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Terms of Access

Please read these Terms carefully

Last revised July 30, 2021.

Thank you for your interest in the Cloak application operated by Cloak Communications LLC, a company organized under the laws of Colorado, United States (the “Company”, “we” or “us”). All of Company’s Platform, websites, blog and mobile applications are hereinafter collectively referred to as the “Platform”. These Terms of Access are a binding legal agreement between the Company, and you the visitor or user of the Platform (“you” or “User”). By accessing, registering on or using the Platform, you agree to comply with and be bound by these terms and conditions (“Terms”), whether or not you become a registered User.

READ THESE TERMS CAREFULLY. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

THE COMPANY’S PLATFORM IS NOT COPPA COMPLIANT AND DOES NOT AUTHORIZE CHILDREN OR PERSONS UNDER 16 YEARS OF AGE TO CREATE ACCOUNTS. THE COMPANY’S PLATFORM DOES NOT COLLECT THE INFORMATION OF CHILDREN UNDER 16 YEARS OF AGE, IS NOT DIRECTED TO CHILDREN UNDER 16 YEARS OF AGE, AND IS NOT AN “OPERATOR” WITHIN THE MEANING OF COPPA. FOR INFORMATION ON COPPA YOU MAY CONSULT THE FTC WEBSITE AS WELL AS OTHER AVAILABLE GOVERNMENT SOURCES.

Our role and some definitions

The Company Platform provides a platform that makes it easier for Users to share their personal views or thoughts (“Post(s)”) with other Users of the Platform as well as connecting to other Users on the Platform. These Terms govern your access to and use of the Platform.

The Platform and your use of the Platform doesn’t change anything about your relationship with another User, your internet provider, your app store, your electronic payment provider, your bank or your credit card provider, which relationships remain at all times governed by the terms you have agreed separately with each of them.

You remain at all times solely responsible for the contents of the Posts you create, edit, accept, upload, copy or publish using your Account, even if in connection with or arising out of Posts of another User through the Platform. As a User, you are ultimately responsible for all choices you make in connection with any Post, including those from other Users, and understand that your Posts are made public by your choice to post them on the Platform, even where the Platform offers functionalities that allow to modulate or segment how Posts are posted to the public.

Company does not represent that Posts are monitored at all times, that they will be answered or that there will be follow-up on Posts, unless as mandatory under applicable law. Company does not represent that posts are permanent, in fact one of the current features of the Platform is that Posts are temporary only, as may be modified from time to time.

The Platform is not a meeting site and Company is not in the business of promoting contacts or meetings between Users off-Platform.

On the contrary, the Company’s policy is for Users to post anonymous Posts and Company will not disclose to other Users your identity or Account Credentials other than as required under any applicable law. It is the responsibility of each User to maintain anonymity at its own risk and choice, including by choosing a username and Post contents that don’t directly or indirectly allow identification. Company does not represent or guarantee that User’s anonymity will be maintained, as that is entirely under User’s control. Because it is Platform’s policy to maintain an anonymous ambiance and feel in connection with all Posts, Company may edit or take down, at its own discretion, the whole or part of current or past Posts that directly or indirectly identify a User. User understands that identity is harder to maintain when using Platform functionalities that segment or modulate the publication of posts by location or size of recipient pool.

Company is not in the business of selling or promoting Posts. Company is in the business of providing an online platform where Users may possibly upload Posts and where they may connect with each other in modulated or segmented ways, if they so choose at their own risks and costs, and subject to these Terms.

Company may freely, from time to time, rate, review or evaluate Posts according to its own metrics, at its own discretion and for its own purposes, including for purposes of enabling Platform functionalities.

Company is not in the business of providing health, nutrition, psychological, financial, tax or legal advice (“Advice”). Company does not represent that other Users are experienced or licensed in providing Advice. You represent and warrant that you will seek such Advice from independent and licensed practitioners of your choosing and at your own cost as and when the need arises. Company is not in the business of recommending licensed practitioners competent to provide Advice.

Company does not act as your agent or on your behalf. Company will never ask other Users to act as your agent or on your behalf.

Agreement and Modification

All of the provisions in the Terms, together with Company’s Privacy Policy and Community Guidelines provided on the Company Platform (the “Policies”) constitute the “Agreement” between you and Company.

Company reserves the right, at its entire discretion, to modify the Platform or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Platform. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Platform after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Platform and close your Account.

If you have any questions for us concerning this Agreement, your privacy rights, the Company Platform generally, or if you notice COPPA or Digital Millennium Act compliance issues, please contact us at [email protected]. All unauthorized, unsolicited and/or commercial contacts from other Users outside the Company Platform are to be reported immediately at the same email address.

