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you and the company agree that you and the company may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding . | 0 |
further , you agree that the arbitrator may not consolidate proceedings of more than one person 's claims , and may not otherwise preside over any form of a representative or class proceeding , and that if this specific proviso is found to be unenforceable , then the entirety of this mandatory arbitration section will be null and void . | 0 |
barring extraordinary circumstances , the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed . | 0 |
the arbitrator may extend this time limit for an additional 30 days in the interests of justice . | 0 |
all arbitration proceedings will be closed to the public and confidential , and all records relating thereto will be permanently sealed , except as necessary to obtain court confirmation of the arbitration award . | 0 |
the award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim . | 0 |
the arbitrator will apply the laws of the state of california in conducting the arbitration . | 0 |
you acknowledge that these terms and your use of the service evidences a transaction involving interstate commerce . | 0 |
the united states federal arbitration act will govern the interpretation , enforcement , and proceedings pursuant to the mandatory arbitration clause in this eula . | 0 |
the foregoing provisions of this dispute resolution section do not apply to any claim in which either party seeks equitable relief to protect such party 's copyrights , trademarks , or patents . | 0 |
you acknowledge that , in the event the company or a third party breaches this eula , the damage or harm , if any , caused to you will not entitle you to seek injunctive or other equitable relief against the company , and your only remedy will be for monetary damages , subject to the limitations of liability set forth in this eula . | 0 |
you and the company agree that , notwithstanding any other rights the party may have under law or equity , any cause of action arising out of or related to this eula or the service , excluding a claim for indemnification , must commence within one year after the cause of action accrues . | 0 |
otherwise , such cause of action is permanently barred . | 0 |
all claims you bring against the company must be resolved in accordance with this dispute resolution section . | 0 |
all claims filed or brought contrary to this dispute resolution section will be considered improperly filed . | 0 |
should you file a claim contrary to this dispute resolution section , the company may recover attorneys ' fees and costs up to $ 5,000 , provided that the company has notified you in writing of the improperly filed claim , and you have failed to promptly withdraw the claim . | 0 |
in the event that the company makes any future change to the mandatory arbitration provision -lrb- other than a change to the company 's arbitration notice address -rrb- , you may reject any such change by sending us written notice within 30 days of the change to the company 's arbitration notice address , in which case your account with the company and your license to use the service will terminate immediately , and this dispute resolution provision , as in effect immediately prior to the amendments you reject , will survive the termination of this eula . | 0 |
a.iii or the entirety of this section 11 is found to be unenforceable , then the entirety of this section 11 will be null and void and , in such case , the parties agree that the exclusive jurisdiction and venue described in section 17 will govern any action arising out of or related to this eula . | 0 |
limitation of liability and disclaimer of warranties . | 0 |
the following terms in this section 12 apply to the fullest extent permitted by law : | 0 |
the company , its affiliates , and their respective officers , directors , employees , agents , suppliers and licensors -lrb- collectively , the `` company parties '' -rrb- make no warranties or representations about the service and any content -lrb- including gifts -rrb- available on the service , including but not limited , to the accuracy , reliability , completeness appropriateness , timeliness or reliability thereof . | 0 |
the company parties will not be subject to liability for the truth , accuracy or completeness of any content on the service or any other information conveyed to any user , or for errors , mistakes or omissions therein , or for any delays or interruptions of the data , or information stream from whatever cause . | 1 |
as a user , you agree that you use the service and any content thereon at your own risk . | 0 |
you are solely responsible for all content you upload to the service . | 0 |
the company parties do not warrant that the service will operate error free , or that the service and any content thereon -lrb- including gifts -rrb- are free of computer viruses or similar contamination or destructive features . | 0 |
if your use of the service or any content thereon results in the need for servicing or replacing equipment or data , no company party will be responsible for those costs . | 0 |
the service and all content thereon -lrb- including gifts -rrb- are provided on an `` as is '' and `` as available '' basis without any warranties of any kind . | 0 |
accordingly , the company parties disclaim all warranties , including , but not limited to , the warranties of title , merchantability , non-infringement of third parties rights , and fitness for particular purpose . | 0 |
in no event will any company party be liable for any special , indirect , punitive , incidental or consequential damages , lost profits , or damages resulting from lost data or business interruption resulting from , or in connection with , the use or inability to use the service and any content thereon , whether based on warranty , contract , tort -lrb- including negligence -rrb- , or any other legal theory , even if such company party has been advised of the possibility of such damages . | 1 |
the company 's liability , and the liability of any other company parties , to you or any third parties in any circumstance is limited to the greater of the fees you have paid us for any gifts and u.s. $ 100 . | 1 |
