Terms of Use

By accessing and/or using our applications and services, you are accepting and agreeing to be
bound by the terms and conditions below.

Certain features of our Services may be subject to additional guidelines, terms, or rules, which
will be posted with those features and we reserve the right to modify, suspend, or discontinue
these Services (or any portions of them) at any time.

Privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose
information from our users.

Using Our Services

As long as you comply with these Terms, you may use our Services for your personal,
non-commercial purposes.

Mobile App. When you download our software app from the Apple App Store, Google Play or
other app store or app distribution platform (an “App Store”), you acknowledge and agree that:

● These Terms are concluded between us, and not with the App Store, and that we (not
the App Store), are responsible for our software app.
● The App Store has no obligation to furnish any maintenance and support services with
respect to our software app or handle any warranty claims.
● The App Store is not responsible for addressing any claims you have relating to our
software app, such as, product liability claims, consumer protection claims, intellectual
property infringement claims, or any claim that our software app fails to conform to any
applicable legal or regulatory requirement.
● The App Store is a third party beneficiary of these Terms and has the right to enforce
these Terms against you (as it relates to your license of our software app through their
App Store).
● You must also comply with the App Store’s terms of service when using our software
app.

Acceptable Use and Conduct

You are responsible for your conduct when using our Services and you agree that you will use
our Services in compliance with all applicable laws and regulations.

Prohibited Conduct. You agree that you will not engage in (or encourage) any Prohibited
Conduct in connection with your use of our Services. “Prohibited Conduct” means doing things
like:
 ● interfering or disrupting, or attempting to interfere or disrupt, any computer or network
used to provide or support the Services;
● restricting or inhibiting any other user from using and enjoying the Services;
● promoting, encouraging, advocating, or providing instructional information about illegal
activities;
● harassing, bullying or threatening other users;
● impersonating another person or representing yourself as affiliated with us, our staff or
other industry professionals;
● soliciting passwords, account information or other personal information from other users;
● except as approved by us in writing, conducting commercial activities and/or promotions
or advertisements;
● subletting your account or offering access to your account to others;
● using the Services for fraudulent transactions or for any purpose that violates any
applicable local, state, national, or foreign laws, regulations, or treaties; or
● violating these Terms or creating liability for us.

Prohibited Content. You agree that you will not send any Prohibited Content. “Prohibited
Content” means content that:

● is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
● bullies, defames, harasses or advocates stalking of, or intimidates another person;
● involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or
“spamming;”
● is false or misleading or promotes, endorses or furthers illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
● is threatening, including threats directed at minors, threats against another individual or
their family or friends;
● is shared for sadistic effect or to celebrate or glorify violence;
● is obscene, pornographic, or explicitly sexual;
● infringes another person’s content without a license to do so;
● promotes, copies, performs or distributes an illegal or unauthorized copy of another
person’s work, whether it is protected or not, such as, presenting the work of a third party
as your own (plagiarism) or providing pirated music, videos, or movies, or links to such
content;
● contains viruses, Trojan horses, worms, time bombs, or similar software; or
● violates these Terms or creates liability for us.

Content You Provide. You are responsible for the content (like the text and images) that you
transmit through our Services (your “Content”), including its legality, reliability, and
appropriateness. You may not transmit Content that you don’t have the right to publish. Your
Content remains your Content. By sharing your Content through our Services, you give us the
right and license to use, reproduce, publish, display, distribute, and transmit your Content to
provide you with our Services and to make your Content available to other users who you
authorize to access and/or view your Content, subject to these Terms.
Enforcement by Us. We have the right (but not the obligation) to review any or all portions of
your Content and delete (or modify) any of your Content from our Services for any reason,
including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited
Content, or that we believe is or promotes Prohibited Conduct or threatens the safety of, or
harms any other person, or creates liability for us or any other person. We reserve the right (but
have no obligation) to investigate and take appropriate action, including removing your Content
from our Services (or modifying it), suspending or terminating your account and/or suspending
or terminating the provision of our Services to you, and/or reporting you to law enforcement
authorities, if you violate any provision of these Terms. In order to cooperate with governmental
requests, subpoenas or court orders, to protect our systems, service providers, partners, and
other users, or to ensure the integrity and operation of our business and systems, we may
access and disclose any information or content we consider necessary or appropriate, including
your device ID or IP address, usage history, your Content, and your conduct.

Copyright Policy

It is our policy to remove, or disable access to, material that infringes any copyright on our
Services after we have been notified by the copyright owner or the copyright owner’s legal
agent. If you believe that your work has been copied and posted on through our Services in a
way that constitutes copyright infringement, please provide our copyright agent with the
following information:

● an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
● an identification of the copyrighted work that you claim has been infringed;
● a description of where the material that you claim is infringing is located on our Services;
● your address, telephone number, and e-mail address;
● a written statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or law;
● a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.

Other Services

Our Services may contain links to content, products or services provided by other people and
businesses, which are not under our control and we are not responsible for their content,
services, performance, operation, availability, business practices or policies (including their
privacy and data gathering practices). We are providing these products and services only as a
convenience but we do not imply any endorsement or recommendation of their product or
services, or of any association of us with them. Access or use of their products and services, is
at your own risk and any charges or obligations you incur in your dealings with them is your
responsibility.

Ownership

You acknowledge that all intellectual property rights in our Services, including the underlying
software and technology and the information and content available on our Services are owned
by us and our suppliers (including other users), are protected by copyright laws throughout the
world. We and our suppliers (including other users) reserve all rights not granted in these Terms.
We may use any suggestions, ideas, feedback, or recommendations you give to us about our
Services for any purpose and without any obligation to you.

Termination

We reserve the right to terminate or suspend your account or your access to any or all portions
of the Services at any time, for any reason, including your violation or breach of any provision in
these Terms. When your account is terminated, you will no longer be able to access or use the
Services through your account.

Disclaimer

Your access and use of our Services is at your own risk. You agree that any Content you submit
or receive through our Services is done at your own discretion and risk. We are not responsible
for the content provided by, or the conduct of, any user and you bear the entire risk of using the
Services and any interactions with other users. Our Services are provided on an “AS IS” and
“AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Services will be
provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES
REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS,
OR CURRENTNESS. If applicable law requires any warranties with respect to our Services, all
such warranties are limited in duration to thirty (30) days from the date of your first use of our
Services.

Indemnification

You agree to defend, indemnify, and hold us harmless from any claim, liability, loss, injury,
damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to
(a) your use of the Services (other than in accordance with these Terms), (b) any Content you
provide, or (c) your violation or breach of any provision in these Terms.

Limitation of Liability

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS,
REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED
BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR
ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE
SERVICES AND IN NO EVENT WILL IT EXCEED $50. IN ALL CASES, WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation
of liability for consequential or incidental damages, so the limitations above may not apply to
you.

General Provisions

These Terms constitute the entire agreement between us with respect to the subject matter and
supersedes and merges any prior proposals, understandings and contemporaneous
communications. These Terms may be amended by us from time to time. If we make material
changes to these Terms, we will notify you by posting the revised Terms or notifying you through
the Services or your account. Your continued use of the Services after the changes go into
effect will constitute your agreement to such changes. These Terms will be governed by and
construed in accordance with the laws of the State of New York, without regard to or application
of conflicts of law rules or principles. By using our Services you consent to personal jurisdiction
and venue in the state and federal courts for Nassau County, New York for any lawsuit filed
there against you by us arising from or relating to these Terms or our Services. If any part of
these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and the remaining provisions
of these Terms will remain in full force and effect.

Contacting Us

If you have any questions about these Terms, please contact us at [email protected]

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