updated index.html

master
bootje 5 years ago
parent 49f79a0074
commit 4b52234b49

File diff suppressed because one or more lines are too long

@ -27,6 +27,15 @@
}
/*
font-family: 'Open Sans', sans-serif;
font-family: 'PT Sans', sans-serif;
font-family: 'Source Sans Pro', sans-serif;
*/
@ -45,18 +54,19 @@
}
.t_wrapper {
font-family: 'Anonymous Pro', monospace;
font-family: 'Source Sans Pro', sans-serif;
width: 49%;
float: left;
margin-right: 20px;
/* margin-right: 20px;
*/
}
.t_intro {
width: 75%;
margin-top: 20px;
float: right;
margin-left: 15px;
float: left;
}
@ -64,12 +74,14 @@
.t_img {
font-family: Belgika;
font-size: 20pt;
margin-left: 20px;
}
.t_image {
height: 10vh;
margin-top: 30px;
margin-left: 20px;
cursor: pointer;
}
@ -83,40 +95,78 @@
.t_info {
font-family: Belgika;
font-weight: 16th;
font-weight: 18th;
font-size: 8pt;
width: calc(30vw);
float: left;
margin-top: 30px;
margin-left: 20px;
column-count: 2;
}
.legend {
background-color: gainsboro;
width: calc(35vw);
font-family: Belgika;
font-size: 8pt;
margin-top: 50px;
list-style: none;
border: 1px solid black;
padding: 10px;
margin-left: 30px;
float: left;
}
.legendfixed {
position: fixed;
width: calc(35vw);
font-size: 8pt;
margin-top: 100px;
list-style: none;
border: 1px solid black;
}
.legend li { float: left; margin-right: 10px; margin: 5px;}
.legend span { border: 1px solid #ccc; float: left; width: 12px; height: 12px; margin: 2px; }
.t_paragraph {
font-size: 16px;
width: 75%;
padding: 10px;
margin-top: 70px;
margin-top: 650px;
margin-left: 20px;
line-height: 1.5;
float: right;
cursor: pointer;
}
.eachwords {
padding: 2px 5px 4px 5px;
margin: -3px;
cursor: pointer;
}
.t_top_words {
background-color: black;
width: 10vw;
height: 100%;
font-family: Belgika;
font-size: 7.5pt;
color: white;
letter-spacing: 0.5px;
margin-left: 2px;
position: fixed;
top: 0;
right: calc(50vw);
float: right;
}
@ -136,9 +186,8 @@
}
.hide {
background-color: black;
background-color: black !important;
}
.TO:hover, .DT:hover, .IN:hover, .WDT:hover, .WP:hover, .MD:hover, .PRP:hover, .CC:hover, .marks:hover, .comma:hover, .dot:hover {
@ -146,8 +195,8 @@ background-color: black;
}
.adjective {
color: white;
background-color: blue;
color: white !important;
background-color: blue !important;
}
.JJ:hover {
@ -156,16 +205,17 @@ background-color: blue;
}
.noun {
background-color: springgreen;
background-color: springgreen !important;
}
.NN:hover, .NNS:hover {
background-color: springgreen;
}
.verb {
background-color: yellow;
# color: yellow;
background-color: yellow !important;
}
.VB:hover, .VBZ:hover, .VBN:hover, .VVD:hover {
@ -173,9 +223,17 @@ background-color: yellow;
}
.verb-bg {
background-color: yellow;
color: yellow;
}
.propernoun {
background-color: pink;
# color: pink;
background-color: pink !important;
}
.NNP:hover, .NNPS:hover {
@ -184,13 +242,45 @@ background-color: pink;
}
.adverb {
background-color: lightgreen;
# color: lightgreen;
background-color: purple !important;
color: white !important;
}
.RB:hover, .RBR:hover, .JJR:hover, .RBS:hover {
.RB:hover {
background-color: purple;
color: white;
}
.RBR:hover, .JJR:hover, .RBS:hover {
background-color: lightgreen;
}
.possesivepronoun {
background-color: red !important;
color: white !important;
}
.PRPS:hover {
background-color: red !important;
color: white !important;
}
.presentparticiple {
background-color: brown !important;
color: white !important;
}
.JJS:hover {
background-color: salmon;
color: white;
}
.adjectivesuperlative {
background-color: salmon !important;
color: white !important;
}

File diff suppressed because one or more lines are too long

@ -23,6 +23,7 @@ print('''<!DOCTYPE>
<html>
<head>
<script src="https://code.jquery.com/jquery-3.5.0.min.js"></script>
<script src="https://ajax.googleapis.com/ajax/libs/jquery/3.5.1/jquery.min.js"></script>
<link rel="stylesheet" href="estonia.css">
<link rel="stylesheet" href="legend.css">
<script src="highlight.js"></script>
@ -38,7 +39,7 @@ print('''<!DOCTYPE>
print('<div class="t_wrapper"><div class="t_intro">')
img_url = base64.b64encode(open('img/tartu.jpeg', 'rb').read()).decode('utf-8')
t_image = '<div class="t_img">Peace Treaty of Tartu, Estonia<br><img class="t_image" src="data:img/tartu.jpeg;base64,{}"></div>'.format(img_url)
t_image = '<div class="t_img" style="position: fixed; background-color: gainsboro;">Peace Treaty of Tartu</div><br><img class="t_image" src="data:img/tartu.jpeg;base64,{}">'.format(img_url)
print(t_image)
@ -57,6 +58,11 @@ print('''
<li><span class="legendnoun"></span> noun</li>
<li><span class="legendadjective"></span> adjective</li>
<li><span class="legendadverb"></span> adverb</li>
<li><span class="legendpossesivepronoun"></span> possesive pronoun</li>
<li><span class="legendpresentparticiple"></span> present participle</li>
<li><span class="legendadjectivesuperlative"></span> adjective superlative</li>
<li><span class="legendadverb-comparative-superative"></span> adverb comparative + superative</li>
<li><span class="legendpropernoun"></span> proper noun</li>
<li><span class="legendhide"></span> stopwords</li>
</div>
''')
@ -72,7 +78,7 @@ for t_paragraph in russia_text_list:
t_tagged = pos_tag(t_tokenized)
print('<p>')
for t_word, t_pos in t_tagged:
print('<span class="{0} {1}">{2}</span>'.format(t_pos.replace('.', 'dot').replace(',', 'comma').replace('(', 'marks').replace(')', 'marks').replace(':', 'marks').replace(';', 'marks'), t_word.replace('.', 'dot').replace(',', 'comma').replace('(', 'marks').replace(')', 'marks').replace(':', 'marks').replace(';', 'marks').lower(), t_word))
print('<span class="{0} {1} eachwords">{2}</span>'.format(t_pos.replace('PRP$', 'PRPS').replace('.', 'dot').replace(',', 'comma').replace('(', 'marks').replace(')', 'marks').replace(':', 'marks').replace(';', 'marks'), t_word.replace('', 'apostrophe').replace('.', 'dot').replace(',', 'comma').replace('(', 'marks').replace(')', 'marks').replace(':', 'marks').replace(';', 'marks').lower(), t_word))
print('</p>')
print('</div>')
@ -91,6 +97,9 @@ for t_chosen_words, t_frequency in t_top_words:
print('</div></div></div>')
print('</div></div>')
print('''</body></html>''')
# at the end of wrapper
print('</div>')
print('</div>')
print('''</body></html>''')

File diff suppressed because one or more lines are too long

@ -25,6 +25,13 @@
}
/*
font-family: 'Open Sans', sans-serif;
font-family: 'PT Sans', sans-serif;
font-family: 'Source Sans Pro', sans-serif;
*/
@ -43,7 +50,7 @@
}
.tos_wrapper {
font-family: 'Anonymous Pro', monospace;
font-family: 'Source Sans Pro', sans-serif;
width: 49%;
float: left;
margin-right: 20px;
@ -78,27 +85,61 @@
.info {
font-family: Belgika;
font-weight: 16th;
font-family: Belgika-16th;
font-size: 8pt;
width: calc(35vw);
float: left;
margin-top: 30px;
column-count: 2;
}
.legend {
background-color: gainsboro;
width: calc(35vw);
font-family: Belgika;
font-size: 8pt;
margin-top: 50px;
list-style: none;
margin-left: 11vw;
border: 1px solid black;
padding: 10px;
float: left;
}
.legendfixed {
position: fixed;
width: calc(35vw);
font-size: 8pt;
margin-top: 100px;
list-style: none;
margin-left: 11vw;
border: 1px solid black;
}
.legend li { float: left; margin-right: 10px; margin: 5px;}
.legend span { border: 1px solid #ccc; float: left; width: 12px; height: 12px; margin: 2px; }
.paragraph {
font-size: 16px;
width: 75%;
padding: 10px;
margin-top: 70px;
line-height: 1.5;
float: right;
}
.eachwords {
padding: 2px 4px 4px 4px;
margin: -2.5px;
cursor: pointer;
}
@ -135,7 +176,7 @@
.hide {
background-color: black;
background-color: black !important;
}
.TO:hover, .DT:hover, .IN:hover, .WDT:hover, .WP:hover, .MD:hover, .PRP:hover, .CC:hover, .marks:hover, .comma:hover, .dot:hover {
@ -143,8 +184,8 @@
}
.adjective {
color: white;
background-color: blue;
color: white !important;
background-color: blue !important;
}
.JJ:hover {
@ -153,15 +194,17 @@
}
.noun {
background-color: springgreen;
background-color: springgreen !important;
}
.NN:hover, .NNS:hover {
background-color: springgreen;
}
.verb {
background-color: yellow;
background-color: yellow !important;
}
.VB:hover, .VBZ:hover, .VBN:hover, .VVD:hover {
@ -169,9 +212,17 @@
}
.verb-bg {
background-color: yellow;
color: yellow;
}
.propernoun {
background-color: pink;
# color: pink;
background-color: pink !important;
}
.NNP:hover, .NNPS:hover {
@ -180,8 +231,8 @@
}
.adverb {
background-color: purple;
color: white;
background-color: purple !important;
color: white !important;
}
.RB:hover {
@ -195,13 +246,19 @@
}
.possesivepronoun {
background-color: red;
color: white;
background-color: red !important;
color: white !important;
}
.PRPS:hover {
background-color: red !important;
color: white !important;
}
.presentparticiple {
background-color: brown;
color: white;
background-color: brown !important;
color: white !important;
}
.JJS:hover {
@ -210,8 +267,8 @@
}
.Adjectivesuperlative {
background-color: salmon;
color: white;
.adjectivesuperlative {
background-color: salmon !important;
color: white !important;
}

File diff suppressed because one or more lines are too long

@ -36,6 +36,7 @@ print('''<!DOCTYPE>
<html>
<head>
<script src="https://code.jquery.com/jquery-3.5.0.min.js"></script>
<script src="https://ajax.googleapis.com/ajax/libs/jquery/3.5.1/jquery.min.js"></script>
<link rel="stylesheet" href="faceapp.css">
<link rel="stylesheet" href="legend.css">
<script src="highlight.js"></script>
@ -54,7 +55,7 @@ print('<div class ="tos_wrapper"><div class="intro">')
#insert an image
# https://upload.wikimedia.org/wikipedia/commons/1/15/Joffe_signing_the_Treaty_of_Tartu.jpg
FaceApp_img_url = base64.b64encode(open('img/faceapp_logo.png', 'rb').read()).decode('utf-8')
FaceApp_image = '<div class="img">FaceApp<br><img class="image" src="data:img/faceapp_logo.png;base64,{}"></div>'.format(FaceApp_img_url)
FaceApp_image = '<div class="img" style="position: fixed; background-color: gainsboro;">FaceApp</div><br><img class="image" src="data:img/faceapp_logo.png;base64,{}">'.format(FaceApp_img_url)
print(FaceApp_image)
@ -73,6 +74,11 @@ print('''
<li><span class="legendnoun"></span> noun</li>
<li><span class="legendadjective"></span> adjective</li>
<li><span class="legendadverb"></span> adverb</li>
<li><span class="legendpossesivepronoun"></span> possesive pronoun</li>
<li><span class="legendpresentparticiple"></span> present participle</li>
<li><span class="legendadjectivesuperlative"></span> adjective superlative</li>
<li><span class="legendadverb-comparative-superative"></span> adverb comparative + superative</li>
<li><span class="legendpropernoun"></span> proper noun</li>
<li><span class="legendhide"></span> stopwords</li>
</div>
''')

