may also request assistance at any time by sending a message that says HELP (case insensitive) to any Community Number or emailing us at help@community.com.
By sending messages to a Community Leader, you grant that Community Leader (including individuals and entities working or affiliated with such Community Leader) a worldwide, royalty-free, sublicensable, transferable, and perpetual license to reproduce, distribute, display, publish, and otherwise use your messages in any way and for any purpose, and you grant us all of the same rights to use your messages for the purpose of operating, providing and improving Community (such as to allow us to deliver your messages to the Community Leader, and to store your messages on our servers).
You acknowledge and agree that (i) a Community Leader may share your messages publicly (including for marketing purposes); (ii) you have no expectation of privacy with respect to messages you send to a Community Leader; and (iii) we may collect, analyze and use your messages together with your information, including demographic and location information, on an aggregated, de-identified or anonymized basis together with the messages and information of others, for any purpose, including to improve, enhance, further develop and test Community and any of our technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines.
If you are signing up as a Community Leader, please also read our Additional Terms for Community Leaders, which you are also agreeing to.
If you are signing up to use Community on a Community Leader’s behalf, you acknowledge that you may only use Community with their permission and in ways that would be permitted by that Community Leader (for example, messages you send on their behalf must not violate our Acceptable Use Policy).
We and our licensors retain all right, title and interest, including all intellectual property rights, in and to Community and all Community Numbers. Any and all use of our trademarks by you will inure to our benefit and you will not obtain or retain any rights in our trademarks.
You must not (and must not assist or allow others to): (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our apps or websites; (ii) send, store, or transmit viruses or other harmful computer code through or onto our servers or systems; (iii) gain or attempt to gain unauthorized access to our servers or systems; (iv) interfere with or disrupt the integrity or performance of our servers or systems; (v) create accounts or send messages through unauthorized or automated means; or (vi) collect the information of or about our users in any impermissible or unauthorized manner.
We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to Community (“Feedback“). Any Feedback you submit to us will be owned by us and we may use and exploit that Feedback without restriction for any purpose, without compensation to you.
You may terminate these Terms at any time and for any reason by emailing us at us at accountservices@community.com and asking us to delete your Community account, and we may suspend or disable your Community account and/or terminate these Terms at any time, for any reason, without advance notice. If we suspend or disable your Community account for a violation of these Terms, you must not create another Community account without our permission.
Regardless of who terminates these Terms, both you and we continue to be bound by sections 3, 4, 6, and 9-16 of these Terms and, if you are a Community Leader, by sections 6, 7, and 8 of our Additional Terms for Community Leaders.
If you believe that anything on Community infringes a copyright that you own or control, please send us a written notice to the address or email below that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”).
Community.com, Inc.
DMCA Notices
1507 7th Street, #536
Santa Monica CA 90401
Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing content, we may suspend your account, and you may face other legal consequences.
If we have taken down any material or content that you believe should not have been removed, you can send us a written counter-notice by email to copyright@community.com. Please be sure your counter-notice meets the DMCA requirements.
We may promptly terminate without notice the accounts of users who have been notified of infringing activity, including those who have had messages removed from Community at least three times (“Repeat Infringers”). Repeat Infringers will not be tolerated.
The laws of certain jurisdictions, including Quebec, may not allow limitations on implied warranties or conditions. If these laws apply to you, some or all of the below disclaimers might not apply to you.
To the maximum extent permitted by law:
The laws of certain jurisdictions, including Quebec, may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below limitations might not apply to you.
To the maximum extent permitted by law, we and our shareholders, employees, affiliates, associated companies, licensors, agents, and suppliers (collectively, the “Affiliated Entities”) will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Community; (ii) the conduct or content of other users or third parties via Community; or (iii) unauthorized access, use, or alteration of your messages, even if we have been advised of the possibility of such damages.
Your sole and exclusive remedy for dissatisfaction with Community or any Third Party Materials is to stop using Community. In no event will the liability of us and our Affiliated Entities, in the aggregate, for all claims relating to these Terms or Community, exceed the greater of $100 USD or the amount you paid us, if any, to use Community in the last 12 months.
To the maximum extent permitted by law, you agree to indemnify and hold us and our Affiliated Entities harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your messages; (ii) your use of Community; (iii) your violation of any laws or regulations; (iv) third-party claims that you or someone using your password did something that, if true, would violate these Terms; (v) any misrepresentations made by you; or (vi) a breach of any representations or warranties you’ve made to us. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide us with such cooperation as we reasonably request.
(Not applicable to Quebec consumers) If you are a Community user located in the United States or Canada, then section 13 below applies to you. Please also read that section carefully and completely. If you are not subject to section 13 below, then all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Disputes”), will be resolved exclusively in the United States District Court for the Southern District of California or a state court located in Los Angeles County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.
(Not applicable to Quebec consumers) The laws of the United States (including federal arbitration law) and the State of California govern these Terms, as well as any Disputes, whether in court or arbitration, which might arise between us, without regard to conflict of law provisions, and regardless of your location.
For Quebec consumers: These Terms, as well as any Disputes which might arise between us will be governed by the laws of the Province of Quebec, without regard to conflict of law provisions, and the laws of Canada applicable therein, and any Disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
(Not applicable to Quebec consumers) If you are a Community user located in the United States or Canada, then this section 13 applies to you.
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that we are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location.
The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
You may opt out of this agreement to arbitrate by emailing us at accountservices@community.com with your first name, last name, phone number, and address within 30 days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
Notwithstanding any of the foregoing, nothing in these Terms will prevent you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users.
We may modify these Terms from time to time. When we update these Terms, we will revise the “Last updated” date above and post the new Terms on community.com. Your continued use of Community (including, without limitation, signing up to receive messages from an additional Community Leader after an update) confirms your acceptance of the updates. If you do not agree to any update, you must stop using Community. We may also modify or discontinue all or part of Community at any time; or charge, modify, or waive any fees required to use Community.
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