End User License Agreement

Effective Date November 15, 2021
Welcome to the Spotmy website and mobile application (collectively, the “Service”) of 2Blo Productions, LLC (“we”, “us, “our”). We provide end users (“you”) accessing, browsing, logging into, and otherwise using the Service, entertainment services and a social network available on the Service which enables you to create games (“Games”), post, share content and interact with other users of the Service and other services (e.g., Facebook, Twitter, Instagram, Tik Tok, YouTube), subject to your compliance with the terms and conditions set forth below (the “Terms of Use”), the applicable terms and conditions of any third party website to which our Service is linked, and all applicable laws of any nation or other governmental body throughout the universe where the Service is accessible. Our Service is made available to you for your private and non-commercial use, unless we enter into a separate agreement with you that would govern any such commercial use. By accessing or otherwise using the Service, you accept these Terms of Use. If you do not agree to them, DO NOT USE THIS SERVICE. While you can use elements of the Service without creating a user-account (e.g., you won’t be able to create Games or win prizes without creating an account), you cannot use any aspect of the Service without agreeing to these terms. Your continued use of the Service evidences your agreement to be bound by each of the Terms of Use and constitutes a legally binding contract between you and us. From time to time, we will update these Terms of Use, and while we may attempt to notify you of the updates to these Terms of Use, we recommend that you check these Terms of Use periodically. We will also include the date as of which the Terms of Use were last updated so that you can keep track. If there are material updates to these terms, they will generally not go into effect until we send you a notification or thirty (30) days after they are posted on our site. These Terms of Use are a legally binding agreement between you and us and it’s important that you read them carefully. These Terms of Use and our Service generally are meant to be used by persons over the age of 18 (or the applicable age of consent in your applicable jurisdiction), and if you are using our Service and you are under the age of consent in your jurisdiction, then you represent and warrant to us that you have done so with the consent of your parent or guardian who has read these Terms of Use and explained them to you.
We respect your privacy and only collect information which you allow us to collect to improve the Service and its offerings. All of our collection is in compliance with applicable law. For information concerning our collection and use of information as well as all communications between you and us, please refer to our PRIVACY POLICY (“Privacy Policy”). The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you also agree to be bound by the terms of the Privacy Policy. Other policies which are incorporated into these Terms of Use are our [Cookie Policies – which explain the technologies that we (and other sites and applications available through our Service) use to collect data], [Community Standards – which essentially state that our Service and social network are for entertainment, sharing content, and bringing people together, and no one should use our services to bully, harass, promote hate, incite violence, or engage in any other illegal activity] and our [Intellectual Property Principals – which state that we own and/or validly license all of the intellectual property required to make the Service available, and when you upload content or otherwise create or link to content within the Service, you are representing that you are authorized to do so and grant us a gratis, non-exclusive, perpetual license throughout the universe to use, adapt, alter, amend, edit, and otherwise exploit such materials (including any sound recordings and musical compositions included therein)].
You understand and acknowledge that, except as expressly set forth herein, we make no representation, warranty, or guarantee regarding the reliability of the Service or its fitness for a particular purpose. Your use of the Service is entirely voluntary and at your discretion.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. EVEN IF YOU OPT OUT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EACH AGREE TO WAIVE OUR RIGHT TO A TRIAL BY JURY. IF YOU OPT OUT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. Registration on our Service
a. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we shall 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).

b. You will create a password and account designation in connection with the Service’s registration process. You may only create one user I.D. that will be associated with your member account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion.

c. Although you may be able to use aspects of the Service without creating a member account, you acknowledge that some aspects of the Service shall be limited to those individuals who have member accounts.

d. You are responsible for maintaining the confidentiality of your user account password and all other personally identifiable information, and you are fully responsible for all activities that occur under your user account. You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this requirement. We reserve the right to disable your account (or take down some or all of your content) at any time, for any reason (e.g., a violation of our terms) or for no reason.