File diff suppressed because one or more lines are too long

@ -1,6 +1,14 @@
$(document).ready(function() {
/* scroll and position fix the legend */
$(window).scroll(function(){
if ($(this).scrollTop() > 320) {
$('.legend').addClass('legendfixed');
} else {
$('.legend').removeClass('legendfixed');
}
});
$(document).ready(function() {
/* frequent words */
$('.chosen_words').click( function(){
var word = $(this).text();
@ -13,94 +21,84 @@ $(document).ready(function() {
});
/* legend & pos tag highlights */
$('.legendverb').mouseover(function(){ $('.legendverb').css('background-color', 'yellow'); });
$('.legendverb').mouseout(function(){ $('.legendverb').css('background-color', 'transparent'); });
/* legend */
$(document).ready(function(){
$(".legendverb").mouseover(function(){
$(".legendverb").css("background-color", "yellow");
});
$(".legendverb").mouseout(function(){
$(".legendverb").css("background-color", "white");
});
});
$('.legendnoun').mouseover(function(){ $('.legendnoun').css('background-color', 'springgreen'); });
$('.legendnoun').mouseout(function(){ $('.legendnoun').css('background-color', 'transparent'); });
$('.legendadjective').mouseover(function(){ $('.legendadjective').css('background-color', 'blue'); });
$('.legendadjective').mouseout(function(){ $('.legendadjective').css('background-color', 'transparent'); });
$('.legendadverb').mouseover(function(){ $('.legendadverb').css('background-color', 'purple'); });
$('.legendadverb').mouseout(function(){ $('.legendadverb').css('background-color', 'transparent'); });
$(".legendverb").click(
$('.VB, .VBZ, .VBN, .VVD, .legendverb').css('background-color', isButtonBlue ? 'red' : 'blue');
isButtonBlue = !isButtonBlue;
});
$('.legendpossesivepronoun').mouseover(function(){ $('.legendpossesivepronoun').css('background-color', 'red'); });
$('.legendpossesivepronoun').mouseout(function(){ $('.legendpossesivepronoun').css('background-color', 'transparent'); });
$('.legendpresentparticiple').mouseover(function(){ $('.legendpresentparticiple').css('background-color', 'brown'); });
$('.legendpresentparticiple').mouseout(function(){ $('.legendpresentparticiple').css('background-color', 'transparent'); });
$('.legendadjectivesuperlative').mouseover(function(){ $('.legendadjectivesuperlative').css('background-color', 'salmon'); });
$('.legendadjectivesuperlative').mouseout(function(){ $('.legendadjectivesuperlative').css('background-color', 'transparent'); });
$('.legendadverb-comparative-superative').mouseover(function(){ $('.legendadverb-comparative-superative').css('background-color', 'brown'); });
$('.legendadverb-comparative-superative').mouseout(function(){ $('.legendadverb-comparative-superative').css('background-color', 'transparent'); });
$('.legendpropernoun').mouseover(function(){ $('.legendpropernoun').css('background-color', 'pink'); });
$('.legendpropernoun').mouseout(function(){ $('.legendpropernoun').css('background-color', 'transparent'); });
$('.legendhide').mouseover(function(){ $('.legendhide').css('background-color', 'black'); });
$('.legendhide').mouseout(function(){ $('.legendhide').css('background-color', 'transparent'); });
/* pos highlight*/
$('.TO, .DT, .IN, .WDT, .WP, .MD, .PRP, .CC, .VBP, .WRB, .marks, .comma, .dot').click(
function() {
$('.TO, .DT, .IN, .WDT, .WP, .MD, .PRP, .CC, .VBP, .WRB, .marks, .comma, .dot').toggleClass('hide');
});
// click to turn on background colors
$('.JJ').click(
function() {
$('.JJ').toggleClass('adjective');
$('.legendverb, .VB, .VBZ, .VBN, .VVD').click(function() {
$('.legendverb, .VB, .VBZ, .VBN, .VVD').toggleClass('verb'); //should stay in color on.
});
$('.PRPS').click(
function() {
$('.PRPS').toggleClass('possesivepronoun');
$('.legendadjective, .JJ').click(function() {
$('.legendadjective, .JJ').toggleClass('adjective');
});
$('.VBG').click(
function() {
$('.VBG').toggleClass('presentparticiple');
$('.legendpossesivepronoun, .PRPS').click(function() {
$('.legendpossesivepronoun, .PRPS').toggleClass('possesivepronoun');
});
$('.JJS').click(
function() {
$('.JJS').toggleClass('Adjectivesuperlative');
$('.legendpresentparticiple, .VBG').click(function() {
$('.legendpresentparticiple, .VBG').toggleClass('presentparticiple');
});
$('.NN, .NNS').click(
function() {
$('.NN, .NNS').toggleClass('noun');
$('.legendadjectivesuperlative, .JJS').click(function() {
$('.legendadjectivesuperlative, .JJS').toggleClass('adjectivesuperlative');
});
$('.VB, .VBZ, .VBN, .VVD').click(
function() {
$('.VB, .VBZ, .VBN, .VVD').toggleClass('verb');
$('.legendnoun, .NN, .NNS').click(function() {
$('.legendnoun, .NN, .NNS').toggleClass('noun');
});
$('.NNP, .NNPS').click(
function() {
$('.NNP, .NNPS').toggleClass('propernoun');
$('.legendpropernoun, .NNP, .NNPS').click(function() {
$('.legendpropernoun, .NNP, .NNPS').toggleClass('propernoun');
});
$('.RB').click(
function() {
$('.RB').toggleClass('adverb');
$('.legendadverb, .RB').click(function() {
$('.legendadverb, .RB').toggleClass('adverb');
});
$('.RBR, .JJR').click(
function() {
$('.RBR, .JJR').toggleClass('adverb-comparative');
$('.legendadverb-comparative-superative, .RBR, .JJR, .RBS').click(function() {
$('.legendadverb-comparative-superative, .RBR, .JJR, .RBS').toggleClass('adverb-comparative-superative');
});
$('.RBS').click(
function() {
$('.RBS').toggleClass('adverb-superlative');
$('.legendhide, .TO, .DT, .IN, .WDT, .WP, .MD, .PRP, .CC, .VBP, .WRB, .marks, .CD, .comma, .dot').click(function() {
$('.legendhide, .TO, .DT, .IN, .WDT, .WP, .MD, .PRP, .CC, .VBP, .WRB, .marks, .CD, .comma, .dot').toggleClass('hide');
});
/* Image cick to make bigger */
$('.image').click(
function() {
@ -113,5 +111,4 @@ $(document).ready(function() {
})
})
});