Eligibility

BY ACCESSING THE PLATFORM OR SIGNING UP FOR AN ACCOUNT YOU REPRESENT AND WARRANT THAT YOU COMPLY WITH THE COMMUNITY GUIDELINES, THAT YOU ARE AT LEAST 16 YEARS OF AGE, AND THAT YOU WILL NOT ACCESS OR USE THE PLATFORM FOR ANY FRAUDULENT, UNLAWFUL OR ABUSIVE PURPOSE. IF YOU ARE NOT AT LEAST 16 YEARS OF AGE, DO NOT CREATE AN ACCOUNT AND DO NOT UPLOAD ANY PERSONAL INFORMATION TO THE COMPANY PLATFORM. YOU REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD ANY PERSONAL INFORMATION OF ANY OTHER PERSON THAT IS NOT AT LEAST 16 YEARS OF AGE. IF YOU ARE BETWEEN 16 AND 18 YEARS OF AGE, YOU MAY ONLY CREATE AN ACCOUNT AND USE THE SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY ON YOUR BEHALF. If we learn that we have collected personal information from a person under the minimum age as stated above, we will strive to delete that information without delay. If you have information or believe that a child under the required minimum age may have provided personal information, please contact us at: [email protected]

Account Registration

In order to access certain features of the Platform you must sign up for an account with us (hereinafter an “Account”) by providing us with a display name, username, password, and phone number (all together “Company Credentials”). Your Account request will then be confirmed by a method of our choice prior to your Account being active, which may include, without limitation, the use of third party confirmation in the form of a six digit confirmation code being sent to your phone by text message.

You understand and agree that all Company Credentials are stored with our providers and that such providers may at their discretion and from time to time use affiliates and/or various third-party providers to store your Company Credentials.

Where applicable on the Platform, you must obtain your payment credentials (“Payment Credentials”) directly through your electronic payment service provider linked on the Platform, with whom you will open your own account and must abide by that service provider’s terms to obtain, use, secure or terminate your Payment Credentials. We do not store your Payment Credentials at Company itself and have requested from our providers that they do not store them beyond what is reasonably necessary for you to input your Payment Credentials into the payment platform through the API on the Platform. We do not have the capacity to recall or retrieve your Payment Credentials and you understand that our providers may delete any Payment Credentials you input through the Platform any time.

Company will request that its providers use reasonable efforts to keep your Company Credentials and Payment Credentials secure.

If you send us text messages, or have us send you one, remember that your carrier might charge you for that.

Your access to the Platform shall be subject to the policies for the Platform available at Privacy Policy and Community Guidelines, which both may be modified from time to time. You agree to the use of your data (including without limitation your Company Credentials) in accordance with Company’s Privacy Policy.

Screenings

When you sign up for an Account, you will NOT provide us with information about yourself to enable us to verify your identity in order to become a User, OTHER THAN a display name, username, password, and phone number. You promise to provide a complete and accurate telephone number to identify yourself. Where permitted, Company has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of Users and Posts, but we do not endorse any Post, User, or his or her background. Company may in its sole discretion use third party providers to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Company to request, receive, use, and store such information. Company may accept or reject your application to become a User in its sole discretion. Company makes no representation or warranty that any User is in fact the individual that the User alleges to be or that any Post is genuine.

Ongoing Information Updates

You promise to update the information you have provided to Company in the event of any changes to your Account or phone number. Specifically, with respect to your contact information, Company may deliver notices to you at the most recent telephone number provided by you, and those notices will be considered valid even if you no longer maintain the telephone number unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us.

Contests

The Platform may, from time to time, provide links to contests (including without limitation tokens and coupons) that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

User Obligations

You agree that you will always use your Account and the Platform in compliance with the Terms, applicable law, and any other policies and standards provided to you by Company. You represent and warrant that you will post on the Company Platform only Posts for which you have genuine personal knowledge or experience, and that contain no misrepresented, inaccurate, unsafe or incomplete information to the best of your knowledge. You agree not to directly or indirectly tamper or disrupt the Platform functionalities in any manner or access unauthorized sections of the Platform.

In connection with your use of or access to the Platform you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, including: (i) infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Company, or that comes to or from the Platform and belongs to another Company User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Company; and (ii) breach, violate, and/or circumvent any local, state, provincial, or federal law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, third party rights or our systems, policies, or determinations of your Account status.

Premium Services

Company may from time to time elect to offer Users premium services at its discretion. Any premium services ordered from Company on the Platform (“Premium Services”) are subject to the Terms of Service found here.

