TERMS OF USE


Last updated April 4th, 2020



AGREEMENT TO TERMS


These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Humen, Inc, doing business as Sway ("Sway", “Company”, “we”, “us”, or “our”), concerning your access to and use of the https://getsway.app website, the Sway mobile application, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). You agree that by accessing the Service, you have read, understood, and agree to be bound by these Terms of Use and agree to the collection, use and disclosure of your information (including personal information) in accordance with Sway’s Privacy Policy available at https://www.getsway.app/privacy.html. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE AND PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING, ACCESSING OR SUBMITTING ANY INFORMATION TO THE SERVICE.


Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Service after the date such revised Terms of Use are posted.


The information provided on the Service 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 Service from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


THE SERVICE

 

Sway provides you with AI-powered motion filters that can make you appear to dance, do stunts or other movements with just a few taps. You record yourself for approximately 30 seconds to create an avatar, preview and select one of the many dance or movement compositions available and watch yourself move like the chosen composition.



The Service is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Service. If you are a minor, you represent and warrant to us that you have such permission and your parent or legal guardian has read and agreed to these Terms of Use and the Privacy Policy prior to you using the Service, as well as any updates as provided above. We recommend that parents or legal guardians who permit their child to access and use the Service supervise such child’s activity, including without limitation, the copying of any videos available on the Service or engagement with any other user on the Service.


ACCOUNT CREATION


To access certain parts of the Service, you will be required to create an account or register with the Service. Currently you can sign in with your Apple, Google, or Facebook login credentials to create an account or you may create separate login credentials with your email address. You agree to keep your password confidential and will be responsible for all use of your account and password. You also agree that you will comply with all applicable laws and these Terms of Use when accessing or using the Service and you will act respectfully toward other users you encounter in your use of the Service. We reserve the right to terminate an account at any time, including if you have failed to comply with any of the provisions of these Terms of Use, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Service or infringe or violate any third party rights, or violate any applicable laws or regulations. Your user account is for your personal, non-commercial use only.


If you would like to delete your account, please contact us at hi@getsway.app and we will guide you through the process. Please note that once you have deleted your account, you will not be able to reactivate your account or retrieve any content of information that was contained in your account. If you would like to delete the videos you have generated and/or uploaded on the Service, you can do so by visiting your account Settings or emailing us at hi@getsway.app.


INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein or used in connection with the Service (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Service “AS IS”.. Except as expressly provided in these Terms of Use, no part of the Service 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.


Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.


USER REPRESENTATIONS


By using the Service, you represent and warrant that: (1) all account 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 Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service; (6) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Service for any illegal or unauthorized purpose; and (8) your use of the Service 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 Service (or any portion thereof).



PROHIBITED ACTIVITIES


You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.


As a user of the Service, you agree not to:

  • access or use the Service if you are not fully able and legally competent to agree to these Terms of Use;
  • make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Service or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
  • distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof
  • market, rent or lease the Service for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
  • make the Service (or your account) available to any third party, whether for free or a fee or charge;
  • use the Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
  • interfere with or attempt to interfere with the proper working of the Service, disrupt our website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
  • incorporate the Service or any portion thereof into any other program, product, or service. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Service in our sole discretion;
  • use automated scripts to collect information from or otherwise interact with the Service;
  • use the Service to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
  • use the Service for any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
  • use the Service in violation of applicable local, state, federal or international law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • intimidate, defame, stalk or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • use or attempt to use another’s account, service or system without our prior written authorization, or create a false identity on the Service;
  • use the Service in a manner that may undermine the purposes of the Service; or
  • upload, transmit, distribute, store or otherwise make available in any way any private or personal information of any third party, including addresses, phone numbers, email addresses, or credit card information;


We reserve the right, at any time and without prior notice, to remove or disable access to content in our sole discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms of Use, or otherwise harmful to the Service or our users.


USER GENERATED CONTRIBUTIONS


You can use the Service to create various types of videos and content, including: (i) videos you take to create an avatar (“Source Videos”), (ii) professional dance and other motion videos which you can make public and allow others to copy from (“Motion Videos”) (iii) videos of your digital avatar moving to the movements contained in the Motion Videos (“Generated Videos”), and (iv) content created from Generated Videos such as extraction into stickers or remixed into a new video with a different background, text, etc. (“Remixed Content”) (collectively, the Source Videos, Motion Videos, Generated Video and Remixed Videos shall be referred to as “Contributions”).