@ -0,0 +1,187 @@
/* scroll and position fix the legend */
$(window).scroll(function(){
if ($(this).scrollTop() > 320) {
$('.legend').addClass('legendfixed');
} else {
$('.legend').removeClass('legendfixed');
}
});
$(document).ready(function() {
/* frequent words */
$('.chosen_words').click( function(){
var word = $(this).text();
alert(word);
});
$('.t_chosen_words').click( function(){
var word = $(this).text();
alert(word);
});
/* legend & pos tag highlights */
$(document).ready(function(){
$('.legendverb').mouseover(function(){ $('.legendverb').css('background-color', 'yellow'); });
$('.legendverb').mouseout(function(){ $('.legendverb').css('background-color', 'transparent'); });
$('.legendnoun').mouseover(function(){ $('.legendnoun').css('background-color', 'springgreen'); });
$('.legendnoun').mouseout(function(){ $('.legendnoun').css('background-color', 'transparent'); });
$('.legendadjective').mouseover(function(){ $('.legendadjective').css('background-color', 'blue'); });
$('.legendadjective').mouseout(function(){ $('.legendadjective').css('background-color', 'transparent'); });
$('.legendadverb').mouseover(function(){ $('.legendadverb').css('background-color', 'purple'); });
$('.legendadverb').mouseout(function(){ $('.legendadverb').css('background-color', 'transparent'); });
$('.legendpossesivepronoun').mouseover(function(){ $('.legendpossesivepronoun').css('background-color', 'red'); });
$('.legendpossesivepronoun').mouseout(function(){ $('.legendpossesivepronoun').css('background-color', 'transparent'); });
$('.legendpresentparticiple').mouseover(function(){ $('.legendpresentparticiple').css('background-color', 'brown'); });
$('.legendpresentparticiple').mouseout(function(){ $('.legendpresentparticiple').css('background-color', 'transparent'); });
$('.legendadjectivesuperlative').mouseover(function(){ $('.legendadjectivesuperlative').css('background-color', 'salmon'); });
$('.legendadjectivesuperlative').mouseout(function(){ $('.legendadjectivesuperlative').css('background-color', 'transparent'); });
$('.legendadverb-comparative-superative').mouseover(function(){ $('.legendadverb-comparative-superative').css('background-color', 'brown'); });
$('.legendadverb-comparative-superative').mouseout(function(){ $('.legendadverb-comparative-superative').css('background-color', 'transparent'); });
$('.legendpropernoun').mouseover(function(){ $('.legendpropernoun').css('background-color', 'pink'); });
$('.legendpropernoun').mouseout(function(){ $('.legendpropernoun').css('background-color', 'transparent'); });
$('.legendhide').mouseover(function(){ $('.legendhide').css('background-color', 'black'); });
$('.legendhide').mouseout(function(){ $('.legendhide').css('background-color', 'transparent'); });
// click to turn on background colors
$('.legendverb, .VB, .VBZ, .VBN, .VVD').click(function() {
$('.legendverb, .VB, .VBZ, .VBN, .VVD').toggleClass('verb'); //should stay in color on.
});
$('.legendadjective, .JJ').click(function() {
$('.legendadjective, .JJ').toggleClass('adjective');
});
$('.legendpossesivepronoun, .PRPS').click(function() {
$('.legendpossesivepronoun, .PRPS').toggleClass('possesivepronoun');
});
$('.legendpresentparticiple, .VBG').click(function() {
$('.legendpresentparticiple, .VBG').toggleClass('presentparticiple');
});
$('.legendadjectivesuperlative, .JJS').click(function() {
$('.legendadjectivesuperlative, .JJS').toggleClass('adjectivesuperlative');
});
$('.legendnoun, .NN, .NNS').click(
function() {
$('.legendnoun, .NN, .NNS').toggleClass('noun');
});
$('.legendpropernoun, .NNP, .NNPS').click(
function() {
$('.legendpropernoun, .NNP, .NNPS').toggleClass('propernoun');
});
$('.legendadverb, .RB').click(
function() {
$('.legendadverb, .RB').toggleClass('adverb');
});
$('.legendadverb-comparative-superative, .RBR, .JJR, .RBS').click(
function() {
$('.legendadverb-comparative-superative, .RBR, .JJR, .RBS').toggleClass('adverb-comparative-superative');
});
$('.legendhide, .TO, .DT, .IN, .WDT, .WP, .MD, .PRP, .CC, .VBP, .WRB, .marks, .CD, .comma, .dot').click(function() {
$('.legendhide, .TO, .DT, .IN, .WDT, .WP, .MD, .PRP, .CC, .VBP, .WRB, .marks, .CD, .comma, .dot').toggleClass('hide');
});
/* multiple click to change css */
$(function() {
$('.legendverb, .VB, .VBZ, .VBN, .VVD').each(function() {
var count = 0;
$('.legendverb, .VB, .VBZ, .VBN, .VVD').click(function(){
count++;
if (count === 1) {
$('.legendverb, .VB, .VBZ, .VBN, .VVD').addClass('verb');
}
else if(count === 2){
$('.legendverb, .VB, .VBZ, .VBN, .VVD').removeClass('verb');
$('.legendverb, .VB, .VBZ, .VBN, .VVD').addClass('verb-bg');
}
else{
$('.legendverb, .VB, .VBZ, .VBN, .VVD').removeClass('verb-bg');
count = 0;
}
});
});
});
/* Image cick to make bigger */
$('.image').click(
function() {
$(this).toggleClass('img_clicked');
});
$('.t_image').click(
function() {
$(this).toggleClass('t_img_clicked');
})
});
});
// /* multiple click to change css */
// $(function() {
// $('.legendverb, .VB, .VBZ, .VBN, .VVD').each(function() {
// var count = 0;
// $('.legendverb, .VB, .VBZ, .VBN, .VVD').click(function(){
// count++;
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@ -4,14 +4,12 @@
<script src="https://code.jquery.com/jquery-3.5.0.min.js"></script>
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<link rel="stylesheet" href="styletest.css">
<script src="highlight.js"></script>
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<script src="modal.js"></script>
<script src="menu.js"></script>
<title>Have you read your contract?</title>
<style type="text/css">
@ -23,8 +21,8 @@
<body>
<div class='popup'>
<div class='cnt223'>
<h1>About Cookies On This Site</h1><br>
<div class='cnt223'><br>
<h1>About Cookies On This Site</h1><br><br>
<p>This website or its third-party tools process personal data (e.g. browsing data or IP addresses) and use cookies or other identifiers, which are necessary for its functioning and required to achieve the purposes illustrated in the cookie policy. You accept the use of cookies or other identifiers by closing or dismissing this notice, by clicking a link or button or by continuing to browse otherwise. <br><br>
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@ -32,8 +30,9 @@
By choosing &#8220;Agree&#8221; below, you agree that this website uses cookies, similar tracking and storage technologies, and information about the device you use to access our sites to enhance your viewing, user experience, personalize content. Click &#8220;Agree&#8221; to consent to these uses. Once you confirm your privacy choices here, you can make changes at any time by visiting your Privacy dashboard.
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@ -43,7 +42,7 @@
<div class="wrapper">
<div class="index-menu">
<a class="menu-title" >Table of Contents</a><br><br>
<div class="menu-title" ><b>Table of Contents</b></div><br>
<a class="index-menu-single" href="#start">1. Terms of Service</a><br>
<a class="index-menu-single" href="#interpretationdefinition">2. INTERPRETATION & DEFINITIONS</a><br>
<a class="index-menu-single" href="#interpretation">2-1. Interpretation</a><br>
@ -92,7 +91,7 @@
<div class="index-menu-right">
<a class="menu-title" >List of Terms of Services</a><br><br>
<div class="menu-title-right" ><b>List of Terms of Services</b></div><br>
<a class="menu-title-country" >Russia</a><br><br>
<a class="index-menu-single single-right" id="button-right">FaceApp</a>
@ -180,7 +179,7 @@
<br><br><br>
<a class="menu-title" >List of Colonial Treaties</a><br><br>
<div class="menu-title-right" ><b>List of Colonial Treaties</b></div><br>
<a class="menu-title-country" >Russia</a><br><br>
<a class="index-menu-single single-right" id="t_button-right">Peace Treaty of Tartu, Estonia</a>
@ -248,16 +247,16 @@
<h1><a name="start"></a>Terms of Service</h1><br>
<p>Last updated: April 28, 2020</p>
<p>Please read these terms of service carefully before using Our service.</p><br><br><br><br>
<p>Please read these terms of service carefully before using Our service.</p><br><br>
<h1><a name="interpretationdefinition"></a>Interpretation and Definitions</h1><br>
<h2><a name="interpretation"></a>Interpretation</h2><br>
<p>The words of which the initial letter is capitalized have meanings defined under the following conditions.</p><br>
<p>The words of which the initial letter is capitalized have meanings defined under the following conditions.</p>
<p>The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.</p>
<br><br>
<br>
<h2><a name="definitions"></a>Definitions</h2><br>
@ -293,7 +292,7 @@
<br><br>
<li><a name="tos"></a><strong>TERMS OF SERVICE (TOS)</strong> is also known as 'Terms of Use' or 'Terms and Conditions', commonly abbreviated as 'ToS' are the legal agreements between a service provider and a person who wants to use that service. This means that Terms of service forms the entire agreement between You and the Company regarding the use of the service. Terms of Services are way too long that users don't read them and just click accept. This Terms of service agreement has been created with the help of <a class="text" href="https://app.termsfeed.com/download/free?agreement_type=TC&token=4687b8bf6d64d334e89197146ee96509" target="_blank">Terms of service Generator</a>.</li><br>
<li><a name="tos"></a><strong>TERMS OF SERVICE (TOS)</strong> is also known as 'Terms of Use' or 'Terms and Conditions', commonly abbreviated as 'ToS' are the legal agreements between a service provider and a person who wants to use that service. This means that Terms of service forms the entire agreement between You and the Company regarding the use of the service. Terms of Services are way too long that users don't read them and just click accept. This Terms of service agreement has been created with the help of <a class="text" href="https://app.termsfeed.com/download/4687b8bf6d64d334e89197146ee96509" target="_blank">Terms of service Generator</a>.</li><br>
<ul class="indent">
<li>are written in a way that renders them functionally useless to most users with impenetrable legalese terms.</li>
@ -369,7 +368,7 @@
<p class="reference-text"><a name="3"></a>[3] (Zelkowitz, 2003): <a class="reference-link" href="https://books.google.nl/books?hl=en&lr=&id=xqvv7yqtr2kC&oi=fnd&pg=PA1&dq=importance+of+knowledge+archiving&ots=9NU6J-zv88&sig=2pkfx30iXkDgFS4-wLsqT9iVs8Y#v=onepage&q=importance%20of%20knowledge%20archiving&f=false" target="_blank">Advances in Computers: Information Repositories edited by Marvin Zelkowitz</a></p>
<p class="reference-text"><a name="4"></a>[4] <a class="reference-link" href="https://techcrunch.com/2015/08/21/agree-to-disagree/" target="_blank">Article: Terms And Conditions Are The Biggest Lie Of Our Industry</a></p>
<p class="reference-text"><a name="4"></a>[4] Article: <a class="reference-link" href="https://techcrunch.com/2015/08/21/agree-to-disagree/" target="_blank">Terms And Conditions Are The Biggest Lie Of Our Industry</a></p>
<br><br><br><br>
@ -404,10 +403,10 @@
<a name="contents"></a><h1>Contents</h1><br>
<p>
This archive presents the following Terms of Services such as
<div id="button" class="button-tos" target="tosview">FaceApp</div>
<div id="button" class="button-tos" target="tosview"><b>FaceApp</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -416,7 +415,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">Tiktok</div>
<div id="button" class="button-tos" target="tosview"><b>Tiktok</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -425,7 +424,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">PokemonGo</div>
<div id="button" class="button-tos" target="tosview"><b>PokemonGo</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -434,7 +433,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">Snapchat</div>
<div id="button" class="button-tos" target="tosview"><b>Snapchat</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -443,7 +442,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">Netflix</div>
<div id="button" class="button-tos" target="tosview"><b>Netflix</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -452,7 +451,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">Facebook</div>
<div id="button" class="button-tos" target="tosview"><b>Facebook</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -461,7 +460,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">Instagram</div>
<div id="button" class="button-tos" target="tosview"><b>Instagram</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -470,7 +469,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">Amazon</div>
<div id="button" class="button-tos" target="tosview"><b>Amazon</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -479,7 +478,7 @@
</div>
,
<div id="button" class="button-tos" target="tosview">Sony</div>
<div id="button" class="button-tos" target="tosview"><b>Sony</b></div>
<div id="myModal" class="modal">
<div class="modal-content">
<span class="close">&times;</span>
@ -490,7 +489,7 @@
. We also provide some historical treaties made during one's colonial era, such as
<div id="t_button" class="button-ht" target="treatyview">Peace Treaty of Tartu</div>
<div id="t_button" class="button-ht" target="treatyview"><b>Peace Treaty of Tartu</b></div>
<div id="t_myModal" class="t_modal">
<div class="t_modal-content">
<span class="t_close">&times;</span>
@ -499,7 +498,7 @@
</div>
,
<div id="button" class="button-tos" target="treatyview">Treaty of Paris</div>
<div id="button" class="button-ht" target="treatyview"><b>Treaty of Paris</b></div>
<div id="t_myModal" class="t_modal">
<div class="t_modal-content">
<span class="t_close">&times;</span>
@ -508,7 +507,7 @@
</div>
,
<div id="button" class="button-tos" target="treatyview">United KingdomKorea Treaty of 1883</div>
<div id="button" class="button-htht" target="treatyview"><b>United KingdomKorea Treaty of 1883</b></div>
<div id="t_myModal" class="t_modal">
<div class="t_modal-content">
<span class="t_close">&times;</span>
@ -517,7 +516,7 @@
</div>
,
<div id="button" class="button-tos" target="treatyview">Hong Kong Letters Patent 1843</div>
<div id="button" class="button-ht" target="treatyview"><b>Hong Kong Letters Patent 1843</b></div>
<div id="t_myModal" class="t_modal">
<div class="t_modal-content">
<span class="t_close">&times;</span>
@ -526,7 +525,7 @@
</div>
,
<div id="button" class="button-tos" target="treatyview">JapanKorea Agreement of 1905</div>
<div id="button" class="button-ht" target="treatyview"><b>JapanKorea Agreement of 1905</b></div>
<div id="t_myModal" class="t_modal">
<div class="t_modal-content">
<span class="t_close">&times;</span>
@ -536,7 +535,7 @@
. These are a comparative reading application to interpret making connections on how the complex documents are operating similar ways in colonialism.
</p>
<br><br><br>
@ -629,51 +628,51 @@
<h2>Website References</h2>
<li >
<li class="reference-website">
<a style="border-style: none;" href="https://www.cnet.com/how-to/amazon-and-google-are-listening-to-your-voice-recordings-heres-what-we-know/" target="_blank">Amazon and Google are listening to your voice recordings. Here's what we know about that.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.cnet.com/news/faceapp-says-its-not-uploading-all-your-photos/" target="_blank">FaceApp says it's not uploading all your photos. </a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.cnet.com/how-to/amazon-and-google-are-listening-to-your-voice-recordings-heres-what-we-know/" target="_blank">FaceApp was a test. We didn't pass.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://fossbytes.com/tiktok-is-spyware-reddit-ceo-steve-huffman/" target="_blank">Dont Install TikTok On Your Phone, Its A Spyware: Reddit CEO.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.wired.com/story/faceapp-privacy-backlash-facebook/" target="_blank">Think FaceApp Is Scary? Wait Till You Hear About Facebook.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.cnet.com/news/yes-the-robot-dog-ate-your-privacy/" target="_blank">Yes, the robot dog ate your privacy.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.extremetech.com/extreme/285823-most-website-terms-of-service-are-functionally-incomprehensible-to-americans" target="_blank">Most Website Terms of Service Are Functionally Incomprehensible to Americans.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://news.ycombinator.com/item?id=22998423" target="_blank">Disney claims anyone using a Twitter hashtag is agreeing to their terms of use.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://techcrunch.com/2015/08/21/agree-to-disagree/" target="_blank">Terms And Conditions Are The Biggest Lie Of Our Industry.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.theguardian.com/technology/2017/mar/03/terms-of-service-online-contracts-fine-print" target="_blank">Click to agree with what? No one reads terms of service, studies confirm.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.npr.org/2014/09/01/345044359/why-do-we-blindly-sign-terms-of-service-agreements" target="_blank">Why Do We Blindly Sign Terms Of Service Agreements?</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://www.independent.co.uk/life-style/gadgets-and-tech/news/tiktok-china-data-privacy-lawsuit-bytedance-a9230426.html
" target="_blank">Tiktok secretly loaded with chinese surveillance software, lawsuit claims.</a>
</li>
@ -684,23 +683,23 @@
<h2>Visual References</h2>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://4.bp.blogspot.com/-eJAQ-4vijgQ/WoDQVcUDhgI/AAAAAAAAAVo/i3_EbJ1nGI87rawsV8-SJlyvdAtNapVPgCLcBGAs/s1600/Waters%2BIsgro%25CC%2580.jpg" target="_blank">Isgrò and Waters, problem erased.</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="http://magazine.art21.org/wp-content/uploads/2008/01/holzer-028.jpg" target="_blank">Jenny Holzer</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://posthumancomplicities.tumblr.com/image/157733257011" target="_blank">Zong! As told to the author by Setaey Adamu Boateng</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://textarthistory.files.wordpress.com/2015/11/humtete2_750.jpg" target="_blank">Tom Phillips</a>
</li>
<li>
<li class="reference-website">
<a style="border-style: none;" href="https://africanlegends.files.wordpress.com/2016/12/british-treaty-in-nigeria_itsekiri-1884_0.jpg?w=500" target="_blank">Colonial Treaties in Africa: British Protection Treaty with the Itsekiri of Nigeria 1884</a>
</li>
@ -724,7 +723,6 @@
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@ -1,26 +1,2 @@
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// Get the <span> element that closes the modal
var span = document.getElementsByClassName("close")[0];
// When the user clicks the button, open the modal
// When the user clicks the button, open the modal
$( ".button-tos" ).click(function() {
var text = $(this).text().toLowerCase() + '.html';
console.log(text);
@ -20,10 +20,16 @@ $(document).ready(function(){
});
// btn.onclick = function() {
// console.log('btn was clicked');
// modal.style.display = "block";
// }
// When the user clicks right menu, open the modal
$( ".button-right" ).click(function() {
var text = $(this).text().toLowerCase() + '.html';
console.log(text);
$('iframe#treatyview').attr('src', text);
modal.style.display = "block";
});
//right bar list
btn_bar.onclick = function() {
@ -63,4 +69,27 @@ $(document).ready(function(){
treaty_iframe.src = treaty_iframe.src;
}
})
});
$(function(){
var overlay_modal = $('<div id="overlay-modal"></div>');
overlay_modal.show();
overlay_modal.appendTo(document.body);
$('html, body').css('position', 'fixed');
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$('.close').click(function(){
$('.myModal').hide();
overlay_modal.appendTo(document.body).remove();
$('html, body').css("position", "relative");
return false;
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@ -7,6 +7,16 @@
faceapp
tiktok
pokemongo
snapchat
netflix
facebook
instagram
amazon
sony
aibo
:
;
1

