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if you do not agree to these amended terms , you may close your account within the 30-day period and you will not be bound by the amended terms .
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c. judicial forum for legal disputes
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unless you and we agree otherwise , in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute , either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order , you agree that any claim or dispute that has arisen or may arise between you and ebay must be resolved exclusively by a state or federal court located in salt lake county , utah .
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you and ebay agree to submit to the personal jurisdiction of the courts located within salt lake county , utah for the purpose of litigating all such claims or disputes .
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except as otherwise provided in this agreement , if any provision of this user agreement is held to be invalid , void or for any reason unenforceable , such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions .
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in our sole discretion , we may assign this user agreement , and in such event , we will post notice on www.ebay.com .
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headings are for reference purposes only and do not limit the scope or extent of such section .
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our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches .
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we do not guarantee we will take action against all breaches of this user agreement .
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we may amend this user agreement at any time by posting the amended terms on www.ebay.com .
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our right to amend the user agreement includes the right to modify , add to , or remove terms in the user agreement .
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we will provide you 30 days ' notice by posting the amended terms .
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additionally , we will notify you through the ebay message center and/or by email .
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your continued access or use of our services constitutes your acceptance of the amended terms .
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we may also ask you to acknowledge your acceptance of the user agreement through an electronic click-through .
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this user agreement may not otherwise be amended except through mutual agreement by you and an ebay representative who intends to amend this user agreement and is duly authorized to agree to such an amendment .
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the policies posted on our sites may be changed from time to time .
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changes take effect when we post them on the ebay site .
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if you create or use an account on behalf of a business entity , you represent that you are authorized to act on behalf of such business and bind the business to this user agreement .
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such account is owned and controlled by the business entity .
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no agency , partnership , joint venture , employee-employer or franchiser-franchisee relationship is intended or created by this user agreement .
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the user agreement , the user privacy notice , and all polices posted through our services set forth the entire understanding and agreement between you and ebay , and supersede all prior understandings and agreements of the parties .
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the following sections survive any termination of this user agreement : fees , content , disclaimer of warranties ; limitation of liability ; release , indemnity , legal disputes , and general .
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if you are a california resident , in accordance with cal .
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code § 1789.3 , you may report complaints to the complaint assistance unit of the division of consumer services of the california department of consumer affairs by contacting them in writing at 400 r street , sacramento , ca 95814 , or by telephone at -lrb-800-rrb- 952-5210 .
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pursuant to 815 ilcs 414/1 .5 -lrb- c -rrb- , for transactions involving tickets to events in illinois , buyers and sellers may elect to submit complaints against one another to the american arbitration association -lrb- `` aaa '' -rrb- under its rules and procedures .
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the aaa 's rules are available at www.adr.org .
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such complaints shall be decided by an independent arbitrator in accordance with this user agreement .
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buyers and sellers further agree to submit to the jurisdiction of the state of illinois for complaints involving a ticketed event held in illinois .
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effective date : june 28 , 2016
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masquerade technologies , inc. -lrb- `` masquerade , '' `` we '' or `` us '' -rrb- offer services such as the masquerade app -lrb- the `` app '' -rrb- that enable people to use filters and masks -lrb- `` masks '' -rrb- for a range of activities , like photo and video editing , and sharing .
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these terms of service -lrb- these `` terms '' -rrb- govern your use of the app , our website -lrb- http://msqrd.me/ or the `` site '' -rrb- and other features , functionality , products , and services we offer or make available -lrb- collectively , the `` services '' -rrb- .
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by using our services , you agree to be bound by these terms .
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we may also provide notice of or ask you to accept supplemental terms relating to specific products or services , which are incorporated into these terms by this reference .
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if such supplemental terms conflict with these terms , the supplemental terms will govern solely with respect to your use of the associated product or service and to the extent of the conflict .
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if you are a masquerade user located in the united states or canada , our terms contain a binding arbitration provision , which states that , except if you opt out and except for certain types of disputes , masquerade and you agree to resolve all disputes through binding individual arbitration , which means that you waive your right to participate in class actions , class arbitrations , or representative actions .
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please read the `` special arbitration provision for united states or canada users '' section below to learn more .
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you must be at least 13 years old to use our services -lrb- or such greater age required in your country for you to be authorized to use our services without parental approval -rrb- .
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in addition to being the minimum age required to use our services under applicable law , if you are not old enough to have authority to agree to our terms in your country , your parent or guardian must agree to our terms on your behalf .
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when you use our services , you may have the option , or be required , to register for an account .
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when you create an account , you agree to provide accurate , up to date information as required for the account registration .
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you also agree that you will not use , or attempt to use , another user 's account without authorization from such user .
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masquerade reserves the right to change , suspend , remove , discontinue , impose limits on , or disable access to the services or any portions thereof or your use thereof .
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for example , we may need to do so in connection with an update to our services , like to bring you the most up-to-date and innovative features , or to address a legal or safety concern .
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for as long as you use our services , you consent to downloading and installing updates to our services , including automatically .
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we currently provide our services for free , but please be aware that when you use our services you are responsible for your carrier 's rates and fees , such as text messaging and data charges , which apply .
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we do not guarantee that the services -lrb- including the app -rrb- can be used on any particular device or with any particular service plan .
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masquerade 's privacy policy describes our information practices , including the types of information we receive and collect and how we use and share this information .
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you agree to our data practices , including the collection , use , processing , and sharing of your information as described in our privacy policy , as well as the transfer and processing of your information to the united states and other countries globally where we have or use facilities , service providers , or partners , regardless of where you use our services .
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you acknowledge that the laws , regulations , and standards of the country in which your information is stored or processed may be different from those of your own country .
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you may only use our services in accordance with our terms -lrb- including any supplemental terms -rrb- and policies -lrb- our `` terms and policies '' -rrb- .
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if we disable your account for a violation of our terms and policies , you agree that you will not create another account without our permission .
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you may only access and use our services for lawful , authorized , and acceptable purposes .
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you will not access or use -lrb- or assist others to access or use -rrb- our services in ways that : -lrb- a -rrb- violate , misappropriate , or infringe the rights of masquerade , our users , or others , including privacy , publicity , intellectual property , or other proprietary rights ; -lrb- b -rrb- are illegal , obscene , defamatory , threatening , intimidating , harassing , hateful , racially or ethnically offensive , or instigate or encourage conduct that would be illegal , or otherwise inappropriate , including promoting violent crimes ; -lrb- c -rrb- violate masquerade 's terms and policies , or facebook 's community standards ; -lrb- d -rrb- involve publishing falsehoods , misrepresentations , or misleading statements ; -lrb- e -rrb- impersonate someone ; -lrb- f -rrb- involve sending illegal or impermissible communications such as spam , bulk messaging , auto-messaging , auto-dialing , other unsolicited advertising or messages , and the like ; or -lrb- g -rrb- involve any non-personal use of our services not otherwise authorized by us .
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`` content '' means any information , images , photos , videos , masks , communications , or other content .
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masquerade does not endorse or make any representations or warranties about , and has no obligation to review , screen , or otherwise control , content connected with the services .
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masquerade may remove any content from the services at our discretion , including if we believe it violates our terms and policies .
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you are responsible for any content that you `` make available '' , which includes providing , sharing , otherwise making available to masquerade or in connection with our services via any mechanism -lrb- `` your content '' -rrb- .
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your content does not include any content owned by masquerade or third parties .
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also , your content must not include content that is illegal , obscene , defamatory , threatening , intimidating , harassing , hateful , racially or ethnically offensive , libelous , invasive of another 's privacy , bigoted , inflammatory , vulgar , sexually explicit , pornographic , violent , discriminatory , or harmful to minors in any way , that would instigate or encourage conduct that would be illegal , or otherwise inappropriate , including promoting violent crimes or that violate facebook 's community standards or masquerade 's terms and policies .
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harm to masquerade or others .
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you must not -lrb- or assist others to -rrb- access , use , copy , adapt , modify , prepare derivative works based upon , distribute , license , sublicense , transfer , display , perform , or otherwise exploit our services -lrb- or systems -rrb- in impermissible or unauthorized manners , or in ways that burden , impair , or harm us , our services , systems , our users , or others , including that you must not directly or through automated means : -lrb- a -rrb- reverse engineer , decompile , or extract code from our services ; -lrb- b -rrb- send , store , or transmit viruses or other harmful computer code through or onto our services -lrb- or systems -rrb- ; -lrb- c -rrb- interfere with or disrupt the integrity or performance of our services -lrb- or systems -rrb- ; -lrb- d -rrb- create accounts for our services through unauthorized or automated means ; -lrb- e -rrb- collect the information of or about our users in any impermissible or unauthorized manner ; or -lrb- f -rrb- intimidate , harass , interfere with , negatively affect or inhibit another user 's use and enjoyment of the services .
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you are responsible for the use of your account , and for keeping your device , account and any related passwords secure .
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please notify us of any unauthorized use or breach of your account or our services at https://www.facebook.com/whitehat .
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our services may allow you to access , use or interact with websites , apps , content or other products and services provided by facebook and other facebook affiliates -lrb- collectively `` facebook companies '' -rrb- , or third parties -lrb- `` third-party services '' -rrb- .
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the facebook companies and third-party services ' terms and privacy policies will govern your use of such services .
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for example , you may choose to share photos or other content from our services to your facebook account and facebook audiences you choose , and then facebook 's statement of rights and responsibility and data policy will apply to your use of the facebook service as well as the content once it is shared to the facebook service .
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please note that when you access facebook companies and third-party services through our services , masquerade is not responsible for those third-party services and masquerade does not endorse or make any representations or warranties about those facebook companies or third-party services .
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the services contain content owned or licensed by masquerade from third parties -lrb- `` masquerade content '' -rrb- .