to the fullest extent permitted by law , any dispute you have with any third party arising out of your use of the service , including , by way of example and not limitation , any carrier , copyright owner or other user , is directly between you and such third party , and you irrevocably release the company parties from any and all claims , demands and damages -lrb- actual and consequential -rrb- of every kind and nature , known and unknown , arising out of or in any way connected with such disputes . | 0 |
to the fullest extent permitted by law , you agree to defend , indemnify , and hold harmless the company parties from and against any claims , actions or demands , including , without limitation , reasonable legal and accounting fees , arising or resulting from -lrb- i -rrb- your breach of this eula ; -lrb- ii -rrb- your access to , use or misuse of the company content or the service ; or -lrb- iii -rrb- your user content . | 0 |
the company will provide notice to you of any such claim , suit , or proceeding . | 0 |
the company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section if the company believes that you are unwilling or incapable of defending the company 's interests . | 0 |
in such case , you agree to cooperate with any reasonable requests assisting the company 's defense of such matter at your expense . | 0 |
term and termination of the eula . | 0 |
as between you and the company , the term of this eula commences as of your first use of the service and continues until the termination of this eula by either you or the company . | 0 |
you may terminate this eula by sending written notification to the company at [email protected] , deleting the apps from your mobile devices , and terminating all other uses of the service . | 0 |
if you wish to delete any of your user content from the service , then you may be able to do so using the permitted functionalities of the apps , but the removal or deletion of such user content will not terminate this eula . | 0 |
the company reserves the right , in its sole discretion , to restrict , suspend , or terminate this eula and your access to all or any part of the service at any time without prior notice or liability if you breach any provision of this eula or violate the rights of any third party copyright owner of musical works or sound recordings . | 1 |
the company may further terminate this eula for any other reason upon ten -lrb- 10 -rrb- days ' notice to you using the email address associated with your account credentials . | 1 |
the company reserves the right to change , suspend , or discontinue all or any part of the service at any time without prior notice or liability . | 1 |
b , 2.c , 3 . | 0 |
d , 4-5 , and 7-19 will survive the termination of this eula indefinitely . | 0 |
by using the service , you consent to receiving certain electronic communications from us as further described in the privacy policy . | 0 |
please read the privacy policy to learn more about your choices regarding our electronic communications practices . | 0 |
you agree that any notices , agreements , disclosures , or other communications that we send to you electronically will satisfy any legal communication requirements , including that such communications be in writing . | 0 |
this eula is governed by the internal substantive laws of the state of california without respect to its conflict of laws provisions . | 1 |
you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in san francisco county , california . | 1 |
you agree that no joint venture , partnership , employment , or agency relationship exists between you and the company as a result of this eula or use of the service . | 0 |
you further acknowledge that by submitting user content , no confidential , fiduciary , contractually implied or other relationship is created between you and the company other than pursuant to this eula . | 0 |
if any provision of this eula 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 this eula , which will remain in full force and effect . | 0 |
failure of the company to act on or enforce any provision of this eula will not be construed as a waiver of that provision or any other provision in this eula . | 0 |
no waiver will be effective against the company unless made in writing , and no such waiver will be construed as a waiver in any other or subsequent instance . | 0 |
except as expressly agreed by the company and you , this eula constitutes the entire agreement between you and the company with respect to the subject matter hereof , and supersedes all previous or contemporaneous agreements , whether written or oral , between the parties with respect to the subject matter herein . | 0 |
the section headings are provided merely for convenience and will not be given any legal import . | 0 |
this eula will inure to the benefit of our successors and assigns . | 0 |
y ou may not assign this eula or any of the rights or licenses granted hereunder , directly or indirectly , including by sale , merger , change of control , operation of law or otherwise , without the prior express written consent of the company . | 0 |
this means that in the event you dispose of any device on which you have installed any app , such as by sale or gift , you are responsible for deleting any such app -lrb- s -rrb- from your mobile device prior to such disposition . | 0 |
the company may assign this eula , including all its rights hereunder , without restriction . | 0 |
contact us.if you would like to contact us in connection with your use of the service , then please refer to the contact information below : by mail at musical.ly , inc. , 2461 santa monica blvd , p.o. box # 344 , santa monica , ca 90404 , and by email at [email protected] . | 0 |
the apps contain certain open source software . | 0 |
each item of open source software is subject to its own applicable license terms , which can be found at http://musical.ly/opensource.html . | 0 |
you acknowledge that this eula is between you and the company only , not with apple , and apple is not responsible for the apps or the content thereof . | 0 |
apple has no obligation whatsoever to furnish any maintenance and support services with respect to the apps . | 0 |
in the event of any failure of the apps to conform to any applicable warranty , then you may notify apple and apple will refund the purchase price for the relevant apps to you ; and , to the maximum extent permitted by applicable law , apple has no other warranty obligation whatsoever with respect to the apps . | 0 |
apple is not responsible for addressing any claims by you or any third party relating to the apps or your possession and/or use of the apps , including , but not limited to : -lrb- i -rrb- product liability claims ; -lrb- ii -rrb- any claim that the apps fail to conform to any applicable legal or regulatory requirement ; and -lrb- iii -rrb- claims arising under consumer protection or similar legislation . | 0 |
apple is not responsible for the investigation , defense , settlement and discharge of any third party claim that the apps or your possession and use of the apps infringe that third party 's intellectual property rights . | 0 |
you agree to comply with any applicable third party terms , when using the apps . | 0 |
apple , and apple 's subsidiaries , are third party beneficiaries of this eula , and upon your acceptance of this eula , apple will have the right -lrb- and will be deemed to have accepted the right -rrb- to enforce this eula against you as a third party beneficiary of this eula . | 0 |
you hereby represent and warrant that -lrb- i -rrb- you are not located in a country that is subject to a u.s. government embargo , or that has been designated by the u.s. government as a `` terrorist supporting '' country ; and -lrb- ii -rrb- you are not listed on any u.s. government list of prohibited or restricted parties . | 0 |
if the company provides a translation of the english language version of this eula , the translation is provided solely for convenience , and the english version will prevail . | 0 |
crowdtangle , inc. -lrb- `` crowdtangle , '' `` we '' or `` us '' -rrb- is a social analytic platform that helps publishers and media companies surface stories that matter , measure their social performance and identify influencers . | 0 |
these terms and conditions -lrb- `` terms of service '' -rrb- govern your access to and use of crowdtangle 's website , platform integrations and other features or services -lrb- collectively , our `` services '' -rrb- , and any and all information , text , graphics , photos or other materials uploaded , downloaded , or appearing on the services -lrb- collectively `` content '' -rrb- . | 0 |
in order to access and use our services , you agree to these terms of service , which incorporate by reference the crowdtangle privacy policy . | 1 |
crowdtangle may , in its sole discretion , update or otherwise change the terms of service from time to time . | 1 |
when crowdtangle changes the terms of service in a material manner , we will modify the ` effective ' date at the bottom of these terms of service . | 0 |
your continued use of the services after any such change constitutes your acceptance of the new terms of service . | 1 |
subject to the terms and conditions set out in these terms of service , you are hereby granted a non-exclusive , limited , non-transferable , freely revocable license to use the services for your internal business purposes . | 0 |
crowdtangle reserves all rights not expressly granted herein in the services or the content . | 0 |
crowdtangle and its licensors retain title to and ownership of all rights -lrb- including copyright , trade-mark , patent , trade secret and all other intellectual property rights -rrb- in and to the services and crowdtangle 's content . | 0 |
you acquire no rights whatsoever to all or any part of the services except for the limited use rights granted by these terms of service . | 0 |
all rights not expressly granted to you are reserved to crowdtangle and its licensors . | 0 |
you may choose to , or we may invite you to , submit comments or ideas about the services , including without limitation about how to improve the services or our products -lrb- `` feedback '' -rrb- . | 0 |
by submitting any feedback , you agree that your disclosure is gratuitous , unsolicited and without restriction and will not place crowdtangle under any fiduciary or other obligation , and that we are free to use the feedback without any additional compensation to you , and/or to disclose the feedback on a non-confidential basis or otherwise to anyone . | 0 |
you further acknowledge that , by acceptance of your submission , crowdtangle does not waive any rights to use similar or related ideas previously known to crowdtangle , or developed by its employees , or obtained from sources other than you . | 0 |
crowdtangle may terminate the license granted per these terms of service at any time at its discretion . | 1 |
we may maintain different types of accounts for different types of users , such as -lrb- i -rrb- an individual account , or -lrb- ii -rrb- an account opened on behalf of a company , organization , or other entity . | 0 |
depending on the nature of your account , `` you '' will refer to yourself and any entity that you are acting on behalf of . | 0 |
when creating your account , you must provide accurate and complete information as requested , including personal information such as your name and contact information . | 0 |
you must keep this information up to date . | 0 |
for accounts created per section 1 -lrb- ii -rrb- above , you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this agreement , and that you agree to this agreement on the entity 's behalf . | 0 |
each unique user must represent a person and not any sort of automated bot or set of people . | 0 |
you are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account . | 0 |
you must notify crowdtangle immediately of any breach of security or unauthorized use of your account . | 0 |
crowdtangle will not be responsible for any loss or damages resulting from your failure to comply with this obligation or otherwise any unauthorized use of your account . | 0 |
you may never use another 's account without permission . | 0 |
accounts can not be offered to anyone not employed by you or acting on your behalf . | 0 |
you are responsible for , and assume all risks associated with , your use of the services and for any content accessed or made available to others through your account -lrb- even if that content is accessed or made available by others -rrb- . | 0 |
crowdtangle will not be held responsible for your use of the services . | 0 |
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