@ -45,10 +45,10 @@
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@ -58,20 +58,21 @@
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@ -94,6 +95,10 @@
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width: 100%;
height: 100vh;
@ -105,20 +110,23 @@
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font-size: 20pt;
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@ -151,11 +159,8 @@
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background-color: black;
/* font-family: 'Source Code Pro', monospace;*/
font-family: 'Anonymous Pro', monospace;
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*/ font-weight: 400;
line-height: 1.5;
font-family: 'Source Sans Pro', sans-serif;
line-height: 1.9;
font-size: 12pt;
width: 100%;
overflow-x: hidden;
@ -164,7 +169,7 @@
.tos {
background-color: white;
width: 60%;
width: 55%;
border: 0.5px solid black;
/* outline: 40px dotted black;
*/ padding: 40px;
@ -173,7 +178,7 @@
}
.index-menu {
width: 15%;
width: 17%;
top: 50px;
left: 20px;
@ -189,29 +194,36 @@
}
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border-bottom: 1px solid white;
font-family: Belgika-40th;
color: white;
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border: 0.1px solid white;
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width: 17.5%;
top: 50px;
right: calc(0.8vw);
@ -262,7 +274,7 @@
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z-index: 994;
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@ -297,14 +309,13 @@
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color: black;
border-bottom: 2px dotted black;
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a:hover {
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text-decoration: none;
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@ -313,7 +324,11 @@
font-weight: bold;
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border-bottom: 2px dotted black;
padding-bottom: -5px;
border-bottom: 2px solid black;
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@ -324,18 +339,15 @@
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@ -346,7 +358,7 @@
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@ -356,8 +368,8 @@
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@ -365,16 +377,18 @@
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position: absolute;
z-index: 1;
z-index: 998;
top: calc(-400px);
left: calc(-200px);
top: -400px;
left: 5%;
}
.text:hover {
color: red;
border-bottom: 2px dotted red;
color: #0033FF ;
border-bottom: 2px solid #0033FF;
cursor: pointer;
}
.text:hover .text-hover {
@ -393,7 +407,7 @@
#reference-number {
color: blue;
font-weight: bold;
font-size: 11pt;
font-size: 8pt;
border: none;
}
@ -405,13 +419,14 @@
.reference-link {
font-size: 9pt;
border-bottom: 2px dotted black;
border-bottom: 2px solid black;
}
.reference-link:hover {
color: red;
color: #0033FF ;
font-size: 9pt;
border-bottom: 2px dotted red;
border-bottom: 2px solid #0033FF;
cursor: pointer;
}
@ -420,6 +435,23 @@
/* The Modal (background) */
#overlay_modal {
position: fixed;
top: 0;
left: 0;
width: 100%;
height: 100%;
background-color: #000;
filter:alpha(opacity=70);
-moz-opacity:0.8;
-khtml-opacity: 0.8;
opacity: 0.8;
z-index: 997;
display: none;
}
.modal {
display: none;
position: fixed;
@ -432,7 +464,7 @@
border: 1px solid #888;
float: left;
z-index: 999;
z-index: 999 !important;
}
::-webkit-scrollbar {
@ -465,7 +497,7 @@
overflow-x: hidden;
float: right;
border: 1px solid #888;
z-index: 998;
z-index: 999;
}
/* Modal Content */
@ -509,7 +541,7 @@
.t_close {
font-family: 'Anonymous Pro', monospace !important;
top: 0;
right: calc(1vw);
right: calc(12vw);
color: #aaaaaa;
float: right;
font-size: 60px;
@ -525,25 +557,29 @@
cursor: pointer;
}
#button, #t_button {
border: none;
color: white;
padding: 5px 15px;
text-align: center;
text-decoration: none;
display: inline-block;
font-size: 12px;
/*margin: 4px 2px;*/
font-size: 14px;
border-bottom: 2px solid black;
cursor: pointer;
}
.button-tos, .button-ht {
background-color: black;
#button:hover, #t_button:hover {
display: inline-block;
font-size: 14px;
border-bottom: 2px solid #0033FF;
color: #0033FF;
cursor: pointer;
}
.reference-website {
color: #0033FF;
list-style: none;
}
#tosview {
border: none;
width: 100vw;

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@ -0,0 +1,110 @@
# from __future__ import division
from nltk import sent_tokenize, word_tokenize, pos_tag
from nltk.probability import FreqDist
from nltk.corpus import stopwords
import nltk
import codecs
import base64
nltk.download('stopwords')
# faceapp_file = open('faceapp.txt','r')
with open('tos_file/tiktok.txt', 'r') as faceapp_file:
faceapp_text = faceapp_file.read()
faceapp_text_list = faceapp_text.split("\n\n")
#tos stopwords
tos_default_stopwords = set(stopwords.words('english'))
tos_custom_stopwords = set(codecs.open('stopwords.txt', 'r').read().splitlines())
tos_all_stopwords = tos_default_stopwords | tos_custom_stopwords
# multi-line string HTML
print('''<!DOCTYPE>
<html>
<head>
<script src="https://code.jquery.com/jquery-3.5.0.min.js"></script>
<script src="https://ajax.googleapis.com/ajax/libs/jquery/3.5.1/jquery.min.js"></script>
<link rel="stylesheet" href="faceapp.css">
<link rel="stylesheet" href="legend.css">
<script src="highlight.js"></script>
<meta charset="utf-8">
<title></title>
</head>
<body>''')
#wrapper
print('<div class ="tos_wrapper"><div class="intro">')
#insert an image
# https://upload.wikimedia.org/wikipedia/commons/1/15/Joffe_signing_the_Treaty_of_Tartu.jpg
FaceApp_img_url = base64.b64encode(open('img/tiktok_logo.png', 'rb').read()).decode('utf-8')
FaceApp_image = '<div class="img" style="position: fixed; background-color: gainsboro;">TikTok</div><br><img class="image" src="data:img/tiktok_logo.png;base64,{}">'.format(FaceApp_img_url)
print(FaceApp_image)
#info box
print('<div class ="info">')
infotext = [('Name of Service', 'Tiktok'), ('Country of Origin', 'China'), ('Initial release', 'September, 2016'), ('Type', 'Video sharing'), ('Word Counts', '7,515'), ('Original Source', '<a href="https://www.tiktok.com/legal/terms-of-use?lang=en" target="_blank">link</a>'), ('Description', 'TikTok is a Chinese video-sharing social networking service owned by ByteDance, a Beijing-based company founded in 2012 by Zhang Yiming. It is used to create short dance, lip-sync, comedy, and talent videos. ByteDance first launched Douyin for the China market in September 2016.')]
for title, info in infotext:
print('<div class="info_{0}" ><div class="info_title" ><b>{0}</b></div><div class="info_content">{1}</div></div><br>'.format(title, info))
print('</div></div>')
print('''
<div class="legend">
<li><span class="legendverb"></span> verb</li>
<li><span class="legendnoun"></span> noun</li>
<li><span class="legendadjective"></span> adjective</li>
<li><span class="legendadverb"></span> adverb</li>
<li><span class="legendpossesivepronoun"></span> possesive pronoun</li>
<li><span class="legendpresentparticiple"></span> present participle</li>
<li><span class="legendadjectivesuperlative"></span> adjective superlative</li>
<li><span class="legendadverb-comparative-superative"></span> adverb comparative + superative</li>
<li><span class="legendpropernoun"></span> proper noun</li>
<li><span class="legendhide"></span> stopwords</li>
</div>
''')
#ToS text
print('<div class ="paragraph">')
tokenized_all = []
for paragraph in faceapp_text_list:
tokenized = word_tokenize(paragraph)
tokenized_all += tokenized # add to the tokenized_all
tagged = pos_tag(tokenized)
print('<p>')
for word, pos in tagged:
print('<span class="{0} {1} eachwords">{2}</span>'.format(pos.replace('PRP$', 'PRPS').replace('.', 'dot').replace(',', 'comma').replace('(', 'marks').replace(')', 'marks').replace(':', 'marks').replace(';', 'marks'), word.replace('', 'apostrophe').replace('.', 'dot').replace(',', 'comma').replace('(', 'marks').replace(')', 'marks').replace(':', 'marks').replace(';', 'marks').lower(), word))
print('</p>')
print('</div>')
#tos top words list
print('<div class="top_words"><div class="top_words_title" ><b>Frequent words</b></div>')
tokens_without_stopwords = nltk.FreqDist(words.lower() for words in tokenized_all if words.lower() not in tos_custom_stopwords)
frequency_word = FreqDist(tokens_without_stopwords)
top_words = tokens_without_stopwords.most_common(30)
for chosen_words, frequency in top_words:
print('<div class="chosen_words" >&nbsp;{}&nbsp;({}) </div>'.format(chosen_words, frequency))
print('</div></div></div>')
# at the end of wrapper
print('</div>')
print('</div>')
print('''</body></html>''')

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@ -0,0 +1,162 @@
Conditions of Use
Welcome to Amazon.com. Amazon.com Services LLC and/or its affiliates ("Amazon") provide website features and other products and services to you when you visit or shop at Amazon.com, use Amazon products or services, use Amazon applications for mobile, or use software provided by Amazon in connection with any of the foregoing (collectively, "Amazon Services"). Amazon provides the Amazon Services subject to the following conditions.
By using Amazon Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example, Your Profile, Gift Cards, Amazon Video, Your Media Library, Amazon devices, or Amazon applications) you also will be subject to the guidelines, terms and agreements applicable to that Amazon Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
1. PRIVACY
Please review our Privacy Notice, which also governs your use of Amazon Services, to understand our practices.
2. ELECTRONIC COMMUNICATIONS
When you use Amazon Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Amazon Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT
All content included in or made available through any Amazon Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Amazon or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Amazon Service is the exclusive property of Amazon and protected by U.S. and international copyright laws.
4. TRADEMARKS
Click here to see a non-exhaustive list of Amazon trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Amazon Service are trademarks or trade dress of Amazon in the U.S. and other countries. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazon. All other trademarks not owned by Amazon that appear in any Amazon Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon.
5. PATENTS
One or more patents owned by Amazon apply to the Amazon Services and to the features and services accessible via the Amazon Services. Portions of the Amazon Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Amazon patents and applicable licensed patents.
6. LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Amazon or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Amazon Services. This license does not include any resale or commercial use of any Amazon Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Amazon Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Amazon or its licensors, suppliers, publishers, rightsholders, or other content providers. No Amazon Service, nor any part of any Amazon Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Amazon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amazon without express written consent. You may not use any meta tags or any other "hidden text" utilizing Amazon's name or trademarks without the express written consent of Amazon. You may not misuse the Amazon Services. You may use the Amazon Services only as permitted by law. The licenses granted by Amazon terminate if you do not comply with these Conditions of Use or any Service Terms.
7. YOUR ACCOUNT
You may need your own Amazon account to use certain Amazon Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.amazon.com/cpe/managepaymentmethods?ref_=ya_d_c_pmt_mpo& to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Amazon does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Amazon Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Amazon Household. Alcohol listings on Amazon are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Amazon reserves the right to refuse service, terminate accounts, terminate your rights to use Amazon Services, remove or edit content, or cancel orders in its sole discretion.
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Amazon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Amazon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Amazon and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. Amazon has the right but not the obligation to monitor and edit or remove any activity or content. Amazon takes no responsibility and assumes no liability for any content posted by you or any third party.
9. INTELLECTUAL PROPERTY COMPLAINTS
Amazon respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
10. RISK OF LOSS
All purchases of physical items from Amazon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. RETURNS, REFUNDS AND TITLE
Amazon does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Amazon does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
12. PRODUCT DESCRIPTIONS
Amazon attempts to be as accurate as possible. However, Amazon does not warrant that product descriptions or other content of any Amazon Service is accurate, complete, reliable, current, or error-free. If a product offered by Amazon itself is not as described, your sole remedy is to return it in unused condition.
13. PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Amazon and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Amazon.
With respect to items sold by Amazon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Amazon is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
14. APP PERMISSIONS
When you use apps created by Amazon, such as the Amazon App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .
15. SANCTIONS AND EXPORT POLICY
You may not use any Amazon Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Amazon Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Amazon Software), technology, and services.
16. OTHER BUSINESSES
Parties other than Amazon operate stores, provide services or software, or sell product lines through the Amazon Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Amazon. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Amazon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AMAZON SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMAZON SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON DOES NOT WARRANT THAT THE AMAZON SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES, AMAZON'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMAZON SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
18. DISPUTES
Any dispute or claim relating in any way to your use of any Amazon Service, or to any products or services sold or distributed by Amazon or through Amazon.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
19. APPLICABLE LAW
By using any Amazon Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon.
20. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Amazon Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
21. OUR ADDRESS
Amazon.com, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
https://www.amazon.com
22. ADDITIONAL AMAZON SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Amazon Services (the "Amazon Software").
22-1. Use of the Amazon Software. You may use Amazon Software solely for purposes of enabling you to use the Amazon Services as provided by Amazon, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Amazon Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Amazon Software in whole or in part. All software used in any Amazon Service is the property of Amazon or its software suppliers and is protected by United States and international copyright laws.
22-2. Use of Third Party Services. When you use the Amazon Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
22-3.No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Amazon Software, whether in whole or in part.
22-4. Updates. We may offer automatic or manual updates to the Amazon Software at any time and without notice to you.
22-5. Government End Users. If you are a U.S. Government end user, we are licensing the Amazon Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Amazon Software are the same as the rights we grant to all others under these Conditions of Use.
22-6. Conflicts. In the event of any conflict between these Conditions of Use and any other Amazon or third-party terms applicable to any portion of Amazon Software, such as open-source license terms, such other terms will control as to that portion of the Amazon Software and to the extent of the conflict.
23. HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Amazon accepts service of subpoenas or other legal process only through Amazons national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
Amazon.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 304
Tumwater, WA 98501
Attn: Legal Department Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Amazon devices; and IP address and complete time stamps.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Copyright Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
e-mail: copyright@amazon.com
Courier address:
Copyright Agent
Amazon.com Legal Department
2021 7th Avenue
Seattle, WA 98121
USA
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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.