e. You hereby represent and warrant that you are either: (i) an adult, 18 years old or older, and are able to legally consent to this Terms of Use or (ii) that you are the parent (with sole or shared custody, as applicable) and/or the legal guardian of a minor child who is providing material (the “Minor”) who has the legal capacity to enter into the binding agreements on behalf of the Minor (in which case the Minor and you, both individually, and additionally, you on behalf of the Minor as the Minor’s parent or legal guardian, agree to be bound by all the provisions of this Terms of Use and you guarantee all the Minor’s obligations and duties under the Terms of Use. Individuals under the age of 13 are prohibited from accessing the Service without verified parental consent furnished to us in accordance with the Children’s Online Privacy Protection Act of 1998.

f. If you want, you can either delete your games/account your account, in your account settings. If you delete your games, all of Your Content and the content that you have uploaded and shared on your page will be deleted permanently, although it may take a few days or weeks to remove the material from our servers. However, we cannot guarantee that other users of the Service who have linked to or copied Your Content will also delete Your Content. Additionally, you can contact us at [email protected] to assist with deleting your account.

2. Intellectual Property Rights & Trademarks

None of the text, graphics, software, images, illustrations, logos, patents, trademarks, copyrights, music, multimedia content or other material and the presentation of such material that you see or read on this website and all related code (the “Materials”) may be modifed, re-posted, or used without our express written permission. In connection with your submission of any content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content. You agree that by virtue of using the Service you acquire no right, title, or other interest in and to the Materials other than the limited, revocable, non-exclusive permission set forth herein.
“Spotmy”, as well as our other marks (collectively, “Marks”) may appear on the Service. Without our written permission, you agree not to display or use in any manner, the Marks. In addition, elements of the Service are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without our prior written permission.
We agree that you will own the images, sound recordings, underlying musical compositions, graphics and videos, that you upload or post to our Service (“Your Content”), but you grant to us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual license throughout the universe to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or 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 Content in any format and on any platform, either now known or hereinafter invented. You and/or other users of our Service may use features made available within our Service to alter or edit Your Content, and when such content is altered or edited, such edited content is no longer Your Content. When you submit Your Content through the Service, you agree and represent that you own Your Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Service, to transmit it from the Service to other third-party platforms, and/or adopt any third-party content.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of Your Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions. By uploading Your Content, you waive any rights to prior approval of any materials we and/or other end users create using Your Content, as well as any and all rights of privacy, publicity, or other rights of similar nature in Your Content (or any portion thereof).
You acknowledge that we may earn revenue from the use of Your Content on and off the Service and that, unless we separately enter into an agreement to the contrary, you are not entitled to any compensation from such revenue, other than your ability to use the Service free of charge. Notwithstanding the foregoing, to the extent you are able to win prizes via Games which appear on the Service, we may facilitate getting those prizes to you, but we do not represent or warrant that you will have any particular likelihood of success in winning any such prizes. If you do win a prize through the Service, you agree to post on each of your social media channels that you won the prize and in each such post tag the user who created the contest for which you won the prize and to tag our social accounts and our application in such posts as well.
We are constantly innovating and improving our Service, and if you send us ideas, criticism, comments, suggestions or other feedback regarding our Service, you acknowledge that we have no obligation to review such feedback material. Furthermore, you acknowledge that we may incorporate your feedback and have no obligation to compensate you separately for such feedback. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit your feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody feedback, whether in whole or in part, and whether as provided or as modified.

3. Linked sites and transactions on other sites

This Service contains links to pages on other third-party sites (e.g., Facebook, twitter, Instagram, etc.), and those sites may offer products, services or other resources. Because we have no control over such sites and resources, you acknowledge and agree that we have no responsibility for the accuracy of information provided by or availability of other sites. Links to external sites do not constitute an endorsement by us of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on these other sites or resources. Third party materials accessed through or used by means of these third-party sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF USE DO NOT APPLY TO THIRD-PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD-PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY SITES.

4. Digital Millennium Copyright Act notice

We respect the intellectual property rights of others and have made every effort to secure required clearances for all proprietary intellectual property that we directly make available on the Service and we ask you to do the same. If you reasonably believe or suspect that any material on the Service is infringing, please contact our designated agent at the address below. If you suspect another user of the Service is repeatedly infringing the rights of third-parties, please notify us and we reserve the right to investigate such user and take any actions we deem necessary or advisable thereafter.

5. Confidentiality

It is our company policy that any communication or material you transmit to us, including, without limitation, your content, will be treated as non-confidential and non-proprietary. DO NOT POST OR SHARE ANY CONTENT OR INFORMATION ON THE SERVICE THAT YOU WANT TO BE KEPT CONFIDENTIAL. To restrict access to Your Content, you should select the privacy setting available on the Service.

6. User conduct

a. You represent and warrant that you own or have the all the legal rights to post or upload all Your Content or other information that you post, upload, transmit or otherwise submit to the Service (including via email). You represent and warrant that you will not infringe any copyright, trademark, or patent, or violate any other right of any third party, including rights of privacy and publicity.

b. You are entirely responsible for everything you upload, post, email or otherwise make available on the Service or to us, including, without limitation, Your Content.

c. You may not post, upload, or transmit to the Service or to our servers any communications, text, graphics or other information that: (i) is unlawful, obscene, fraudulent, indecent, defamatory, abusive, harassing, threatening, hateful, or racially-biased, or otherwise advocates or encourages any illegal activity (“Offensive Content”); (ii) contains any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (iii) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (iv) violates the privacy of individuals, including other users of the Service; and/or (v) violates any applicable local, state, national or international law (each of the foregoing, individually and collectively, “Impermissible Content”).

d. Furthermore, you agree that you will not: (i) behave in an abusive manner to any other user of the Service; (ii) breach or circumvent any laws, third party rights, or these Terms of Use; (iii) use any robot, spider, scraper or other automated means to access our Service for any purpose without our express written permission; (iv) take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (v) interfere or attempt to interfere with the proper working of our Service or any activities conducted on or with our Service; (vi) bypass any other measures we may use to prevent or restrict access to our Service; (vii) do anything else that we determine, in our sole discretion, misuses the Service or otherwise negatively impacts or disparages us; (viii) copy (without express authorization), modify, adapt, scrape, translate, reverse engineer, duplicate, disassemble, decompile, or create any derivative works of the Service or any of the content included on the Service or attempt to determine our source code, algorithms, or other proprietary material; and/or (ix) use our Service to spam others, nor will you attempt to sabotage or harm our Service (e.g., installing viruses, trojan horses, etc.) or circumvent our security protocols (each of the foregoing, individually and collectively, “Impermissible Conduct”).

7. Impermissible Content and Impermissible Conduct Monitoring and Takedowns

a. You acknowledge that we will use reasonable efforts to monitor Your Content submissions to ensure that they do not contain any Offensive Content, including reviewing Games prior to making them available on the Service. We, or our authorized agents and/or designees shall have the right to review, crop, edit, or refuse to publish and/or takedown, disallow, block, or delete any of Your Content, posts, or Games which, in our opinion, contain Impermissible Content. In addition, we have the right, but not the obligation, in our sole discretion, to remove, disallow, block or delete any of Your Content (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. Notwithstanding the foregoing, nothing herein shall constitute a guarantee of the accuracy, integrity, appropriateness or quality of any end-user content on the Service (including Your Content), and we will not be liable in any way for Your Content (regardless of whether it is made available to any or all end users of the Service). You acknowledge that we may disclose your identity to any third party who claims that Your Content contains Offensive Content or otherwise contains Impermissible Content.

b. If you would like to file a complaint about any Impermissible Content or report any Impermissible Content, please notify us at [email protected], and we will review your request within twenty-four (24) hours. In your notification to us, please include as much detail as possible including screenshots and your justification for why the content is offensive or otherwise impermissible (e.g., it contains infringing content, nudity, hate speech, etc.).

c. We will remove from our Service any Impermissible Content that we identify or of which we are notified. Furthermore, users who repeatedly post Impermissible Content or engage in Impermissible Conduct may have their accounts suspended and/or disabled.

8. Policy regarding Games

If You have been authorized to create Games within our Service and/or otherwise use our Service to participate in Games, then you acknowledge and agree to be bound by our Game Policy:
a. If you have been authorized to create and host Games within our Service, then:
i. You acknowledge that the images you submit for each Game shall be subject to our review, and we shall have the right to edit, alter, amend and modify such images, without your approval, for the purpose of creating a Game;
ii. To the extent that any Game you create offers any prizes, you represent and warrant that you shall be fully responsible for any redemption of such prizes in accordance with the rules of the applicable Game.
iii. When creating any Game, you will create the applicable rules such as eligibility, scoring, objective, non-discriminatory criteria for winning (e.g., first to complete, highest score within 72 hours of publishing, number of winners and prizes, and the prize for each winner (e.g., first place gets X, second place gets Y, or all finishers with a score in excess of Z get W, etc.)
iv. You agree to determine winners of the Game in accordance with the applicable criteria that you establish.
v. You shall fully indemnify and hold harmless any and all third parties, including us, from any liability which may arise from the Game and the failure to provide prizes offered in connection with such Game;
b. Any end user who either creates a Game and/or participates in a Game acknowledges:
i. The Game(s) shall be subject to and conducted in full compliance with all applicable laws.
ii. We reserve the right to end any Game at any time.
iii. With respect to each Game, winners will be determined according to the specifications which are published and provided for each applicable Game.
iv. You may only have one entry in each Game.
v. You agree to release, indemnify and hold harmless, us, our affiliates, and all third-parties involved in providing the Service (e.g., Apple, Google, device manufacturers, etc.) from any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Game(s) or receipt or redemption of any prize. The winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in any Game or use or redemption of any prize.

9. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.
IN ADDITION, WE DO NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE IF YOU REPEATEDLY FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SERVICE.
YOU ACKNOWLEDGE THAT WE DO NOT MONITOR, EVALUATE OR POLICE ALL CONTENT WHICH IS UPLOADED BY USERS OF THE SERVICE, WHILE WE RESERVE THE RIGHT TO DO SO, WE COULD NOT FEASIBLY EVALUATE EVERY ITEM OF CONTENT UPLOADED TO OUR SERVICE.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR PARENTS, AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, THE USE OR THE INABILITY TO USE THE SERVICE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

11. Indemnity

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, and their respective officers, directors, agents, partners, sponsors and employees of each harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit or transmit to the Service, your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another party.

12. Choice of law and dispute resolution

These Terms of Use and the relationship between you and us shall be governed by, construed and enforced in accordance with the laws of the State of New York and the USA, as it is applied to agreements entered into and to be performed entirely within New York and without regard to any principles of conflicts of laws.
We are available by email at [email protected] to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued as set forth above, then either party may initiate binding arbitration.
You and us each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this arbitration clause and your use of or access to the Service shall be determined exclusively through confidential, final, binding arbitration in New York City before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we may pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration clause. You can choose to reject this requirement to arbitrate (“Opt Out”) by sending us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked (or emailed) no later than thirty (30) days after the date you accept these Terms of Use for the first time. You must mail the Opt-Out Notice to 13013 Raintree Ter Silver Spring MD 20904 and [email protected]. Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any amendment to this section (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by these Terms of Use that have arisen or may arise between you and us.

13. Severability

These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

14. Waiver

Any delay or failure on our part to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

15. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Modification, termination, and miscellaneous

We reserve the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information, content or services available on the Service and any functionality or features in or on the Service, including the cessation of all activities associated with the Service, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We may, in our sole discretion, without notice or liability, terminate your use of the Service for any reason or for no reason, including, without limitation, if we believe that you: (i) have breached these Terms of Use; (ii) infringed the intellectual property right of a third party; (iii) provided any information that we are unable to verify or authenticate; (iv) uploaded or transmitted unauthorized content to the Service; or (v) violated or acted inconsistently with the letter or spirit of these Terms of Use.
We reserve the right to change or modify these Terms of Use at any time. We will notify you of material changes to these Terms of Use by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. You should therefore periodically visit this page to review the most recent Terms of Use. In addition, you will be required to affirmatively accept the new Terms of Use the first time you use the Service and log in to your account after the new Terms of Use take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Use take effect. If you continue using the Service after the new Terms of Use take effect, you will be bound by the modified Terms of Use.
These Terms of Use (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of these Terms of Use will be valid or effective unless mutually agreed to in a signed writing.
We may assign or transfer our rights and obligations under these Terms of Use at any time, provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you. You may not assign or transfer these Terms of Use, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Use or your use of the Service. A person who is not a party to these Terms of Use has no right to enforce any term of these Terms of Use.
Nothing in these Terms of Use is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.

17. Contact Information

If you have any questions about these Terms of Use or your account, please contact us at [email protected].