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as between you and masquerade , masquerade owns and retains all copyrights , trademarks , domains , trade secrets , patents , and other intellectual property rights in and to our services , including the masquerade content .
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as defined above in section 3 , `` content '' means any information , images , photos , videos , masks , communications , or other content .
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`` your content '' means any content that you `` make available '' , which includes providing , sharing , otherwise making available to masquerade or in connection with our services via any mechanism .
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you own your content , which includes the photos or videos that you share in connection with our app and your mask content that you make available in accordance with our mask provider terms , which are incorporated into these terms by this reference .
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your content does not include masquerade content .
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when you make your content available to masquerade or in connection with the services , you represent and warrant that : -lrb- a -rrb- you own your content or otherwise have the right to grant the licenses to use your content as set forth in these terms , -lrb- b -rrb- the use of your content as set forth in these terms does not violate , misappropriate or infringe on the rights of any third party , including , privacy rights , publicity rights , copyrights , trademark or other intellectual property or proprietary rights , and -lrb- c -rrb- you agree to pay for all royalties , fees , and any other monies owed by reason of use of your content as set forth in these terms .
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masquerade 's license to you .
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we grant you a personal , limited , revocable , non-exclusive , non-sublicensable , and non-transferable license to access and use our services , including to use masks provided via the services , subject to and in accordance with our terms and policies .
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we also grant you a license -lrb- solely with respect to the masks contained with your implementation -rrb- , with the right to sublicense , to download , use , reproduce , modify , create derivative works of , distribute , publicly display or publicly perform your implementation , including in connection with our services or any facebook companies or third-party services .
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except as expressly set forth above , no licenses or rights are granted to you by implication or otherwise .
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you hereby grant to masquerade , facebook , and our other affiliates a worldwide , irrevocable , perpetual , royalty-free , fully paid , sub-licensable , transferable license to use , reproduce , modify , make derivative works of , distribute , publicly display or perform your content in connection with the services , including our services ' integrations with facebook companies or third-party services , or otherwise with your consent .
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masquerade respects the intellectual property rights of others and we expect our users to do the same .
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we may terminate your account if you repeatedly infringe the intellectual property rights of others .
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to report claims of third-party copyright , trademark , or other intellectual property infringement , please email an intellectual property report to us at [email protected] or to our designated agent :
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your use of the services is at your own risk .
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we are providing our services on an `` as is '' basis without any express or implied warranties , including , but not limited to , and we exprsssly disclaim , any warranties of merchantability , fitness for a particular purpose , title , non-infringement , and freedom from computer virus or other harmful code .
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we do not warrant that any information provided by us is accurate , complete , or useful , that our services will be operational , error free , secure , or safe , or that our services will function without disruptions , delays , or imperfections .
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we do not control , and are not responsible for , controlling how or when our users use our services or the features , services , and interfaces our services provide .
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we are not responsible for and are not obligated to control the actions or information -lrb- including content -rrb- of our users or other third parties .
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some jurisdictions may not allow certain limitation on or exclusion of implied warranties , so some of the above limitation or exclusions may not apply in full to you .
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you release us , our affiliates , and our and their directors , officers , employees , partners , agents , successors and assigns -lrb- together , the `` masquerade parties '' -rrb- from any claim , complaint , cause of action , controversy , or dispute -lrb- together , `` claim '' -rrb- and damages , known and unknown , relating to , arising out of , or in any way connected with any such claim you have against any of our users or other third parties .
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you waive any rights you may have under california civil code § 1542 , or any other similar applicable statute or law of any other jurisdiction , which says that : 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 .
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the masquerade parties will not be liable for any lost profits or indirect , special , incidental , consequential , exemplary , or punitive damages relating to , arising out of , or in any way in connection with these terms and policies , us , our services , or any content even if the masquerade parties have been advised of the possibility of such damages .
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our aggregate liability relating to , arising out of , or in any way in connection with masquerade 's terms and policies , us , our services , or any content will not exceed the greater of one hundred dollars -lrb- $ 100 -rrb- or the amount you have paid masquerade in the past twelve months .
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the foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law .
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the laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages , so some or all of the exclusions and limitations set forth above may not apply to you .
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notwithstanding anything to the contrary in our terms , in such cases , the liability of the masquerade parties will be limited to the fullest extent permitted by applicable law .
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you agree to defend at our option , indemnify and hold harmless the masquerade parties from and against all liabilities , claims , damages , losses and expenses of any kind -lrb- including reasonable legal fees and costs -rrb- relating to , arising out of , or in any way in connection with any of the following : -lrb- a -rrb- your access to or , use of , or inability to use the services , including information provided in connection therewith ; -lrb- b -rrb- your breach or alleged breach of our terms and policies ; -lrb- c -rrb- any misrepresentation made by you ; or -lrb- d -rrb- your content .
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we may amend these terms .
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we will provide you notice of amendments to our terms , as appropriate , and update the `` effective date '' at the top of our terms .
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your continued use of our services following such amendment confirms your acceptance of our terms , as amended .
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