Source Videos and Generated Videos

Your Source Videos and Generated Videos are private unless you choose to share them. If you choose to share such videos, theymay be viewable by other users of the Service and through third-party websites and apps, including Instagram and Snapchat.

 

Contributions

By making Motion Videos available on the Service, you acknowledge and agree that Company as well as other users of the Service may copy or otherwise use your Motion Videos, including without limitation, by combining it with their avatar to create videos/movements featuring them or by overlaying their likeness, filters, graphics and other elements onto your Motion Video(s). Motion Videos may be viewable by other users of the Service and through third-party websites and apps, including Instagram and Snapchat. As such, any Motion Videos you transmit will be treated as non-confidential and non-proprietary.


Any Contributions you transmit through the Service, other than Source Videos and Generated Videos which you have chosen to not share, will be treated as non-confidential and non-proprietary. Whenever you access or use a feature that allows you to upload or transmit Contributions through the Service, or to connect with other users through the Service, you must comply with the standards set out in “Prohibited Activities” above. In addition, when you create or make available any Contributions, you herebyrepresent and warrant that:


1. 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. For example, do not upload any Contributions containing music for which you do not have the rights to copy, distribute, or perform. Even if you own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, do not post such sound recordings to the Service unless you have all permissions, clearances from, or are authorized by, the owner of the content to submit it to the Service.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person, object or material, as applicable, in your Contributions to use the name or likeness of each and every such identifiable individual person, object or material, to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms of Use.For instance, do not upload videos featuring your friends, family or others unless you have their prior written consent.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials.
6. Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate, endorse, condone or promote racism, bigotry, hatred or physical harm or violent acts against any individual or group of individuals. They do not encourage or provide instructions for a criminal offence, dangerous activities or self-harm.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or features any person under the age of 18 (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) without first obtaining written permission from such person’s parent or legal guardian, and which written permission grants you all rights necessary or required for you to grant Company the license in and to such Contribution.
12. Your Contributions do not violate any federal or state law concerning child pornography, or which are otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive actions or comments that are connected to race, national origin, gender, sexual preference, or physical disability.
14. Your Contributions do not otherwise violate any provision of these Terms of Use, or any applicable law or regulation, or contain any content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose the Company, the Service or its users to any harm or liability of any type.


Any use of the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Service.


If during your use of the Service you discover any content that violates these Terms of Use, you can report it by emailing us at hi@getsway.app.


Company takes reasonable measures to expeditiously remove from our Service any material infringing the intellectual property rights (including copyright) of others that we become aware of. It is Company’s policy, in appropriate circumstances and in its discretion, to disable or terminate the accounts of users of the Service who repeatedly infringe the intellectual property rights of others.


We reserve the right to cut, crop, edit, or refuse to publish your Contributions in our sole discretion. We have the right to remove, disallow, block or delete any content you submit to our Service if, in our opinion, your content does not comply with these Terms of Use. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any Contributions (i) that we consider to violate these Terms of Use, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. We do not guarantee the accuracy, integrity, appropriateness or quality of any Contributions, and under no circumstances will we be liable in any way for any Contributions.



CONTRIBUTIONS LICENSE


By posting or submitting your Contributions or sharing your Contributions to any part of the Service or to any of your social networking accounts via the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, modify, adapt, reproduce, make derivative works of, publish, transmit, distribute and to authorize other users of the Service and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Contributions in any format and on any platform, either now known or hereinafter invented. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis (i.e., the right to use without paying royalties to any third party).


You also grant us the worldwide right and license to use your personal Source Videos and Generated Videos as required to provide the Service and execute any of your directions or instructions.


You further grant us a royalty-free license to use your user-name, image, voice, likeness, trademarks, logos or other material you provide to identify you as the source of any of your Contributions.


We do not assert any ownership over your Contributions. As between us and you, 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 Service. You are solely responsible for your Contributions to the Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Service; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.


SOCIAL MEDIA


As part of the functionality of the Service, 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 Service; or (2) allowing us to access your Third-Party Account; or (3) by sharing your dance videos through 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) certain 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 Service 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. 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.


FEEDBACK


You can provide us feedback at hi@getsway.app. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Feedback") provided by you to us, whether through the email provided above or any other means, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.


THIRD-PARTY WEBSITE AND CONTENT


The Service may contain (or you may be sent via the Service) 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 Service or any Third-Party Content posted on, available through, or installed from the Service, 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 Service 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 Terms of Use 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 Service or relating to any applications you use or install from the Service. 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 harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless 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.


