We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and
your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews,
rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted
shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
and possibly through third-party websites.
When you post Contributions, you grant us a license
(including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur in any media formats and through any media
channels.
This license includes our
use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts,
you:
-
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all moral rights to any such Submission
and/or Contribution;
-
warrant that any such Submission and/or Contributions
are original to you or that you have the necessary rights and
licenses to submit such
Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
-
warrant and represent that your Submissions and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions
and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in
our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove
or edit any such Contributions, we may also suspend or disable your account and report you to the
authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS"
section below.
13. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not organize
a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or
losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and
license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all content relating to
review.
14. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the terms and conditions of this mobile
application license
contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of the App; (5) use the App for any revenue-generating
endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at the same time; (7) use
the App for creating a product, service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the App; (8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an
"App Distributor") to
access the Services: (1) the license
granted to you for our App is limited to a non-transferable license
to use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth
in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the App as specified in the terms and conditions of this mobile
application license
contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may
refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law,
the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that is subject to a US government embargo,
or that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms
of agreement when using the App, e.g.,
if you have a VoIP application, then you must not be in violation of their wireless data service agreement
when using the App; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
license contained in these
Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application
license contained in these
Legal Terms against you as a third-party beneficiary thereof.
15. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you
have with third-party service providers (each such account, a
"Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2)
allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you
are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the
terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party service provider of
the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have provided to and stored
in your Third-Party Account (the
"Social Network Content") so that it is available on and through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent
you are notified when you link your account with the
Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your
Third-Party Accounts may be available on and through your
account on the Services. Please note that if a
Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the connection between
your account on the Services and your Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored
on your mobile device or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by
contacting us using the contact information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and profile
picture that become associated with your account.
16. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such
Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be
aware these Legal Terms no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Services or relating to
any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold
us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with
Third-Party Websites.
17. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the
Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
18. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
19. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.saysoapp.com/privacy.html. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in the
United States. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
the United States, then through your continued use of the Services, you are transferring
your data to
the United States, and you expressly consent to have your data transferred to and
processed in
the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act,
if we receive actual knowledge that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete that information from the
Services as quickly as is reasonably practical.
20. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately notify us using the
contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in
the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not sure that material located on
or linked to by the Services infringes your copyright, you should consider first contacting an
attorney.
21. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
22. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any information on
our Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.
23. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of
the State of
Delaware
applicable to agreements made and to be entirely performed within the State of
Delaware, without regard to its conflict of law
principles.
24. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA
rules or applicable law, the arbitration will take place in United States of America, Delaware. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in
United States of America, Delaware, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way
to the Services be commenced more than one (1) years after the cause of action
arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
25. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
26. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
27. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
28. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
29. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance
of the Services, as well as data relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or that relates to any activity
you have undertaken using the Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against us arising from any such loss
or corruption of such data.
30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
31. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You
may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are
determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at
[email protected] or call at
(+1)9253983448.
32. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
33. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you
may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
34. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of
the Services, please contact us at:
Aedilic Inc.
1209 Orange St, Wilmington, DE 19801, USA
Wilmington, DE 19801
United States
Phone: (+1)9253983448
15. SOCIAL MEDIA