@ -1,16 +1,16 @@
1 Eligibility
1. Eligibility
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entitys behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement.
2 User Accounts and Account Security
2. User Accounts and Account Security
If you choose to login to the Services via a third-party platform or social media network, you will need to use your credentials (e.g., username and password) from a third-party online platform. You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
3 Privacy
3. Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
4 User Content
4. User Content
Our Services may allow you and other users to create, post, store and share content, including photos, videos, messages, text, software and other materials (collectively, “User Content”). User Content does not include user-generated filters. Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content, as between you and FaceApp. Further, FaceApp does not claim ownership of any User Content that you post on or through the Services. You grant FaceApp a nonexclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt, create derivative works from, distribute, perform and display your User Content during the term of this Agreement solely to provide you with the Services.
@ -22,7 +22,7 @@ You may not create, post, store or share any User Content that violates this Agr
FaceApp is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. FaceApp will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
5 Prohibited Conduct and Content
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
@ -54,29 +54,29 @@ Contains any unsolicited promotions, political campaigning, advertising or solic
- In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
6 Limited License; Copyright and Trademark
6. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “FaceApp Content”) are owned by or licensed to FaceApp and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, FaceApp and our licensors reserve all rights in and to our Services and the FaceApp Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and FaceApp Content for your own personal use; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or FaceApp Content; (b) copy, reproduce, distribute, publicly perform or publicly display FaceApp Content, except as expressly permitted by us or our licensors; (c) modify the FaceApp Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or FaceApp Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or FaceApp Content other than as expressly provided in this Agreement. Any use of our Services or FaceApp Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FaceApp Content.
7 Feedback
7. Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about FaceApp or our products or Services (collectively, “Feedback”), is non-confidential and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to FaceApp a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or FaceApps business.
8 Copyright Complaints
8. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others upon prompt notification to us by the copyright owner or the copyright owners legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) 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 the law; and (f) 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 owners behalf. Contact information for FaceApps Copyright Agent for notice of claims of infringement is as follows: Yaroslav Goncharov, Designated DMCA Copyright Agent, FaceApp Inc, 1000 N West Street, Suite 1200, Wilmington, Delaware, 19801.
9 Indemnification
9. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless FaceApp and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “FaceApp Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify FaceApp Parties of any third party Claims, cooperate with FaceApp Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys fees). You also agree that the FaceApp Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FaceApp or the other FaceApp Parties.
10 Disclaimers
10. Disclaimers
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.
Your use of our services is at your sole risk. Our services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, faceapp does not represent or warrant that our services are accurate, complete, reliable, current or error-free. While faceapp attempts to make your access to and use of our services safe, we cannot and do not represent or warrant that our services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the services.
11 Limitation of Liability
11. Limitation of Liability
Faceapp and the other faceapp parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if faceapp or the other faceapp parties have been advised of the possibility of such damages.
@ -84,15 +84,15 @@ The total liability of faceapp and the other faceapp parties, for any claim aris
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of FaceApp or the other FaceApp Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
12 Release
12. Release
To the fullest extent permitted by applicable law, you release FaceApp and the other FaceApp Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
13 Transfer and Processing Data
13. Transfer and Processing Data
By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to the United States and other countries.
14 Dispute Resolution; Binding Arbitration Agreement
14. Dispute Resolution; Binding Arbitration Agreement
Please read the following section carefully because it requires users who are U.S. residents to arbitrate certain disputes and claims with FaceApp and limits the manner in which you can seek relief from us.
@ -122,19 +122,19 @@ Modification, Notwithstanding any provision in this Agreement to the contrary, w
This Agreement and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, consistent with the Federal Arbitration Act, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The United Nations Convention for the International Sale of Goods does not apply to the Agreement. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
16 Electronic Communications
16. Electronic Communications
By accessing or using the Services, you also consent to receive electronic communications from FaceApp (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
17 Termination
17. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
18 Severability
18. Severability
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
19 Additional Terms Applicable to iOS Devices
19. Additional Terms Applicable to iOS Devices
The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).
@ -164,10 +164,10 @@ Third-Party Terms of Agreement. You agree to comply with any applicable third-pa
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apples subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof).
20 Export
20. Export
You may not use, export, import, or transfer all or any portion of the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoes countries, or (b) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Department of Commerces Denied Persons List or Entity List. By using the Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by FaceApp are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer FaceApp products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
21 Miscellaneous
21. Miscellaneous
In accordance with California Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. This Agreement constitutes the entire agreement between you and FaceApp relating to your access to and use of our Services. The failure of FaceApp to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement is for convenience only and have no legal or contractual effect. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

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Terms of Service
Welcome to Facebook!
Facebook builds technologies and services that enable people to connect with each other, build communities and grow businesses. These Terms govern your use of Facebook, Messenger and the other products, features, apps, services, technologies and software that we offer (the Facebook Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Facebook Ireland Limited.
We don't charge you to use Facebook or the other products and services covered by these Terms. Instead, businesses and organisations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
We don't sell your personal data to advertisers, and we don't share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things such as the kind of audience that they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more.
Our Data Policy explains how we collect and use your personal data to determine some of the ads that you see and provide all of the other services described below. You can also go to your settings at any time to review the privacy choices you have about how we use your data.
1. The services we provide
Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the products and services described below to you:
Provide a personalised experience for you:
Your experience on Facebook is unlike anyone else's: from the posts, stories, events, ads and other content that you see in News Feed or our video platform to the Pages that you follow and other features that you might use, such as Trending, Marketplace and search. We use the data that we have for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products to personalise your experience.
Connect you with people and organisations that you care about:
We help you find and connect with people, groups, businesses, organisations and others that matter to you across the Facebook Products that you use. We use the data that we have to make suggestions for you and others for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch and people who you may want to become friends with. Stronger ties make for better communities, and we believe that our services are most useful when people are connected to people, groups and organisations that they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on Facebook and to communicate with friends, family and others about what matters to you for example, sharing status updates, photos, videos and stories across the Facebook Products that you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Facebook.
Help you discover content, products and services that may interest you:
We show you ads, offers and other sponsored content to help you discover content, products and services that are offered by the many businesses and organisations that use Facebook and other Facebook Products. Section 2 below explains this in more detail.
Combat harmful conduct, and protect and support our community:
People will only build community on Facebook if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action for example, offering help, removing content, blocking access to certain features, disabling an account or contacting law enforcement. We share data with other Facebook Companies when we detect misuse or harmful conduct by someone using one of our Products.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop advanced technologies such as artificial intelligence, machine learning systems and augmented reality so that people can use our Products safely regardless of physical ability or geographic location. For example, technology such as this helps people who have visual impairments understand what or who is in photos or videos shared on Facebook or Instagram. We also build sophisticated network and communication technology to help more people connect to the Internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
Research ways to make our services better:
We engage in research to develop, test and improve our Products. This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Data Policy explains how we use data to support this research for the purposes of developing and improving our services.
Provide consistent and seamless experiences across the Facebook Company Products:
Our Products help you find and connect with people, groups, businesses, organisations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Facebook Company Products that you use. For example, we use data about the people you engage with on Facebook to make it easier for you to connect with them on Instagram or Messenger, and we enable you to communicate with businesses that you follow on Facebook through Messenger.
Enable global access to our services:
To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Facebook, Inc., Facebook Ireland Limited or its affiliates.
2. How our services are funded
Instead of paying to use Facebook and the other products and services we offer, by using the Facebook Products covered by these Terms you agree that we can show you ads that business and organisations pay us to promote on and off the Facebook Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people's privacy is central to how we've designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things such as their business goal, and the kind of audience that they want to see their ads (for example, people between the ages of 18-35 who like cycling). We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Facebook. For example, we provide general demographic and interest information for advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We don't share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. Learn more about how Facebook ads work here.
We collect and use your personal data in order to provide the services described above for you. You can learn about how we collect and use your data in our Data Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you. Learn more.
3. Your commitments to Facebook and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
3-1. Who can use Facebook
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
- use the same name that you use in everyday life;
- provide accurate information about yourself;
- create only one account (your own) and use your timeline for personal purposes; and
not share your password, give access to your Facebook account to others or transfer your account to anyone else (without our permission).
We try to make Facebook broadly available to everyone, but you cannot use Facebook if:
- You are under 13 years old.
- You are a convicted sex offender.
- We've previously disabled your account for breaches of our Terms or Policies.
- You are prohibited from receiving our products, services or software under applicable laws.
3-2. What you can share and do on Facebook
We want people to use Facebook to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
3-2-1. You may not use our Products to do or share anything:
- That breaches these Terms, our Community Standards and other terms and policies that apply to your use of Facebook.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or breaches someone else's rights, including their intellectual property rights.
3-2-2. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.
3-2-3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
We can remove or block content that is in breach of these provisions.
If we remove content that you have shared for breach of our Community Standards, we'll let you know and explain any options that you have to request another review, unless you seriously or repeatedly breach these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies.
3-3. The permissions you give us
We need certain permissions from you to provide our services:
3-3-1. Permission to use content that you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Facebook and the other Facebook Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services, we need you to give us some legal permissions (known as a licence') to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products you use.This licence will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. Learn more about how to delete your account. You can download a copy of your data at any time before deleting your account.
When you delete content, it's no longer visible to other users; however, it may continue to exist elsewhere on our systems where:
- Immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
- your content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content is deleted); or
- Where immediate deletion would restrict our ability to:
- investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
- comply with a legal obligation, such as the preservation of evidence; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this licence will continue until the content has been fully deleted.
3-3-2. Permission to use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on Facebook next to or in connection with ads, offers and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Facebook. Ads like this can be seen only by people who have your permission to see the actions that you've taken on Facebook. You can learn more about your ad settings and preferences.
3-3-3.Permission to update software that you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
3-4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Facebook), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
4. Additional provisions
4-1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.
We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the Facebook community, you can delete your account at any time.
4-2. Account suspension or termination
We want Facebook to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.
Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think that we have disabled your account by mistake.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3.3.1, 4.2-4.5.
4-3. Limits on liability
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
4-4. Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Facebook Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Ireland and that Irish law will govern these Terms and any claim, without regard to conflict of law provisions.
4-5. Other
4-5-1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Facebook Ireland Limited regarding your use of our Products. They supersede any prior agreements.
4-5-2. Some of the Products that we offer are also governed by supplemental Terms. If you use any of these Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent that any supplemental Terms conflict with these Terms, the supplemental Terms shall govern to the extent of the conflict.
4-5-3. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
4-5-4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
4-5-5. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.
4-5-6. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
4-5-7. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will inform you in advance if we have to do this and explain why.
4-5-8. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
5. Other Terms and Policies that may apply to you
5-1. Community Standards: These guidelines outline our standards regarding the content that you post to Facebook and your activity on Facebook and other Facebook Products.
5-2. Commercial Terms: These Terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.
5-3. Advertising Policies: These Policies specify what types of ad content are allowed by partners who advertise across the Facebook Products.
5-4. Self-Serve Ad Terms: These Terms apply when you use self-serve advertising interfaces to create, submit or deliver advertising or other commercial or sponsored activity or content.
5-5. Pages, Groups and Events Policy: These guidelines apply if you create or administer a Facebook Page, group or event, or if you use Facebook to communicate or administer a promotion.
5-6. Facebook Platform Policy: These guidelines outline the Policies that apply to your use of our platform (for example, for developers or operators of a platform application or website or if you use social plugins).
5-7. Developer Payment Terms: These Terms apply to developers of applications that use Facebook Payments.
5-8. Community Payment Terms: These Terms apply to payments made on or through Facebook.
5-9. Commerce Policies: These guidelines outline the Policies that apply when you offer products and services for sale on Facebook.
5-10. Facebook Brand Resources: These guidelines outline the Policies that apply to the use of Facebook trademarks, logos and screenshots.
5-11. Music Guidelines: These guidelines outline the Policies that apply if you post or share content containing music on Facebook.

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Terms of Use
Welcome to Instagram!
These Terms of Use govern your use of Instagram and provide information about the Instagram Service, outlined below. When you create an Instagram account or use Instagram, you agree to these terms.
The Instagram Service is one of the Facebook Products, provided to you by Facebook Ireland Limited. These Terms of Use therefore constitute an agreement between you and Facebook Ireland Limited.
The Instagram Service
We agree to provide you with the Instagram Service. The Service includes all of the Instagram products, features, applications, services, technologies, and software that we provide to advance Instagram's mission: To bring you closer to the people and things you love. The Service is made up of the following aspects (the Service):
- Offering personalized opportunities to create, connect, communicate, discover, and share. People are different. We want to strengthen your relationships through shared experiences you actually care about. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Instagram, based on things you and others do on and off Instagram.
- Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with other Facebook Companies or law enforcement. Learn more in the Data Policy.
- Developing and using technologies that help us consistently serve our growing community.
Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
- Providing consistent and seamless experiences across other Facebook Company Products.
Instagram is part of the Facebook Companies, which share technology, systems, insights, and information-including the information we have about you (learn more in the Data Policy) in order to provide services that are better, safer, and more secure. We also provide ways to interact across the Facebook Company Products that you use, and designed systems to achieve a seamless and consistent experience across the Facebook Company Products.
- Ensuring a stable global infrastructure for our Service.
To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by Facebook Inc., Facebook Ireland Limited, or their affiliates.
- Connecting you with brands, products, and services in ways you care about.
We use data from Instagram and other Facebook Company Products, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Instagram.
- Research and innovation.
We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.
The Data Policy
Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the Facebook Products. It also explains the many ways you can control your information, including in the Instagram Privacy and Security Settings.
Your Commitments
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use Instagram. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community.
- You must be at least 13 years old.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be a convicted sex offender.
How You Can't Use Instagram. Providing a safe and open Service for a broad community requires that we all do our part.
- You can't impersonate others or provide inaccurate information.
- You don't have to disclose your identity on Instagram, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't violate (or help or encourage others to violate) these Terms or our policies, including in particular the Instagram Community Guidelines, Instagram Platform Policy, and Music Guidelines. Learn how to report conduct or content in our Help Center.
- You can't do anything to interfere with or impair the intended operation of the Service.
- You can't attempt to create accounts or access or collect information in unauthorized ways.
- This includes creating accounts or collecting information in an automated way without our express permission.
- You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.
Learn more, including how to report content that you think infringes your intellectual property rights, here.
- You can't use a domain name or URL in your username without our prior written consent.
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
- We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center.
- Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings.
- You agree that we can download and install updates to the Service on your device.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
- We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Instagram Community Guidelines), or we are required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately if you: clearly, seriously or repeatedly violate these Terms of Use, our policies (including our Instagram Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are required to do so by law. If we take action to remove your content for violating our Community Guidelines, or disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center.
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.
Our Agreement and What Happens if We Disagree
Our Agreement.
- Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our Platform Policy. If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern.
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
- We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawxful, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.
- The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.
How We Will Handle Disputes.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Ireland and that Irish law will govern these Terms and any claim, without regard to conflict of law provisions.
Unsolicited Material.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.

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Netflix Terms of Use
Netflix provides a personalized subscription service that allows our members to access movies and TV shows ("Netflix content") streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Netflix ready devices").
These Terms of Use govern your use of our service. As used in these Terms of Use, "Netflix service", "our service" or "the service" means the personalized service provided by Netflix for discovering and watching Netflix content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
1. Membership
1.1. Your Netflix membership will continue until terminated. To use the Netflix service you must have Internet access and a Netflix ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Netflix membership by visiting our website and clicking on the "Account" link available at the top of the pages of the Netflix website under your profile name.
2. Free Trials
2.1. Your Netflix membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members and certain former members to try the service.
2.2. Free trial eligibility is determined by Netflix at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Netflix membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Netflix membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
3.Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Netflix service will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date.
3.2. Payment Methods. To use the Netflix service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your Netflix membership at any time, and you will continue to have access to the Netflix service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial - month membership periods or unwatched Netflix content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Netflix using your account with a third party as a Payment Method and wish to cancel your Netflix membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Netflix service through that third party. You may also find billing information about your Netflix membership by visiting your account with the applicable third party.
3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
4. Netflix Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Netflix service. Minors may only use the service under the supervision of an adult.
4.2. The Netflix service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Netflix membership we grant you a limited, non-exclusive, non-transferable right to access the Netflix service and view Netflix content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may view the Netflix content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
4.4. The Netflix service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Netflix content. You can turn off tests participation at any time by visiting the "Account" page and changing the "Test participation" settings.
4.5. Some Netflix content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
4.6. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Netflix service; use any robot, spider, scraper or other automated means to access the Netflix service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Netflix service; insert any code or product or manipulate the content of the Netflix service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Netflix service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.7. The quality of the display of the Netflix content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD and HDR, and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Netflix content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Netflix ready device.
4.8. Netflix software is developed by, or for, Netflix and is designed to enable viewing of Netflix content through Netflix ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Netflix and related third-party software.
5. Passwords and Account Access.
The member who created the Netflix account and whose Payment Method is charged (the "Account Owner") has access and control over the Netflix account and the Netflix ready devices that are used to access our service and is responsible for any activity that occurs through the Netflix account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Netflix ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Netflix or our partners from identity theft or other fraudulent activity.
6. Miscellaneous
6.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
6.2. Unsolicited Materials. Netflix does not accept unsolicited materials or ideas for Netflix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Netflix.
6.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Netflix Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.
6.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6.5. Changes to Terms of Use. Netflix may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you.
6.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