ADVERTISERS


We allow advertisers to display their advertisements and other information in certain areas of the Service, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Service and any services provided on the Service or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Service, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.


SITE MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, 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 Service 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 Service in a manner designed to protect our rights and property and the rights of our users and to facilitate the proper functioning of the Service.


PRIVACY POLICY


We care about data privacy and security. Please review our Privacy Policy: https://www.getsway.app/privacy.html. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Service as quickly as is reasonably practical.

 

USER DATA


We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. 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 Service. 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.


DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY


Notifications


We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Serviceinfringes your copyright, you should consider first contacting an attorney.


All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by the Notification, a representative list of such works on the Service; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.


Counter Notification


If you believe your own copyrighted material has been removed from the Service as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.


If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.


Designated Copyright Agent

Tinghui Zhou

Attn: Copyright Agent

600 California St

San Francisco 94108

Email: dmca@humen.ai


OTHER INTELLECTUAL PROPERTY INFRINGEMENT


In your use of the Service, you agree not to display or use in any manner inconsistent with the rights of Company or such third parties any (i) trademark, service mark, logo, design, insignia, trade dress, slogan, or other brand features, either registered under the laws of the United States or any other country or jurisdiction, or unregistered and existing at common law, belonging to Company or any third party, or (ii) any text, image, video, or other item of content, that violates any other intellectual property right of any third party, including, without limitation, any right of privacy or publicity, unless you obtain Company’s or such third party’s prior written permission.


Company reserves the right to remove any Contributions that allegedly infringes another party’s trademark, service mark or other intellectual property right. Notices to Company regarding any such alleged infringement should be directed to Company via email at: [EMAIL] and shall include all the same information required to be included in any copyright infringement notice as set forth in the “DMCA Notice and Policy” section above.


If we remove your Contribution because of an infringement report provided to us pursuant to this section, you will receive a notification from us that includes the name and email address of the rights holder who made the report and/or the details of the report. If you believe such Contribution should not have been removed, you can follow up with the rights holder directly to try to resolve the issue. Company does not provide a counter-notice or appeal mechanisms for claims of trademark and non-copyright IP infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.

 

TERM AND TERMINATION


These Terms of Use shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (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 TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE 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.


MODIFICATIONS AND INTERRUPTIONS 


We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason in our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify, suspend or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.


We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Serviceor to supply any corrections, updates, or releases in connection therewith.


GOVERNING LAW AND DISPUTE RESOLUTION

 

In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties will consult and negotiate in good faith in an attempt to reach a solution satisfactory to both parties. If the parties do not resolve the dispute within a period of thirty (30) days (or a lesser period given the urgency of the matter), either party may pursue relief as may be available under these Terms of Use. All negotiations pursuant to this section will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.


These Terms of Use will be governed by and construed in accordance with the applicable laws of the State of California, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms of Use must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in San Francisco, California, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in San Francisco, California, USA, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under these Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.

Notwithstanding the provisions above, nothing in these Terms of Use will prevent us from seeking injunctive relief with respect to a violation of these Terms of Use, including without limitation, a violation of intellectual property rights, confidentiality obligations, the “Prohibited Activities” or “User Generated Contributions” sections or enforcement or recognition of any award or order in any appropriate jurisdiction.


CORRECTIONS


There may be information on the Service 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 Service at any time, without prior notice.


DISCLAIMER AND EXCLUSION OF WARRANTIES


TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”


THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE 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 SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR THIRD PARTY SERVICES LINKED TO THE SERVICE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY 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. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR ANY CONTENT SUBMITTED BY SUCH USER THROUGH THE SERVICE.


LIMITATIONS OF LIABILITY


IN 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 SITE, 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 AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). CERTAIN STATE 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.


INDEMNIFICATION


You 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) your Contributions; (2) your use of the Service; (3) yourbreach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) your violation of any applicable law or regulation; or (7) any harmful act toward any other user of the Service with whom you connected via the Service. 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.


ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Service, 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 Service, 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 SITE. 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.


MISCELLANEOUS


These Terms of Use and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use 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 Terms of Use or use of the Service. You agree that these Terms of Use 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 Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


CONTACT US 


In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:


Humen, Inc

600 California St

San Francisco, CA 94108

United States

Phone: (+1)14152941315

ricky@getsway.app