Fees and Collection

The fees charged for using the Platform and other fees, such as fees for ordered Premium Services can be found here. Before making orders on the Platform, you must have a payment method that is valid on the Platform and pay all fees associated with our Platform by the payment due date. If your primary payment method fails or your account is past due, you authorize us to use your secondary payment method and/or employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees.

Violations

Company has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. Company may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Company or to comply with legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Company, its employees, its Users, or members of the public.

Company reserves the right, at any time and without prior notice, to remove, suspend or disable access to any content or Post (including your publishing modulations or segmentations) that Company, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Platform or our community. If we believe you are abusing Company, our Users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your User Account(s) and access to our Platform, remove hosted content, remove and demote your Posts, groups or publishing segmentation or preferences, and take technical and/or legal steps to prevent you from using our Platform. Additionally, we reserve the right to refuse access or terminate use of our Platform to anyone for any reason at our discretion.

Electronic Communications and Communications with You

In order to contact you more efficiently, we may at times contact you using electronic, autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using electronic, autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these communications, but will not share your phone number(s) with third parties for their own purposes without your consent. Where Company is required to obtain your consent for such communications, you may choose to revoke your consent.

Support

Company may choose, but is not obligated, to provide technical support for the Platform. Such support may be discontinued at any time.

Legal disputes

PLEASE READ CAREFULLY. Subject to applicable law, you and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Access, your use of or access to the Platform or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law and venue

These Terms of Access will be governed by the State laws of Colorado and the applicable federal laws of the United States of America, except for its choice of law rules. Each party agrees to submit to State and federal courts having subject matter jurisdiction for Grand Junction, Colorado, to the exclusion of any other jurisdiction.

Company Image Content

Company may offer User the option to upload images or photographs at their own risks and costs (“Images”). You alone are responsible for uploading and using the Images in connection with your Account and you warrant that you will remove and cease using the Images if they no longer accurately represent yourself or your Posts. You agree that Company is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Account’s Post(s) and you shall take no action to challenge or object to the validity of such rights or Company’s ownership or registration thereof. You hereby acknowledge that Company may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Account’s Post(s) or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. At Company’s request, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images. You retain a residual, personal, limited, paid-up, perpetual, non-exclusive and non-transferrable license to use Images you upload to the Platform for your own noncommercial personal purposes. In the event that Company is unable to assert the whole or part of the above ownership rights, Company is hereby also granted a license to the Images in the same terms as the license on User Post(s) below.

You understand that if Company uses the term “Images” the term is intended only to indicate a photographic representation of persons or objects at the time the photograph was taken. Images are therefore not an endorsement by Company of any User or any Post. Likewise, Company may but does not commit to undertake efforts to ensure the adequacy, accuracy, completeness, or safety of Posts posted through the Platform. We do not make any representations about, confirm, or endorse the adequacy, accuracy, completeness, or safety of any Image(s) or Post(s) beyond the representations and warranties required herein from all Users.

Company Content and License

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Company Platform (including the Platform and its contents, but excluding any User Post(s)) are owned by Company or Company’s suppliers. The provision of access to the Platform or the subscription of an Account does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.

Subject to your compliance with the provisions of these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Platform content solely for your personal and non-commercial purposes and access and view any User Post to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms.

User Posts

You agree to never include information that is confidential or proprietary in your Posts and you waive such confidentiality or proprietary nature if you do. You agree to always obtain any necessary third-party authorizations prior to using confidential, copyrighted or proprietary information of third parties in your Posts. You may not state or imply that your or other User(s) Post(s) are in any way provided, sponsored or endorsed by Company. By uploading or making available any Post on or through the Platform, or through Company promotional campaigns, you hereby grant to Company a worldwide, irrevocable, perpetual (or for the maximum term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, translate, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit your Post(s) on, through, by means of or to promote or market the Platform. Company does not claim any ownership rights in any such Post(s) and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

For the avoidance of doubt, the above license to Company includes the right to make Posts available to other companies, entities or individuals for the broadcast, distribution, syndication or publication on other media and services. All such license rights may be performed by publicly displaying your username in connection with the whole or part of the Posts contents.

Chat messages and their contents (including photos, videos and audio) are permanently deleted on an automatic and recurrent basis. Currently, deletion is every seven (7) days and we reserve the right to modify that deletion period from time to time. Once deleted, chat messages cannot be retrieved and no back up is made.

Copyright

If you think a User is violating your copyright(s) and want to notify us, you can find information about submitting notices on the official U.S. Digital Millennium Copyright Act site online. We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act and similar laws.

Suspension and Termination

You may discontinue your use of the Platform at any time.

Company may terminate or suspend your access to the Platform, your Account or the Agreement for any reason or no reason. Termination will not release either party from any obligations incurred prior to the termination and Company may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement, and all of those terms will survive any termination of this Agreement.

Usernames are the property of Company and may be reclaimed at any time without notice, including without limitation in case of suspension or termination of your Account or this Agreement.

You agree that termination of the Agreement or of your Account triggers deletion of your Posts without need of further notice.

Disclaimers

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, COMPANY IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS PLATFORM, OR OF ANY THIRD-PARTY PROVIDER OF THE POST(S). THE PLATFORM INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PLATFORM, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Company makes no warranty that the Platform, including, but not limited to, Posts, groups or publishing segmentation choices, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Company makes no warranty regarding the quality of any Post, User, Image, the Platform, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Platform. No advice or information, whether oral or written, obtained from Company or its service providers or through the Platform or its contents, will create any warranty not expressly made herein.

Limitation of Liability and Waiver

NOTWITHSTANDING ANY OTHER TERM, NEITHER COMPANY, ITS AFFILIATES, DIRECTORS, AGENTS AND EMPLOYEES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PLATFORM, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR FROM POSTS OR IMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST COMPANY AND ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “COMPANY PARTIES”) AND ANY COMPANY USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM INCLUDING, WITHOUT LIMITATION, A POST BEING MISREPRESENTED, INADEQUATE, INACCURATE, INCOMPLETE OR UNSAFE. YOU ACCEPT ALL RISKS IN CONNECTION WITH READING OTHER USERS’ POSTS AND UNDERSTAND IT IS IN THE NATURE OF THE PLATFORM THAT COMPANY CANNOT CONTROL IN ADVANCE THE CONTENTS OF OTHER USERS’ POSTS.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “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.”

Indemnification

To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Company and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms, your Post(s), Images, your interaction with any User, or the use of a Post, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a Post or group or use of a Post or group.

No Agency

Company does not appoint you or any other User as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Company and Company will not make commitments on your behalf, except as contemplated by the Platform or as expressly stated in this Agreement.

Security

The security of your personally identifiable information is important to us and our service providers. However, no method of transmission over the Internet, or method of electronic storage, is perfectly secure and our means of protecting your free access to the Platform is proportional to our small budget. While we strive to use providers that deploy commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. We rely heavily on our service providers for security, and have asked them to follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. You acknowledge that any personally identifiable information you choose to make public on the Platform can of course not be protected.

Miscellaneous

Company’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including Company’s policies referenced herein, constitute the entire agreement between you and Company with respect to the use of your Account and the Platform. Save as expressly provided herein, this Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Company and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms of Access.

You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Company. You will remain responsible for your obligations hereunder in any event. A Company Director or Officer must agree to any modification or waiver of any term of this Agreement in writing.

Third Party Sites and Ads

Company and its licensees may publicly display advertisements and other information on the Platform, including without limitation adjacent to or included with User Posts. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. The Platform may contain links to third party sites and advertisements for third parties (collectively, “Third Party Sites and Ads”). Such Third Party Sites and Ads are not under the control of Company and Company is not responsible for any Third Party Sites and Ads. Company provides these Third Party Sites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads. Advertisements and other information provided by Third Party Sites and Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site and Ads, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites and Ads that are found on or through the Platform, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

App Stores

You acknowledge and agree that the availability of the mobile applications (which are part and parcel of the Platform) is dependent on the third party from which you received the mobile applications, e.g., the Apple iTunes App Store, Google Play, and/or other app stores (“App Stores”). You acknowledge that this Agreement is between you and Company and not with the App Stores. Company, not the App Stores, is solely responsible for the Platform, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Stores in connection with the mobile applications. You agree to comply with, and your license to use the mobile applications is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.

Aggregate Data

Company may collect, use and disclose Aggregate Data for statistical, service performance, support, security, operations management, analysis, benchmarking, educational, training, marketing, referral, promotional, research and development, metrics, demographic and other reasonable commercial purposes. Aggregate Data may be made available to commercial partners and made publicly available. “Aggregate Data” means that new data created by Company, their respective employees, agents and subcontractors, from time to time by collecting, compiling, integrating or aggregating anonymized Company Credentials, Account data, your data that you opt to upload to the Platform, or login details. Aggregate Data is not your Company Credentials themselves or personal information of identifiable individuals.

Assignment by Company

Company may assign the whole or part of this Agreement, your Account and your Posts and their respective contents to any other legal person, organization or entity with which it merges, to whom it sells the whole or part of its assets, or that comes to be in control of, controlled by or in common control with Company.

Notifications

Company can be contacted at [email protected]. If you are a California resident, you may report complaints to California’s Department of Consumer Affairs Consumer Information Center by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at 1-800-952-5210.

Trademarks

Apple and the Apple Logo are registered trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC.