SELFIE.LIVE, LLC, ITS PARTNERS, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “COMPANY”, “WE”, “OUR” OR “US”) HAS UPDATED OUR TERMS OF SERVICE.
SECTION 1 – GENERAL INFORMATION
1.1 – Terms of Service Binding
The Services are intended solely for Users who meet certain criteria as set forth herein. Individuals who do not satisfy the criteria are prohibited and must not access the Services.
1.2 – License to Use
Company grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Services and the materials thereon, including the “Services Content” (as defined below) for your personal use only, provided that you comply fully with these Terms of Service. You shall not interfere or attempt to interfere with the operation of the Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS.
1.3 – Changes to the Services and/or Terms of Service
Company reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services, these TOS, or the Other Policies, in whole or in part, at any time. When Company amends these TOS, it will revise the “last updated” date located either at the bottom or top of these TOS for an amount of time that we determine in our discretion. For material changes to these TOS, we may notify you by displaying a notice when you first use the Services after such changes have been made. We may also, at our discretion, provide notification of changes by other means. If you use the Services in any way after these TOS or Other Policies have been changed, unless specifically stated otherwise, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on https://www.selfie.live and will supersede all previous versions of these TOS.
1.4 – Changes in Services Ownership
1.5 – Linked Websites
The Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively,“Third Party Applications, Software or Content” ). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Services or any Third Party Applications, Software or 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 Sites or the Third Party Applications, Software or Content. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
1.6 – No Resale / Exploitation by Licensee
You may not reproduce, copy, resell, manipulate, or exploit any part of the Services or the “Services Materials” (as defined below), for any commercial purpose.
1.7 – Account Termination / Prohibited Access
Company may, in its sole discretion and at any time, with or without notice, terminate your password, Account or use of any Community Feature, and discard and remove any “Community Content” (as defined below) submitted by you under any circumstances including in connection with any Community Feature, for any reason or no reason. We may also, in our sole discretion and at any time, with or without notice, discontinue any Community Feature or limit or restrict your or any User access thereto, for any reason or no reason at all. Company may also, in its sole discretion, immediately deactivate your Account. Following deactivation, Company may delete all information about and concerning your Account, including your “Registration Information” (as defined below) and submitted Community Content, unless we are required to store such information for the protection and pursuit of our legal rights and obligations under any laws that are applicable to our operations. Additionally, if your access to the Services has been terminated or suspended by us for any reason, then you are not eligible to enter or participate in any Company promotions. You understand and agree that Company shall not have any liability to you or any other person for taking any actions described herein, including the suspension or termination of your access to any Community Feature and/or the removal of information concerning your Account.
The Services are controlled and operated by Company which has an office within the State of Colorado, United States of America (“U.S.A.”). Company makes no representation that the Services and/or the Services Content, including any merchandise offered for sale on or through the Services, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the U.S.A. Those who choose to access the Services from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws. Use of the Services is void where prohibited by applicable law. Software from the Services, including the Application, is further subject to United States export controls and no software from the Services may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) North Korea, Iran, Syria, Sudan or any other country subject to U.S. embargo or trade sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
1.8 – Governing Law and Disputes
These TOS shall be governed by, and construed in accordance with, the laws of the State of Florida and the United States of America, without giving effect to any choice of law or conflict of law principles that would result in the application of any other State’s laws.
1.9 – Dispute Resolution and Arbitration
You and Company agree that all Disputes, as defined below, between you and Company will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Company.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
For the purpose of these Terms, including this Provision specifically, “Company” means Selfie.Live, LLC, its partners, parent companies, subsidiaries, licensees, licensors and affiliates. “Dispute” means any dispute, claim, or controversy between you and Company regarding any aspect of your relationship with Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
b. Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
c. Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Company specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
d. Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Company an opportunity to resolve the Dispute. You must commence this process by written notification to Company at [email protected] That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
e. Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Company may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPTOUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to 30964 Forest Shadow Trail, Conifer, CO 80433.
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Company through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Company. If you do not provide the Company with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (i) and (ii) above.
Additionally, notwithstanding the above, Company reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
f. Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (“PreArbitration Claim Resolution”) either you or Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration. Unless both you and Company agree in writing, the arbitrator shall not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. All issues shall be for the arbitrator to decide, including the scope and enforceability of this Provision, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – For Disputes between the Company and users who are residents of the United States, you or Company may initiate arbitration in either Denver, Colorado or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Company may transfer the arbitration to Denver, Colorado in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to, or use of, the Services.
SECTION 2 – INTELLECTUAL PROPERTY
2.1 – Ownership of trademarks, copyrights and patents
As between Users and Company, Services Content is different from “Community Content”. “Community Content” consists of User-generated and/or provided content, information, and materials of any kind or nature, submitted or transmitted by Users to or through the Application by any means and for any purpose, including but not limited to, use of the Community Features (collectively,“Community Content“). Each User hereby represents and warrants to be the owner of all rights in content, information and materials submitted or transmitted to or through the Application as Community Content. The Services and all of the content the Services contain, or may in the future contain, including but not limited to all copyrights, trademarks, service marks, trade names and patents (collectively, the“Services Content“) is proprietary to Company. The Services Content and the programming codes associated therewith (“Services Code“) as they exist on the Services are offered to you by Company for limited and restricted use pursuant to these TOS. Services Content and Services Code are collectively referred to herein as the “Services Materials“. Any use of the Services Materials other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright and/or patent infringement.
The Services Materials are owned by Company and/or its licensors and content providers, and are protected by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any Services Materials. You agree not to use the Services Materials for any unlawful purposes.
Without in any way limiting the generality of the foregoing, use of the Services Materials on any third party website or other networked computer environment is prohibited without prior written permission from Company.
2.2 – Use of Software
2.3 – Submissions
Company is pleased to hear from its Users and welcomes your comments regarding our Services. Nevertheless, Company’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments with regard to our Services, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our affiliates’ professional staff might seem to others to be similar to their own creative work.
Accordingly, we ask that you do not send us any original creative materials such as game concepts/treatments, stories or character ideas, screenplays, or original artwork.
If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions“) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and nonproprietary in each instance. Community Content is included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Services or Company, you represent that such Submission, including Community Content, is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Services and/or Company, including Community Content, shall be the sole property of Company and may be acknowledged or returned at the Company’s sole discretion. User agrees that any and all of User’s proprietary rights in and to the Submissions including but not limited to any trademark, copyright, rights of publicity, moral rights, right of privacy, right to license, sell, modify, perform and create derivative works from such Submissions, are transferred by User to Company in their respective entirety. Submissions, including Community Content, shall be deemed a work-made-for hire for Company and Company shall be considered the author and sole copyright owner of all rights and of all proceeds derived from the Submissions, with the right to make changes and use, in whole or in part, as Company may determine, together with all neighboring, rental, lending, fixation, reproduction, distribution and any and all other ownership and exploitation rights recognized in any territory, by all means, media, devices, processes and technology, and all rights generally known as the “moral rights of authors”, and to the extent such Submissions do not constitute a work-made-for-hire, each User hereby grants, transfers, sells and assigns all right, title and interest therein to Company throughout the universe in perpetuity. User appoints Company as its agent and attorney-in-fact limited to the extent necessary to take action or execute any document needed to effectuate and perfect the transfer of rights in and to the Submissions to the Company’s benefit as set forth herein. You further agree and understand that Company is not obligated to use any Submission you make to the Services or Company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Company, including the Community Content, does not place Company in a position that is any different from the position held by members of the general public with regard to your Submission. You further understand and acknowledge that Company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Company’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Company’s apparent or actual use of any such similar or identical material as your Submissions, including the Community Content. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Company’s actual or alleged exploitation or use of any material you submit to the Services and/or Company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall Company’s liability exceed $5,000 for the entirety of all such unrestricted claims.
2.4 – Copyright Notice
If you are a copyright owner and believe that any Services Materials, Submissions or Community Content appearing on the Services or in any Community Feature has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the attention of “Copyright Agent” as set forth below:
Your name, address, telephone number, and email address;
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;
The exact URL or a description reasonably sufficient to permit us to locate where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send all of the above in writing to the attention of Copyright Agent at the following address: Selfie,Live, LLC 30964 Forest Shadow Trail, Conifer, CO 80433.
Upon receipt of the written notification as outlined above, we will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; and (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. By this filing, Company seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise but does not necessarily stipulate that it is a service provider as defined in 17 USC § 512c or elsewhere in the law.
SECTION 3 – COMMUNITY FEATURES
3.1 – General Community Information
In consideration for your use of the Community Features and functionality, you agree to: (i) comply with the “Community Guidelines” set forth below; (ii) provide Company with accurate, complete and true information about yourself as required on the registration form (your “Registration Information“) in order to create your Account; and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at our sole discretion, have their Accounts suspended or terminated, and may be permanently banned from using the Services and/or any other service we provide, and may be subject to other penalties, some or all of which may be determined by Company in its sole discretion
As part of your Account, you will be responsible for creating and maintaining the confidentiality of, your username and password. We ask that you select a username other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your Account information, as sharing your password with others may lead to unauthorized access to your Account information. You are responsible for all activity occurring under your Account. You agree that you will: (i) immediately notify Company of any unauthorized use of your username or password; and (ii) ensure that you properly exit a Community Feature at the completion of your session. Company shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.
Company may offer Users the opportunity to provide Submissions, such as Community Content, used to create or acquire digital or virtual assets, including cryptographic assets such as Non-Fungible Tokens or “NFTs” (collectively, “Digital Assets“). Such opportunities are considered included in Community Features, and the Community Guidelines shall apply to them, but such Digital Assets also involve additional considerations. In particular: (1) depending on the Community Feature, upon transfer of certain Digital Assets in accordance with the Registration Information, and provided that you are in compliance with these TOS and Other Policies, you will be granted ownership rights limited to the transferred Digital Assets. For sake of clarity, Users shall have no ownership or property right, title, or interest in any underlying Submission which may be included, involved or relate to the Digital Assets, whether transferred or not, all such rights to the Submissions shall remain owned by the Company. You further acknowledge that the you have no expectation of any value in the Digital Assets and any use of the Digital Assets other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright infringement; (2) modifications to Digital Assets are prohibited, and any modifications, combinations, alterations or other changes that a User makes to any Digital Assets (“Alterations“) shall be deemed a work-made-for hire for Company and Company shall be considered the author and sole copyright owner of all rights and of all proceeds derived from the Alterations, with the right to make changes and use, in whole or in part, as Company may determine, together with all neighboring, rental, lending, fixation, reproduction, distribution and any and all other ownership and exploitation rights recognized in any territory, by all means, media, devices, processes and technology, and all rights generally known as the “moral rights of authors”, and to the extent such Alterations do not constitute a work-made-for-hire, each applicable User hereby grants, transfers, sells and assigns all right, title and interest therein to Company throughout the universe in perpetuity; and (3) Digital Assets may not be redeemed or sold to the Company for cash. For all other purposes of these TOS, Alterations shall be considered Community Content.
3.2 – Profiles, Buddy Lists, Comment Walls, Digital Assets and Private or Public Communications
To enhance User experience, Company provides or may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring displays or information relating to Digital Assets, polls, surveys, and other services (collectively, the “Community Media“). Community Media, which are included as a Community Feature, are provided by Company to you and others subject to the TOS, the “Community Guidelines” set forth below and the Other Policies. The User who posts Submissions in the Community Media is responsible for the reliability, accuracy and truthfulness of such Submissions, and Company has no control over such Submissions. Additionally, Company has no control over whether any such posted material is of a nature that Users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
ACCESSING ANY COMMUNITY FEATURE WILL CONSTITUTE ACCEPTANCE OF THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THE COMMUNITY GUIDELINES, PLEASE DO NOT ACCESS ANY COMMUNITY FEATURES.
3.3 – Community Guidelines
You are entirely responsible and liable for all activities conducted that are associated with your Account within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features, including the Community Media. Listed below are some, though not all, violations that may result in Company terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by Company in its sole discretion (“Community Guidelines“). You agree not to do any of the following actions while using any of the Community Features:
Violate these Community Guidelines or abuse the community purpose of the chat areas.
Participate in any part of the Services if you are under the age of 18.
Use profanity, obscenities, or **asterisks**, (((echoes))) or other “masking” characters to disguise profane, obscene or offensive words.
Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.
Impersonate other Users.
Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
Post topics on message boards, on the Services or within any of the Community Features that are unrelated to the subject of the Services.
Advertise or promote other companies or URLs.
Share Personal Data (e.g. your name, phone number, home address, password, etc.) with other users on the Services.
Include advertising in communications.
Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the rights granted herein.
Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
Collect or harvest the information (including Personal Data) of any User or otherwise access the Services using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
Information disclosed in some Community Features, such as Community Media, is, by design, revealed to the public. Company is not responsible for any information you choose to disclose to others. Company reserves the right, but not the obligation, to remove any posts for any reason. Company does not endorse the Community Content in the Community Media and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Services Materials or Community Content provided through a Community Feature. Without in any way limiting the generality of Paragraph 2.3 of these TOS, by posting or uploading Community Content to any Community Feature, including the Community Media, or submitting any Submission including Community Content to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company full ownership thereof with all rights thereto, including perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known or hereafter devised. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that the uploading to and/or posting of any Community Content in any Community Feature shall not be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any Community Content. By posting or uploading any Community Content to the Service, any forum or submitting any other content to Company, you automatically grant (or warrant that the owner of such rights has granted) Company full ownership thereof with all rights thereto including a perpetual, worldwide, royalty-free, irrevocable non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sublicense, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such materials in or in connection with the Services or by or in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content. In addition, you represent and warrant that any and all Community Content you upload, post, transmit, send, share, store distribute or otherwise make available on the Service complies with each of the foregoing Community Guidelines.
You agree to indemnify Company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any Community Feature or submitting any Submission to Company, or your failure to comply with the Community Guidelines. Company does not and cannot review every message posted by users on the Services, and is not responsible for the content of these messages or the views or opinions expressed by the Users of the Services. Company reserves the right to, but is not obligated to, delete, move or edit Community Content, in whole or in part, submitted by you to the Services and/or Company for any reason. In no event does Company assume any obligation to monitor the Community Features or remove any specific material.
3.4 – Promotional Activities
By registering for an Account, you agree that the Services may display your username throughout the Services, including, but not limited to areas such as leader boards, individual tournament records, message boards, chat rooms, etc. By accepting any Digital Asset from the Services, Users agree to allow Company to print, publish, broadcast and use, and to authorize its affiliates and distributors to print, publish, broadcast and use, on a worldwide basis, in any and all media now known or hereafter devised, your name, picture, voice, likeness, statements, biographical information, a description of the Digital Asset(s) and any other personal characteristics for any purpose, including without limitation, promotional or related purposes without additional compensation, and you release Company from any liability with respect thereto. Company will only carry out any of the above activities in relation to Users in circumstances where such Users have consented to Company carrying out those activities as required. Please note that promotions offered via the Services may be, and often are, governed by a separate set of rules that, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such promotion, you agree to comply with and abide by such rules and the decisions of any sponsor(s), which shall be final and binding in all respects.
3.6 – Anti-Spam Policy
The Services are vigorously against the practice commonly referred to as “Spamming.” Any User who is reported to be generating Spam, and whose “Spamming” is validated by the Services, will have their respective Accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Company. Additionally, any Community Content or promotions may be voided at the sole discretion of Company. Company defines “Spam” as it is commonly understood, and includes the following:
Electronic mail messages and commercial electronic messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted to message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or
Solicitations posted to chat rooms or sent to groups or individuals via Internet Relay Chat or “Instant Messaging” system (such as ICQ).
Company may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
Account Suspension: Upon the receipt of a credible and validated complaint, Company may elect to immediately suspend the membership of the User implicated in the abuse. Suspension serves as a “final” warning and will prevent the abuser from continuing his/her abusive “Spamming” behavior. We will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion, and may void any associated prizes. Company reserves the right to lift the suspension of a User at any time, at its sole discretion.
Account Termination: Upon the receipt of a credible and validated complaint, Company may immediately terminate the membership of the individual User implicated in the abuse and may void any associated winnings.
However, Company makes no representation or warranty about any third party’s compliance or non-compliance with any other country’s Anti-Spam Law.
SECTION 4 – LIMITATION OF LIABILITY
THE SERVICES, THE SERVICES MATERIALS, AND THE SOFTWARE ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, SERVICES MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE MATERIAL PROVIDED ON THE SERVICES IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSED IN THE COMMUNITY FEATURES ARE NOT NECESSARILY THOSE OF COMPANY. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE SERVICES.
UNDER NO CIRCUMSTANCES, SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNITY FEATURES, THE SERVICES MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE COMPANY TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
SECTION 5 – INDEMNIFICATION.
BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY ENTITIES FREE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
SECTION 6 – MEMBER DISPUTES
You are solely responsible for your interactions with other Users and/or Community Feature Users. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
SECTION 7 – ABILITY TO ACCEPT TOS
You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.
SECTION 8 – NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Selfie.Live, LLC. To file a complaint regarding the Services or to receive further information regarding use of the Services send a letter to the attention of the “Legal Affairs Department” at the above address. yes
SECTION 9 – ADDITIONAL TERMS
If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect.