Terms of Service
Last updated August 12, 2024AGREEMENT TO OUR LEGAL TERMSWe are Social Media AI LLC. ("Company," "we,"
"us," "our").We operate the website https://social-media-eta-five.vercel.app/ (the "Site"), as well
as any other related products and services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").You can contact us by email at social_media@social_media.com or by mail
to __________, __________, __________.These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you"), and Social Media AI LLC., concerning
your access to and use of the Services. You agree that by accessing the Services, you have read, understood,
and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.We
will provide you with prior notice of any scheduled changes to the Services you are using. The modified
Legal Terms will become effective upon posting or notifying you by social_media@social_media.com, as
stated in the email message. By continuing to use the Services after the effective date of any changes,
you agree to be bound by the modified terms.The Services are intended for users who are at least 18
years old. Persons under the age of 18 are not permitted to use or register for the Services.We recommend
that you print a copy of these Legal Terms for your records.TABLE OF CONTENTS1. OUR SERVICES2. INTELLECTUAL
PROPERTY RIGHTS3. USER REPRESENTATIONS4. USER REGISTRATION 5. PURCHASES AND PAYMENT6. SUBSCRIPTIONS
7. PROHIBITED ACTIVITIES 8. USER GENERATED CONTRIBUTIONS 9. CONTRIBUTION LICENSE 10. GUIDELINES FOR
REVIEWS 11. SOCIAL MEDIA 12. THIRD-PARTY WEBSITES AND CONTENT 13. SERVICES MANAGEMENT 14. PRIVACY POLICY
15. TERM AND TERMINATION 16. MODIFICATIONS AND INTERRUPTIONS 17. GOVERNING LAW 18. DISPUTE RESOLUTION
19. CORRECTIONS 20. DISCLAIMER 21. LIMITATIONS OF LIABILITY 22. INDEMNIFICATION 23. USER DATA 24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 25. CALIFORNIA USERS AND RESIDENTS 26. MISCELLANEOUS 27.
CONTACT US1. OUR SERVICESThe information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations
do so on their own initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).2. INTELLECTUAL PROPERTY RIGHTSOur intellectual propertyWe are the owner or the licensee of
all intellectual property rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services (collectively,
the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").Our
Content and Marks are protected by copyright and trademark laws (and various other intellectual property
rights and unfair competition laws) and treaties in the United States and around the world.The Content
and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or
internal business purpose only.Your use of our ServicesSubject to your compliance with these Legal
Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:access the Services; anddownload or print a copy of any portion of the Content
to which you have properly gained access.solely for your personal, non-commercial use or internal business
purpose.Except as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written permission.If you wish to make
any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: social_media@social_media.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must identify
us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.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 submissionsPlease 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.You are responsible for what
you post or upload: By sending us Submissions through any part of the Services 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 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;warrant that any such Submission are original to you or that you have the necessary
rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions; andwarrant and represent that your Submissions do not constitute
confidential information.You are solely responsible for your Submissions 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.3. USER REPRESENTATIONSBy
using the Services, you represent and warrant that: (1) all registration information you submit will
be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Services through automated or non-human means, whether through a bot, script
or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your
use of the Services will not violate any applicable law or regulation.If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any portion thereof).4. USER
REGISTRATIONYou may be required to register to use the Services. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.5. PURCHASES AND PAYMENTWe accept the following forms of payment:-
Visa- Mastercard- American Express- DiscoverYou agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Services. You further agree to promptly update
account and payment information, including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in US dollars.You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any
such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping address. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers,
or distributors.6. SUBSCRIPTIONSBilling and Renewal__________CancellationYou can cancel your subscription
at any time by logging into your account. Your cancellation will take effect at the end of the current
paid term. If you have any questions or are unsatisfied with our Services, please email us at social_media@social_media.com.Fee
ChangesWe may, from time to time, make changes to the subscription fee and will communicate any price
changes to you in accordance with applicable law.7. PROHIBITED ACTIVITIESYou may not access or use
the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that are specifically endorsed
or approved by us.As a user of the Services, you agree not to:Systematically retrieve data or other
content from the Services to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user passwords.Circumvent,
disable, or otherwise interfere with security-related features of the Services, including features
that prevent or restrict the use or copying of any Content or enforce limitations on the use of the
Services and/or the Content contained therein.Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Services.Use any information obtained from the Services in order to harass, abuse, or
harm another person.Make improper use of our support services or submit false reports of abuse or misconduct.Use
the Services in a manner inconsistent with any applicable laws or regulations.Engage in unauthorized
framing of or linking to the Services.Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Services.Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar data gathering and extraction
tools.Delete the copyright or other proprietary rights notice from any Content.Attempt to impersonate
another user or person or use the username of another user.Upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").Interfere with, disrupt, or create an undue burden on the Services or the networks
or services connected to the Services.Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.Attempt to bypass any measures of the
Services designed to prevent or restrict access to the Services, or any portion of the Services.Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Services.Except as may be the result
of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Services, or use or launch any unauthorized script or other software.Use a buying
agent or purchasing agent to make purchases on the Services.Make any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.Use
the Services as part of any effort to compete with us or otherwise use the Services and/or the Content
for any revenue-generating endeavor or commercial enterprise.8. USER GENERATED CONTRIBUTIONSThe Services
does not offer users to submit or post content. We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through third-party websites. When you create or
make available any Contributions, you thereby represent and warrant that: The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.You are the creator and owner of or have
the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.Your Contributions are not false, inaccurate,
or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.Your Contributions
are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.Your
Contributions are not used to harass or threaten (in the legal sense of those terms) any other person
and to promote violence against a specific person or class of people.Your Contributions do not violate
any applicable law, regulation, or rule.Your Contributions do not violate the privacy or publicity
rights of any third party.Your Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.Your Contributions do not include
any offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.Your Contributions do not otherwise violate, or link to material that violates, any provision
of these Legal Terms, or any applicable law or regulation.Any use of the Services in violation of the
foregoing violates these Legal Terms and may result in, among other things, termination or suspension
of your rights to use the Services.9. CONTRIBUTION LICENSEYou and Services agree that we may access,
store, process, and use any information and personal data that you provide and your choices (including
settings).By submitting suggestions or other feedback regarding the Services, you agree that we can
use and share such feedback for any purpose without compensation to you.We do not assert any ownership
over your Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.10.
GUIDELINES FOR REVIEWSWe 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.11. SOCIAL MEDIAAs
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.12. THIRD-PARTY WEBSITES
AND CONTENTThe Services may contain (or you may be sent via the Site) 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.13. SERVICES MANAGEMENTWe 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.14. PRIVACY POLICYWe care about data privacy and security. By using the Services, you
agree to be bound by our Privacy Policy posted on the Services, 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.15. TERM AND TERMINATIONThese 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.16. MODIFICATIONS
AND INTERRUPTIONSWe 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.17. GOVERNING LAWThese Legal Terms and your use of the Services are governed by and construed
in accordance with the laws of the State of New York applicable to agreements made and to be entirely
performed within the State of New York, without regard to its conflict of law principles.18. DISPUTE
RESOLUTIONInformal NegotiationsTo expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by
either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.Binding ArbitrationIf 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. If such costs are determined by the arbitrator to be
excessive, we will pay all arbitration fees and expenses. 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 New York.
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 __________, 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.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.RestrictionsThe 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 Informal Negotiations and ArbitrationThe
Parties agree that the following Disputes are not subject to the above provisions concerning informal
negotiations 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.19. CORRECTIONSThere 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.20. DISCLAIMERTHE 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.21. LIMITATIONS OF LIABILITYIN
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.22. INDEMNIFICATIONYou 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) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation
of the rights of a third party, including but not limited to intellectual property rights; or (5) 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.23. USER DATAWe 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.24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURESVisiting 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.25. CALIFORNIA
USERS AND RESIDENTSIf 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) 445-1254.26. MISCELLANEOUSThese 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.27. CONTACT USIn order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:Social Media
AI LLC. social_media@social_media.com