Effective Date: December 28, 2018
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE COMMUNITY SERVICE. THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
This User Terms of Use (the “Terms”) is a legal agreement between you (an entity or person) (“you” and “your”) and Shimmur, Inc., d/b/a COMMUNITY (referred to herein as “COMMUNITY”, but at times using “we”, “us” or “our”), that governs your limited, non-exclusive, terminable right to receive and send communications through the COMMUNITY messaging platform and dashboard, use of our website, applications and related services (collectively, the “Service”). By using the Service, you agree to be bound by the terms and conditions set forth in these Terms, regardless of how you access or use it, whether via computer, mobile device or otherwise. Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.
The Service is available only to individuals who are not less than thirteen (13) years old. If you are under the age of majority in your state or jurisdiction of residence, you may use the Service only with involvement of a parent or guardian who agrees to these Terms and to be responsible for your use. In addition to being the minimum age to use our Services, if you are not old enough to have authority to agree to these Terms in your state or country, your parent or other legal guardian must agree to these Terms on your behalf.
The Service provides its users with the ability send and receive text messages to/from Clients (defined below). Messages may include offers, advertisements, and promotions, images, videos, files, links and other content sent by third parties not controlled by COMMUNITY. Additionally, you understand that a message sent by a Client may appear to come from a celebrity or other famous individual or influencer but may actually be sent to on his/her behalf by the public relations or other social media representatives. You understand and acknowledge that conversations using the Service are not private conversations with Clients but are intended as messages sent and interactions solely for purposes of promoting and/or advertising the Client and the Client’s products and service.
The Service provides its clients (including influencers, musicians, athletes, brands, actors, their agents, and others, collectively, “Clients”) the ability through a non-exclusive, revocable license to send and receive text messages from users of the Service by using a ten-digit phone number provided by COMMUNITY (the “COMMUNITY Phone Number”). After a Client purchases or otherwise receives access to a subscription to the Service, Clients can create and send text marketing campaigns to promote the Client and otherwise advertise Client’s various products and services to Client’s COMMUNITY users using a licensed COMMUNITY Phone Number. Clients represent and warrant that the owners of the phone numbers to which Client’s transmit outbound text messages through the Service using the COMMUNITY Phone Number have consented or otherwise opted-in to the receipt of such messages, in accordance with the TCPA and other applicable laws and regulations.
You expressly agree that COMMUNITY has no responsibility or liability for the messages, voicemails, content, conversations, interactions and content exchanged through the Service. COMMUNITY and mobile carriers are not liable for delayed or undelivered messages. We and any Client reserve the right to suspend, block or terminate your ability to access the Service (including messages to and from a particular Client), at any time, at our sole discretion, and without prior warning if your activity is believed to violate any term in these Terms or applicable law. Violation of applicable anti-spam laws, rules and regulations may also result in third-party legal actions against you. COMMUNITY also reserves the right to terminate your access to the Service at any time and immediately if we believe that your conduct is harmful to the interests of COMMUNITY or any Client.
To use the Service, you must have a valid cellular phone service, the ability to receive SMS text messages and receive phone calls. You further agree to receive telephone calls, voicemails and emails from COMMUNITY and Clients from time to time.
The Service may rely on your third-party service, any limitations in that service will also limit the manner in which you can use the Service, including, but not limited to, receiving photos, videos, and other data.
You expressly agree to receive messages twenty- four (24) hours a day, including weekends and holidays. If you are under the applicable age of majority in your state/jurisdiction of residence, by using the Service, you acknowledge that your parents/guardians have consented to you receiving messages twenty-four (24) hours of day, and you acknowledge and agree that your use of the Service is at their discretion. Until you are the age of majority in your state/jurisdiction of residence, your parents/guardians may ask us to modify, deny access to, or terminate your access to the Service and we may do so at their request at any time, for any reason, without notice or liability.
By accessing and/or using the Service, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use. By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.
COMMUNITY maintains a zero tolerance policy regarding the delivery of spam or unwanted commercial messages using the Service. Notwithstanding anything else in these Terms, neither you nor Clients will be permitted to send, cause to be sent, or facilitate the sending of Spam using the Service.
Users that send Spam or that we believe may be facilitating Spam may be suspended and terminated, and COMMUNITY may participate in the prosecution of spammers.
“Spam” is defined as any message the principal purpose of which is to promote the sale of goods or services without the prior consent of the recipient. This includes content which violates the terms and conditions of these Terms, including, without limitation, Section 5 below.
A. Call Recording and Monitoring. You acknowledge that telephone calls, voicemails, messages and texts to, from or through the Service, together with its agents, independent contractors (including you and other users), and affiliates, may be monitored and recorded and you agree to such monitoring and recording.
B. Your Provision of Telephone Numbers and Other Contact Information. You verify that any contact information provided to COMMUNITY, Clients, our respective agents and affiliates, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account access at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by email at update@COMMUNITY.com In the event that you get a new telephone number, you will need to re-register and opt in to receive messages. Do this by simply texting the Client you’d like to receive messages from, and we will send a link for you to re-register. We also require you provide an up to date email address. To update your email address you may email us at update@COMMUNITY.com or text “UPDATE” and provide your new email address.
C. Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s) to COMMUNITY, Clients, our respective agents and affiliates, you expressly agree to receive prerecorded voice messages, and/or autodialed calls and text messages from us, our agents, independent contractors (including Clients), and affiliates related to promotions, your account, registration, orientation, product alterations, changes and updates, service outages, reminders about upcoming events, any transaction with COMMUNITY, and/or your relationship with us. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You understand that you may receive automated calls or text messages to any telephone number you provide at any time. You also agree that COMMUNITY may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from us, our agents, independent contractors, Clients, and affiliates even if you terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.
D. Opt-Out Instructions for Automated Calls/Texts. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. You may opt-out from receiving messages from a COMMUNITY Client at any time by texting “STOP”, “REMOVE”, “CANCEL”, “OPTOUT”, “OPT OUT” “UNSUBSCRIBE”, “END” or “QUIT”. to an individual Client’s unique 10 digit number. To opt-out from the Service entirely and all Clients which you receive text messages and/or calls from, please send an email to optout@COMMUNITY.com and specify that you want to opt out of text messages and/or calls or both. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. You may also request assistance at any time by texting “HELP” or emailing us at help@COMMUNITY.com
E. Fees and Charges. There is no fee to receive automated telephone calls or text messages from COMMUNITY, Clients, our agents, affiliates, and independent contractors. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Messaging and Data rates may be applicable and you may be responsible for fees or charges from your carrier. You may incur other charges if you leave the Service through links. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that COMMUNITY, Clients, our agents, affiliates, and independent contractors are not responsible for such charges.
F. Unauthorized Use of Your Telephone Device. You must notify COMMUNITY immediately of any breach of security or unauthorized use of your telephone device. Although COMMUNITY, Clients, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of COMMUNITY, our agents, affiliates, and independent contractors or others due to such unauthorized use.
G. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available to customers of select carriers with compatible handsets. You will not send, cause to be sent or facilitate the sending of any message or communications using the Service if the intended recipient has withdrawn consent. Under no circumstances will You send Spam. Your obligations under this Section 2 will survive termination of these Terms.
A. Content. The Service contains a variety of: (i) materials and other items relating to COMMUNITY, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service, the COMMUNITY Phone Number and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of COMMUNITY (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by COMMUNITY, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of COMMUNITY or our licensors or certain other third parties, and is protected by U.S., Canadian, European and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. COMMUNITY owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, COMMUNITY grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in COMMUNITY’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
D. Rights of Others. When using the Service, you must respect the intellectual property and other rights of COMMUNITY and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 5 below.
A. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to COMMUNITY; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, COMMUNITY, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of COMMUNITY or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Service and Content. COMMUNITY may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in COMMUNITY’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by COMMUNITY and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
A. User-Generated Content.
(i) General. COMMUNITY may now or in the future offer users of the Service the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). COMMUNITY may allow you to do this through text or other forums, blogs, message boards, contact us tools, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
(ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) COMMUNITY does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon COMMUNITY’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with COMMUNITY, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, COMMUNITY retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. COMMUNITY’s receipt of your Unsolicited Ideas and Materials is not an admission by COMMUNITY of their novelty, priority, or originality, and it does not impair COMMUNITY’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to COMMUNITY of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content, you grant to COMMUNITY and Clients the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to COMMUNITY and Clients to your User-Generated Content, you also grant to COMMUNITY and Clients, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5(A)(iii).
(iv) Exclusive Right to Manage Our Service. COMMUNITY may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and COMMUNITY may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 5(B). Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant COMMUNITY the rights to it that you are granting by these Terms and any Additional Terms, all without any COMMUNITY obligation to obtain consent of any third party and without creating any obligation or liability of COMMUNITY; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to COMMUNITY’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. COMMUNITY has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at COMMUNITY’s cost and expense, to which you hereby consent and irrevocably appoint COMMUNITY as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s text communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to COMMUNITY (for example, if someone has taken a picture of you and your friend, and you submit that photo to COMMUNITY as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.).
Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by COMMUNITY.
Don’t Damage the Service or Anyone’s Computers or Other Devices. our User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
C. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to help@COMMUNITY.com. For alleged infringements of intellectual property rights, see Sections 6 and 7, below.
A. DMCA Notice. COMMUNITY will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
iv) your full name, address, telephone number and email address;
(v) a statement by you 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;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
COMMUNITY will only respond to DMCA Notices that it receives by mail, email or facsimile at the addresses below:
By Mail: Shimmur, Inc. d/b/a COMMUNITY
Attn: DMCA Agent
PO Box 12013
Marina del Rey, CA 90295
By email: legal@community.com
It is often difficult to determine if your copyright has been infringed. COMMUNITY may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and COMMUNITY may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting COMMUNITY’s other rights, COMMUNITY may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by COMMUNITY.
B. Counter-Notification. If access on the Service to a work that you submitted to COMMUNITY is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California, and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
(d) your full name, address, telephone number and email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to COMMUNITY with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
In addition to other rules and regulations contained in these Terms, you and anyone using your COMMUNITY account are responsible for any use of the Service. You agree not to access, copy, or otherwise use the Service unless such use is authorized by these Terms or authorized in writing. You agree that any information you provide to, or enter in order to use, COMMUNITY will be complete and accurate. You will not use the Service in any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
In order to use our Service you must provide an email address. You agree to receive communications from COMMUNITY and Clients via your email.
With your permission (which you are granting by using the Services), we may monitor and save messages and data collected with the Service. This data, along with any electronic data and information submitted by or for you to the Service, including electronic data and information submitted by or for you through your use of third party applications including e-commerce sales and transaction data, or collected and processed by or for you using the Service (excluding information obtained by COMMUNITY from our content licensors or publicly available sources and provided to you, or otherwise provided by COMMUNITY in connection with the Service) is referred to as “Your Data.”
COMMUNITY retains the right to pool Your Data, analyze it, compile, index, republish, and generally use Your Data for machine learning, to improve the Service, promote the Service, and for all other legal purposes. Your Data may also be shared with our Clients at our sole discretion. COMMUNITY’s use of Your Data does not create any license, ownership, or other rights with respect to the Service, intellectual property or other rights held by COMMUNITY.
You grant COMMUNITY a worldwide, perpetual license to host, copy, transmit and display Your Data as necessary for COMMUNITY to provide the Service in accordance with these Terms. You also grant to COMMUNITY a royalty-free, perpetual, worldwide, transferable, sub-licensable license to transfer Your Data to third party service providers used by COMMUNITY in providing the Service. The foregoing licenses each include all necessary rights and licenses to incorporate Your Data into any Content indexed and stored in the Service, and by acceptance of these Terms, you direct COMMUNITY to incorporate Your Data into such Content. If we are required by a licensor to remove any indexed Content, or receive information that any indexed content provided to you may violate applicable law or third-party rights, we may so notify you and in such event retain the right to promptly remove such Content.
You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Service. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. You will be responsible for compliance with these Terms and will use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify us promptly of any such unauthorized access or use.
You acknowledge that COMMUNITY has no obligation to monitor any information on the Service and that COMMUNITY is not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Service.
If you install or enable any third-party application or service for use with the Service (e.g., Shopify, Google, Facebook), you grant us permission to allow the provider of that application to access Your Data as required for the interoperation of that third-party application with the Service. We are not responsible for any disclosure, modification or deletion of Your Data resulting from access by a third-party application. Please also be aware that when you use any such third-party application or services, even with the Service, such third party’s own charges, terms of use and privacy policies will govern your use of those applications or services.
Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, Your Data remains visible to COMMUNITY and Clients. However, you should not provide your telephone number, address or other contact information while messaging Clients. If you choose to share Your Data or other contact information, we cannot be responsible for what Clients do with Your Data, so please carefully consider what you share and with whom you share it.
We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction.
You use the Services solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While COMMUNITY has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the internet cannot be guaranteed. Accordingly, COMMUNITY is not responsible for the security of any information transmitted via the Service, the accuracy of the information contained on the Service, or for the consequences of any reliance on such information. COMMUNITY shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You will be solely responsible for any damage to your phone, computer or other devices, or loss of data or virus that results from the download of any such material.
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password if any are used. You are also responsible for immediately notifying COMMUNITY of any unauthorized use of your account, or breach of your account information. COMMUNITY will not be liable for any loss that you may incur as a result of someone else using your telephone number either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard user information and/or promptly notify COMMUNITY about unauthorized use of your account or breach of your information.
A. Linked Services; Advertisements. The Service may contain links, as part of third-party ads on the Service or otherwise, to or from third-party websites (“Linked Services”), including websites operated by advertisers, licensors, licensees, sellers of alcohol and alcohol related products and certain other third parties who may have business relationships with COMMUNITY. COMMUNITY may have no control over the content, operations, policies, terms, or other elements of Linked Services, and COMMUNITY does not assume any obligation to review any Linked Services. COMMUNITY does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, COMMUNITY is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Services. Finally, COMMUNITY will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. COMMUNITY disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). COMMUNITY disclaims all liability in connection therewith.
If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and COMMUNITY agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of COMMUNITY’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 12(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 12(A). Your notice to us must be sent via email to: legal@community.com. For a period of sixty (60) days from the date of receipt of notice from the other party, COMMUNITY and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or COMMUNITY to resolve the Dispute or Excluded Dispute on terms with respect to which you and COMMUNITY, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 12(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COMMUNITY (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICE. For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between COMMUNITY and you regarding these Terms (and any Additional Terms) and the Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. COMMUNITY and you agree, however, that the applicable state or federal law, as contemplated in Section 12(H) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and COMMUNITY regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of COMMUNITY consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in Los Angeles County, California. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require COMMUNITY to pay a greater portion or all of such fees and costs in order for this Section 12 to be enforceable, then COMMUNITY will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 12(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 12(A); (b) filing for arbitration as set forth in Section 12(B); or (c) filing an action in state, Federal or provincial court.
D. Injunctive Relief. The foregoing provisions of this Section 12 will not apply to any legal action taken by COMMUNITY to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or COMMUNITY’s intellectual property rights (including such COMMUNITY may claim that may be in dispute), COMMUNITY’s operations, and/or COMMUNITY’s products or services.
E. No Class Action Matters. YOU AND COMMUNITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 12(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 12(F). Notwithstanding any other provision of this Section 12, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles County, California. Accordingly, you and COMMUNITY consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
H. Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, COMMUNITY, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “COMMUNITY Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMMUNITY PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMMUNITY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY COMMUNITY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if COMMUNITY Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMMUNITY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMMUNITY TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
Actual or attempted unauthorized use of any of the Service may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Service without notice or further permission from you, to the fullest extent permitted by applicable law, and in our sole discretion, provide your data and activity to law enforcement. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Service.
You will use the Service in full compliance with all applicable laws and regulations with regard to your use of the Service, including, without limitation, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, individual state laws, and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications such as SMS and MMS messages. You will not use the Service in violation of any service agreement that you have with a third-party telecommunications provider.
You agree to, and you hereby, defend, indemnify, and hold the COMMUNITY Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any COMMUNITY Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) COMMUNITY Parties’ use of the information that you submit to us (including your User-Generated Content) and (viii) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify COMMUNITY of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by COMMUNITY Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, COMMUNITY Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. COMMUNITY Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a COMMUNITY Party.
At any time and from time to time, and without your consent, COMMUNITY may, in COMMUNITY sole discretion, unilaterally terminate your right to use the Service with or without cause at any time and without notice or cause. Upon suspension or termination of your access to the Service, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.
A. COMMUNITY’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grant COMMUNITY a right of consent or approval, or permits COMMUNITY to exercise a right in its “sole discretion,” COMMUNITY may exercise that right in its sole and absolute discretion. No COMMUNITY consent or approval may be deemed to have been granted by COMMUNITY without being in writing and signed by an officer of COMMUNITY.
B. Operation of Service; Availability of Products and Services; International Issues. The Service is operated in the United States, and is primarily intended for users located in the U.S. COMMUNITY makes no representation that the Service is appropriate or available for use beyond the U.S. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
C. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
D. Communications. As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
E. Investigations; Cooperation with Law Enforcement; Termination; Survival. COMMUNITY reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by COMMUNITY in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to COMMUNITY under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from COMMUNITY, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms (including the terms applicable to User-Generated Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to COMMUNITY in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
F. Assignment. COMMUNITY may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of COMMUNITY.
G. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or COMMUNITY in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict COMMUNITY’s right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.
H. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.