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Niantic Terms of Service
1. Terms
Welcome to Niantic. We publish real-world augmented reality mobile experiences, including mobile game applications ("Apps"), and operate a real-world augmented reality platform (“Platform”). Please read these Niantic Terms of Service and any applicable App guidelines (the “Guidelines” and, collectively, “the Terms”), because the Terms govern your use of the Apps and Platform. The Terms also govern your interaction with any websites we own or operate (“Sites”), purchase of any Niantic merchandise, participation in Niantic live events or promotions (“Events”), and more generally your use of any Niantic products or services (together with Apps and Platform, the “Services”).
Some exceptions to the Terms may apply based on your country of residence - please see the country-specific sections below.
If you live in the United States, these Terms are entered into between you and Niantic, Inc., 1 Ferry Building Suite 200, San Francisco, CA 94111. If you live in any other country, these Terms are entered into between you and Niantic International Limited, a company registered to do business under the laws of the United Kingdom. Niantic, Inc. and Niantic International Limited are collectively referred to as "Niantic" or “we” in these Terms.
By using the Services, you are agreeing to these Terms. If you dont agree to these Terms, you may not use the Services. Niantic may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. Its important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you dont agree to be bound by the modified Terms, then you may not use the Services.
SECTION 13 "DISPUTE RESOLUTION" CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European Economic Area (“EEA”), or any other country that does not allow such arbitration agreement, Section 13 does not apply to you.
If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Niantic has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.
2. Privacy
Our Services are designed to enable you to interact in shared game worlds blended with information from the real world. To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Services.
3. Use of the Services
3.1 Cheating
Niantic prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:
- Accessing Services in an unauthorized manner (including using modified or unofficial third party software);
- Playing with multiple accounts for the same Service;
- Sharing accounts;
- Using any techniques to alter or falsify a devices location (for example through GPS spoofing); and/or
- Selling or trading accounts.
Apps may not work on devices that Niantic detects or reasonably suspects to be cheating, and Niantic will not provide support to players who attempt to cheat. You agree that Niantic may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software. Please see the Guidelines and our Privacy Policy for more information.
3.2 Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
Niantic does not intend Apps to be medical or health devices, or provide medical or health advice.
3.3 Your Interactions with Other People
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Niantic (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Eligibility and Account Registration
If you want to use certain Services, you will have to create an account with us (an "Account"), and you will also need access to a supported mobile phone and an Internet connection. The help centers at Niantic Game Resources contain a list of supported devices. We do not support rooted or jailbroken devices.
You can create an Account using (a) your pre-existing Google account; (b) your pre-existing Facebook account, (c) a Niantic Kids account, or (d) such other third-party accounts that we support, as selected by you on the App account creation screen.
You agree that you wont disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. Niantic takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.
3.5 Account Suspension or Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services or in the App prior to termination of your Account.
You may terminate your Account at any time by visiting the App help centers. Upon termination of any Services or your Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
3.6 Who May Use Our Services
Unless stated otherwise for a particular Service, children are not allowed to use the Services. A "Child" is a person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of Korea). Niantic Game Resources contains information on the age requirement for each of our Apps.
For Services that permit Child participation, parents or legal guardians ("Parents") must provide verified consent. Parents can provide and verify their consent through the Niantic Kids Parent Portal, or through another authorized third-party provider made available through the Service. Where Parental consent is required, Niantic recommends that Parents monitor the Childs online activity and use of the Service.
The verification and consent process for Children is performed by one of several third-party providers ("Verification Provider"). The Parent must register with the Verification Provider before a Child may use the Services. The Verification Provider will ask the Parent to verify their identity and to consent to the creation of an Account for the Child. Upon receipt of Parent verification and consent, the Verification Provider will enable the Parent to create an Account for the Child. Parental consent applies exclusively to the Service for which it has been granted.
A Parent who wishes to rescind their previously-provided consent to a Childs access to and use of the Services should follow the instructions for Account deletion, which can be found in the respective help centers here.
Purchases made through the Services are limited to Account holders who either (a) are the age needed to consent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use the Service. Parents can consult their device settings for the App to restrict in-App purchases by a Child, and should also monitor activity in their Childs Account, including the purchase of Virtual Money or Virtual Goods.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NIANTIC DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
4. Limited License to Use
Subject to your compliance with these Terms, Niantic grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. Niantic reserves all rights in and to the Apps not expressly granted to you under these Terms.
5. Content and Content Rights
Subject to your compliance with these Terms, Niantic grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. "Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of a Service provides to be made available through Services.
5.1 Content Ownership
Niantic does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Niantic and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
5.2 Rights Granted by You
By making any User Content available through the Services you grant to Niantic a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow Niantic to benefit freely from the above rights, including but not limited to:
- The right to reproduce User Content by any means and in any form.
- The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and print.
- The right to use the User Content for demonstration, promotion and advertising for all Niantic Services.
The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Niantic or by any outside party of its choice. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Niantic on or through the Services will infringe, misappropriate or violate a third partys intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Niantic or any third party designated by Niantic.
5.3 Trading
Certain Apps permit Account holders to capture and trade virtual items, including but not limited characters or other items ("Trading Items"), during gameplay. Unlike Virtual Money and Virtual Goods, Trading Items are obtained at no additional charge during gameplay. Trading Items are a category of Content, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value. Trading Items may be traded with other Account holders for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money, Virtual Goods, “real” goods, “real” money, or “real” services, or any other consideration from us or anyone else.
You agree that you will only obtain Trading Items from other Account holders and through means provided by Niantic, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account or cancellation of such Trading Items. All Trading Items and other Content are provided "as is," without any warranty, except where prohibited under applicable law.
5.4 Virtual Money and Virtual Goods
Certain Apps permit the purchase of virtual currency ("Virtual Money"), specific to each App, and use of that Virtual Money to purchase virtual items or services expressly available for use in the respective Apps (“Virtual Goods”). Virtual Money is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third party unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and may result in cancellation of such Virtual Money or Virtual Goods or the termination of your Account.
During the term of your license to your Virtual Money, you may redeem your Virtual Money for selected Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.
Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 60 days advance notice to you by posting a notice through the Services or through other communications.
5.5 Feedback
You can submit feedback, comments, and suggestions for improvements to the Services ("Feedback") by reaching out to us on social media or support channels. Feedback is a form of User Content.
5.6 DMCA/Copyright Policy
Niantic respects copyright law and expects its users to do the same. It is Niantics policy to terminate in appropriate circumstances Account holders who infringe or are believed to be infringing the rights of copyright holders. Please see Niantics Copyright Policy for further information.
6. Conduct, General Prohibitions, and Niantics Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- collect, store or share any personally identifiable information of other users from the Services without their express permission;
- extract, scrape, or index the Services or Content (including information about users or gameplay);
- use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;
- attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Niantic or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
- bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Niantic or any of Niantics providers or any other third party (including another user) to protect the Services or Content;
- use, display, mirror, or frame the Services or any individual element within the Services, Niantics name, any Niantic trademark, logo, or other proprietary information, or the layout and design of any page or App without Niantics express written consent;
- post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third partys patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- access, tamper with, or use nonpublic areas of the Services, Niantics computer systems, or the technical delivery systems of Niantics providers;
- attempt to probe, scan, or test the vulnerability of any Niantic system or network or Service, or breach any security or authentication measures;
- use any meta tags or other hidden text or metadata utilizing a Niantic trademark, logo, URL, or product name without Niantics express written consent;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
- interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although Niantic is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Niantic may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF NIANTICS TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
7. Participation in Events
7.1 Event Registration and Tickets
The term "Event(s)" means any in-person event, gathering, activity or the like which is directly organized, hosted, or managed by Niantic, and any Promotion (as defined below). By registering or, where required, purchasing tickets for an Event, you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.
Subject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event tickets are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example a drivers license or passport, showing the same first and last name as those provided at time of prior registration, may be required to access an Event. Actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial use of tickets is prohibited without written approval from Niantic. Tickets are not redeemable for cash or credit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Events may have limited space and/or availability and Niantic does not guarantee your ability to purchase a ticket or attend an Event.
Unless otherwise prohibited under applicable law, by attending an Event you acknowledge that Niantic will use your data collected pursuant to the Privacy Policy for providing Event features (both in person and online), including contacting you and giving you updates about the Event, mailing you required materials (e.g., a QR wristband), providing emergency or severe weather notifications, or public Event leaderboards and gameplay competitions.
7.2 Event Conduct and Policies
You shall at all times comply with all applicable laws and any rules and policies provided by Niantic or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Niantic representatives at the Event. As a condition of participation, you agree to comply with all policies on the Sites, including, without limitation, any applicable Event website.
Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release Niantic and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security precautions and/or searches. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, an Event without refund or other compensation.
Niantic and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that (a) does not comply with these Terms, (b) engages in disorderly conduct or willful misconduct, or (c) Niantic or its authorized third parties believe will cause a negative effect on the Event, participants, spectators, and/or personnel.
Any minor attending an Event must be accompanied by a Parent.
7.3 Assumption of Risks
Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Event, including injury by any cause and damage, loss, or theft of property. You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or spectator behavior or errors in judgment by personnel at the Event), and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.
To the extent permitted under applicable law, you hereby waive and release Niantic and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants and spectators.
7.4 Event Features and Cancellation
Subject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks, items, rewards and/or Content (collectively "Event Features") advertised in connection with an Event are not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event without notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event Features while at the Event.
Event date, time and/or location are subject to change at any time, and Niantic will make a commercially reasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value with no further liability or compensation from Niantic or any other party. Any travel or accommodation costs incurred are entirely your responsibility.
7.5 Recordings and Use of Likeness
You consent to and approve of Niantics recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Events and the royalty free use of this information subject to the same "Rights Granted by You" above. Niantic may publish the results of any competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.
8. Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
Periodically, Niantic and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services (each a "Promotion"). In addition to these Terms, Promotions will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms”). By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these Terms. Niantic urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and any Promotional Terms, governs any information you submit in connection with such Promotions.
9. Beta Programs
Niantic may offer you early access to certain pre-release mobile application software ("Beta Software") in order to allow you to test and provide feedback on Beta Software as part of Niantics beta testing program (“Beta Program”). This Section only applies to closed Beta Programs, where Niantic offers private access to selected testers. This Section does not apply to open betas that Niantic makes publicly available on an app store.
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that Niantic may provide to you in connection with the Beta Program ("Test Materials"), the Beta Software, as well as everything related to the Beta Program is the exclusive property of Niantic, is confidential, and should be treated as confidential until such time as Niantic releases it.
If Niantic offers you access to the Beta Software, then, subject to your compliance with these Terms, Niantic grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:
- copy, modify, or create derivative works based on the Beta Software;
- give or sell the Beta Software to anyone;
reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software;
- install the Beta Software on systems you dont directly control or that you share with others;
discuss the Beta Software with or demonstrate it to anyone outside of Niantic;
- blog, tweet, or otherwise publicly post information about the Beta Software;
- take screenshots, photos, videos, or audio recordings of the Beta Software unless Niantic has allowed you to do so in writing; or
- make Beta Feedback (as defined below) available to any third party, unless approved by Niantic in writing and in advance.
Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph the Beta Software. Please notify Niantic promptly of any unauthorized access or of any suspected breach of your accounts security.
Niantic may collect your comments, suggestions, and feedback on the Software, and may also track your use of the Software through analytic tools, in accordance with Niantics Privacy Policy. All such comments, suggestions, feedback, and analytic data (collectively, the "Beta Feedback") is the exclusive property of Niantic.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Niantic, and you will not be compensated for your participation or any Beta Feedback.
Unless prohibited by applicable law, all Test Materials are provided to you "as is" without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, Niantic is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to Niantic, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, Niantic will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
10. Third Party Websites or Resources
Services may contain links to third party websites or resources. Niantic provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
Niantic is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services or participate in an Event and you hereby waive and release Niantic and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.
11. Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NIANTIC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. NIANTIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
12. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIANTIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIANTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NIANTICS TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000), OR, IF CONTRACTING WITH NIANTIC INTERNATIONAL LIMITED, ONE THOUSAND POUNDS (£1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NIANTIC AND YOU.
13. Dispute Resolution
YOU AGREE THAT DISPUTES BETWEEN YOU AND NIANTIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE "ARBITRATION" SECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13.1, “ARBITRATION,” BELOW.
13.1 Arbitration
If you live in the US or another jurisdiction which allows you to agree to arbitration, you and Niantic agree that any disputes will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a partys copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an "IP Protection Action"). Notwithstanding this arbitration agreement, Niantic reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its IP, products, and Services.
Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide Niantic with written notice of your desire to do so by email to termsofservice@nianticlabs.com within thirty (30) days following the date you first accept these Terms (such notice, an "Arbitration Opt-out Notice"). If you dont provide Niantic with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further, unless both you and Niantic otherwise agree in writing, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the parties agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this Section 13.1 “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 13.6, “Governing Law and Exclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.
13.2 Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
13.3 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAAs roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
13.4 Arbitration Location and Procedure
Unless you and Niantic otherwise agree, the arbitration will be conducted in a confidential manner, in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Niantic submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the arbitrators discretion, absent a showing of good cause, in no event shall the parties be allowed more than three (3) depositions per side, and there will be no corporate deposition of the type contemplated by Federal Rule of Civil Procedure 30(b)(6) and California Code of Civil Procedure 2025.230.
13.5 Arbitrators Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrators decision will be treated as confidential, and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrators award of damages must be consistent with the terms of Section 12 "Limitation of Liability" as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimants individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys fees and expenses to the extent provided under applicable law. Niantic will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys fees and expenses if it prevails in arbitration.
13.6 Governing Law and Exclusive Venue
To the extent that these Terms allow you or Niantic to initiate litigation in a court, other than for small claims court actions, both you and Niantic agree to the exclusive jurisdiction of and venue in the state and federal courts located in the Northern District of California. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of California, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country.
13.7 Fees
Our responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Niantic will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)).
13.8 Changes to Dispute Resolution
Notwithstanding the provisions of the "Changes to Terms or Services" section above, if Niantic changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (by email to termsofservice@nianticlabs.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Niantics email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Niantic in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14. General
14.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Niantic and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Niantic and you regarding the Services and Content.
14.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Niantics prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Niantic may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
14.3 Force Majeure
Neither Niantic, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute,or any other cause beyond its respective control.
14.4 Notice
Any notices or other communications provided by Niantic under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Your provided.
14.5 Waiver
Niantics failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Niantic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
14.6 Contact Information
If you have any questions about these Terms or the Services, please contact Niantic at termsofservice@nianticlabs.com or 1 Ferry Building Suite 200, San Francisco, CA 94111.
15. Terms Specific to Residents of the Republic of Korea
15.1 Purchases by End Users in the Republic of Korea
If you live in the Republic of Korea, the E-Commerce Act provides you with certain rights to refunds within seven (7) days of purchase. However, please note that once you exchange Virtual Money for Virtual Goods within the App, a refund will no longer be available. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods as permitted under applicable law without any liability to you.
16. Terms Specific to Residents of the EEA
16.1 Purchases and Refunds Services
If you live in the EEA, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the EEA, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
17. Terms Specific to Residents of Germany
17.1 Limitation of Liability
In the event of intentional or gross negligence, including by its representatives and vicarious agents (Erfüllungsgehilfen), either Party shall be liable according to statutory provisions. The same shall apply in the event of culpably caused damages resulting from an injury to life, body or health, in the event of damages resulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of defaults concealed fraudulently (arglistig verschwiegene Mängel).
In the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight negligence of either Party, its representatives or vicarious agents, such Party shall be liable only in the event of a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the damage which was foreseeable at the time of conclusion of the contract and typical taking into account the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties whose accomplishment enables proper fulfilment of an agreement and whose observance the contracting parties may and do regularly rely on.
Insofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of services free of charge, they remain unaffected by the aforementioned provisions.
Liability based on the German Product Liability Act shall remain unaffected.
Any further liability of either Party other than set out above shall be excluded.

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Snap Group Limited Terms of Service
Welcome!
Weve drafted these Terms of Service (which we call the “Terms”) so youll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. Theres a good reason for that: these Terms do indeed form a legally binding contract between you and Snap Group Limited. So please read them carefully.
In order to use Snapchat, Bitmoji or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you must have accepted our Terms and Privacy Policy, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the Terms or the Privacy Policy. Of course, if you dont accept them, then dont use the Services.
These Terms apply to you if you live outside the United States or if you are using the Services on behalf of a business located outside the United States. If you live in the United States or are using the Services on behalf of a business located there, the Snap Inc. Terms of Service apply.
ARBITRATION NOTICE: IF YOURE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS LATER IN THESE TERMS.
1. Who can use the Services
No-one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
- you can form a binding contract with Snap Group Limited;
- you are not a person who is barred from receiving the Services under the laws of the United States, the United Kingdom or any other applicable jurisdiction including, for example, that you do not appear on the US Treasury Departments list of Specially Designated Nationals or face any other similar prohibition;
- you are not a convicted sex offender;
- you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights we grant you
Snap Group Limited grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
The Services include Bitmoji, which allows you to assemble an avatar using visual elements we provide (a “Bitmoji Avatar”). All Bitmoji Avatars are owned exclusively by Snap Group Limited (or its affiliates), and we reserve the right to use any Bitmoji Avatars for any purpose, including to promote our products and services.
Any software that we provide you may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your devices settings.
You may not copy, modify, distribute, sell or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights you grant us
Many of our Services let you create, upload, post, send, receive and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use that content. How broad that licence is depends on which Services you use and the settings you have selected.
We call Story submissions that are set to be viewable by everyone as well as content you submit to crowd-sourced Services, including Our Story, “Public Content”. For all content you submit to the Services other than Public Content, you grant Snap Group Limited, Snap Inc. and our affiliates a worldwide, royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content for as long as you use the Services. This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones.
Because Public Content is public by nature and records matters of public interest, the licence you grant us for this content is broader. For Public Content, you grant Snap Group Limited, Snap Inc., our affiliates and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a licence to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent its necessary, when you appear in, create, upload, post or send Public Content, you also grant Snap Group Limited, Snap Inc., our affiliates and our business partners the unrestricted, worldwide right and licence to use your name, likeness and voice. This means, among other things, that you will not be entitled to any compensation from Snap Group Limited, Snap Inc., our affiliates or our business partners if your name, likeness or voice is conveyed through the Services, either on the Snapchat application or on one of our business partners platforms.
For more information about how to tailor who can watch your content, please take a look at our Privacy Policy and Support Site.
We reserve the right to delete any content (i) which we think violates these Terms or our Community Guidelines, or (ii) if necessary to comply with our legal obligations. However, you alone remain responsible for the content you create, upload, post, send or store through the Services.
The Services may contain advertisements. In consideration for Snap Group Limited letting you access and use the Services, you agree that we, Snap Inc., our affiliates and our third-party partners may place advertising on the Services, including personalised advertising based upon the information you provide us or we collect or obtain about you. Because the Services contain content that you and other users provide us, advertising may sometimes appear near, between, over or in your content.
With respect to your use of Bitmoji, you grant Snap Group Limited, Snap Inc. and our affiliates and business partners a worldwide, perpetual, royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit, broadcast, syndicate, publicly perform and distribute (a) any actual or simulated likeness, image, voice, name, poses or other personal characteristics (collectively, your “Likeness”) embodied in a Bitmoji Avatar or the Bitmoji Services, and (b) any materials you create using the Bitmoji Services, as well as the right to create and use derivative works from those materials, in any and all media or distribution methods (now known or later developed). This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones. This means, among other things, that you will not be entitled to any compensation from Snap Group Limited, Snap Inc., our affiliates or our business partners if your name, likeness or voice is conveyed through or in connection with Bitmoji, either on the Bitmoji application or on one of our business partners platforms.
Should you develop or be deemed to have any rights in a Bitmoji Avatar, you irrevocably and unconditionally assign (and in the case of copyright, by way of a present assignment of future copyright) to Snap Group Limited absolutely, with full title guarantee and free from any encumbrances, all of your right, title and interest in and to such Bitmoji Avatar.
To the extent permissible by law, you irrevocably waive or agree not to assert against Snap Group Limited or its affiliates to the extent a waiver is not permitted any moral rights or equivalent rights you may have in the Bitmoji Avatar throughout the world.
Though were not required to do so, we may access, review, screen and delete any Bitmoji Avatar at any time and for any reason. However, you alone remain responsible for your use of the Bitmoji Avatar that you create through our Services.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
4. The content of others
Much of the content on our Services is produced by users, publishers and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although Snap Group Limited reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, our Community Guidelines or the law, we do not necessarily review all of it.
Through these Terms and our Community Guidelines, we make clear that we dont want the Services to be put to bad uses. But because we dont review all content, we cannot guarantee that content on the Services, or that our users use of our Services, will always conform to our Terms or Guidelines.
5. Privacy
Your privacy matters to us. You can learn how your information is handled when you use our Services by reading the Privacy Policy.
6. Respecting others rights
Snap Group Limited respects the rights of others. And so should you. You therefore may not use the Services or enable anyone else to use the Services, in a manner that:
- violates or infringes someone elses rights of publicity, privacy, copyright, trademark or other intellectual-property right;
- bullies, harasses or intimidates;
- defames;
- spams or solicits our users.
You must also respect Snap Inc.s rights and adhere to the Brand Guidelines, Bitmoji Brand Guidelines and any other brand guidelines published by Snap Inc. You may not do any of the following (or enable anyone else to do so).
- use branding, logos, icons, user interface, designs, photographs, videos or any other materials used in our Services, except as explicitly allowed by the Brand Guidelines, Bitmoji Brand Guidelines or other brand guidelines published by Snap Inc.
- violate or infringe Snap Inc.s copyrights, trademarks or other intellectual property rights.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use the Services, any tools provided by the Services or any content on the Services for any commercial purposes without our consent.
In short: you may not use the Services or the content on the Services in ways that are not authorised by these Terms. Nor may you help anyone else in doing so.
7. Respecting copyright
Snap Group Limited honours copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Snap Group Limited becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the users account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Or you may file a notice with our designated agent:
Snap Inc.
Attn: Copyright Agent
2772 Donald Douglas Loop North
Santa Monica, CA 90405, USA
email: copyright@snap.com
Dont use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, please use the tool accessible here.
If you file a notice with our Copyright Agent, it must:
- contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify 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 let us locate the material;
- provide your contact information, including your address, telephone number and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
8. Safety
We try hard to keep our Services a safe place for all users, but we cant guarantee it. Thats where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users information.
- You will not use or develop any third-party applications that interact with the Services or other users content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
- You will not use or attempt to use another users account, username or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access.
- You will not probe, scan or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Snap and drive. And never put yourself or others in harms way just to capture a Snap.
9. Your account
You are responsible for any activity that occurs in your Snapchat account, so its important that you keep your account secure. One way to do that is to select a strong password that you dont use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than 1 account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent or lease access to your Snapchat account, Snaps, a Snapchat username or a friend link without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorised third-party applications or clients.
If you think that someone has gained access to your account, please contact Snapchat Support immediately.
10. Memories
Memories is our data-storage service that makes it easier for you to reminisce anytime, anywhere. By agreeing to these Terms, you automatically enable Memories. Once Memories is enabled, it will remain enabled for as long as you maintain your Snapchat account. But you can always turn off certain Memories features through Settings.
One of the options we provide with Memories is the ability to create a restricted area by setting a passcode, which might be a PIN or a passphrase or some other mechanism. This is similar to the device-lock option you may be using on your mobile device; by setting a passcode, you make it less likely that another person who gets hold of your device will be able to see what you saved to the restricted area of Memories. But heres a big warning: if you lose or forget your Memories passcode, or if you enter the wrong one too many times, you will lose access to any content you saved in the restricted area of Memories. We dont offer any passcode recovery features for this restricted area. You are solely responsible for remembering your passcode. Please go to our Support Site for more details on passcodes.
Your content in Memories might become unavailable for any number of reasons, including things such as an operational glitch or a decision to terminate your account at our end. As we cant promise that your content will always be available, we recommend keeping a separate copy of the content you save to Memories.
We make no promise that Memories will be able to accommodate your precise storage needs. We reserve the right to set storage limits for Memories, and we may change these limits from time to time at our sole discretion. And just as with our other Services, your use of Memories may take up space on your device and may incur mobile data charges.
You may not resell any Memories features. This means you cant do something like use Memories to operate your own file-storage or distribution service for other people.
11. Data charges and mobile phones
You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If youre unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a Snapchat account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.
12. Third-party services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each partys terms will govern the respective partys relationship with you. Neither Snap Group Limited nor Snap Inc. is responsible or liable for a third partys terms or actions taken under the third partys terms.
13. Modifying the Services and termination
Were relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products or functionalities and we may also suspend or stop the Services altogether. We may take any of these actions at any time and, when we do, we will try to notify you beforehand but this won't always be possible.
Though we hope you remain a lifelong Snapchatter, you can terminate these Terms at any time and for any reason by deleting your account.
Snap Group Limited may also terminate these Terms with you if you fail to comply with these Terms, our Community Guidelines or the law, or for any reason outside of our control. And while well try to give you advance notice, we cant guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Snap Group Limited continue to be bound by Sections 3, 6, 9, 10 and 13-22 of the Terms.
14. Indemnity
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Snap Group Limited, Snap Inc. and our affiliates, directors, officers, stockholders, employees, licensors, suppliers and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including legal fees) due to, arising out of or relating in any way to: (a) your access to or use of the Services, (b) your content and (c) your breach of these Terms.
15. Disclaimers
We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including in particular implied warranties, conditions or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement or (ii) arising from a course of dealing. In addition, while Snap Group Limited attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
Snap Group Limited, Snap Inc. and their affiliates take no responsibility and assume no liability for any content that you, another user or a third party creates, uploads, posts, sends, receives or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate, none of which Snap Group Limited, Snap Inc. nor their affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
16. Limitation of liability
Snap Group Limited, Snap Inc. and our affiliates, directors, officers, stockholders, employees, licensors, suppliers and agents will not be liable for any indirect, incidental, special, consequential, punitive or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorised access, use or alteration of your content. In no event will Snap Group Limited, Snap Inc. or their affiliates aggregate liability for all claims relating to the Services exceed the greater of €100 EUR or the amount you paid Snap Group Limited in the last 12 months for any paid Services.
Nothing in these Terms (or for the avoidance of doubt any other terms to which you are subject in respect of the provision of Services by Snap Group Limited, Snap Inc., or their affiliates) shall exclude or limit Snap Group Limiteds, Snap Inc.s or their affiliates liability for: a) death or personal injury arising from their own respective intent or negligence; b) fraud or fraudulent misrepresentation; or c) any other liability to the extent that such liability may not be excluded or limited as a matter of law.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
17. Dispute resolution and arbitration
If you have a concern, lets talk. Go ahead and contact us first and well do our best to resolve the issue.
Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Services on behalf of a business (rather than for your personal use), you and Snap Group Limited agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Services will be finally settled under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.
18. Exclusive venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Snap Group Limited agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of England in the United Kingdom, unless this is prohibited by the laws of the country where you reside. You and Snap Group Limited consent to the exclusive jurisdiction of those courts.
19. Choice of law
The laws of England and Wales govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
20. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
21. Additional terms for specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be presented to you before you access the relevant Services, then become part of your agreement with us when you accept them. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
22. Final terms
- These Terms make up the entire agreement between you and Snap Group Limited and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
Contact us
Snap Group Limited welcomes comments, questions, concerns or suggestions. You can contact us or get support by using this online form.
The company responsible for the Services outside the United States is called Snap Group Limited and is located in the United Kingdom at 77 Shaftesbury Avenue, London, W1D 5DU, United Kingdom. Registered company number: 09763672. VAT ID: GB 237218316.

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Aibo End User Agreement
This aibo User Agreement ("User Agreement") is entered into between you and Sony Electronics Inc. ("Sony") and governs your use of the aibo device and its embedded software ("aibo Product"), the aibo AI Cloud Plan service ("Cloud Service") and wireless data service for the aibo Product ("Wireless Service"), the My aibo app ("App"), any aibo-specific registration pages, and any other Sony online or wireless service that posts a link to this User Agreement or otherwise expressly states that it is governed by this User Agreement (collectively, the "Services"). Please note that this User Agreement does not apply to any other Sony website or online service unless expressly posted on such website or online service. Your use of the Services is also subject to our Privacy Policy.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SERVICES, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY PURCHASING AN AIBO PRODUCT AND/OR USING THE SERVICES, YOU AGREE TO THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS USER AGREEMENT, PLEASE DO NOT PURCHASE AN AIBO PRODUCT OR USE THE SERVICES.
When using particular services or features of the Services, both this User Agreement and a separate guidelines, rules, or terms document may apply to your use of that feature or service ("Additional Terms"). To the extent there is a conflict between this User Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
The Services are available only to individuals who are at least 13 years old and are a resident of the United States of America, excluding the State of Illinois. (If you meet the eligibility requirements, but are not the age of legal majority in your place of residence, your parent or legal guardian must review this User Agreement and
accept it on your behalf.) Residents of Illinois may use the App as non-registered users, but the aibo Product and related Services are not available for sale or use in Illinois.
EXCEPT FOR CERTAIN TYPES OF DISPUTES AND SUBJECT TO THE OPT-OUT RIGHTS DESCRIBED IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION BELOW, YOU AND SONY AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
1. License
You acknowledge and agree that the content, information, and materials included in and on the Services (including past, present, and future versions of any aspect of the Services) (collectively, the "Materials") are owned by Sony or its licensors unless expressly indicated otherwise. The Materials are protected by copyright, trademark, and other laws, rules, regulations and treaties. The Materials include, without limitation: software (including source and object code) offered as any part of the Services, including the App and software included within the aibo Product; graphics, designs, photographs, artwork and other images; audio, video, and audiovisual materials; text; data/information; the layout (i.e., compilation, assembly and arrangement of content within the Services) and "look and feel" of any user interface within the Services; trademarks, including logos; domain names; and any and all copyrightable and other materials related to the Services.
Except as expressly set forth in this User Agreement or expressly granted to you in writing by Sony, you are granted no rights in the Materials (either by implication, estoppel or otherwise). Subject to your compliance with this User Agreement, the Materials are licensed to you not sold and you acknowledge that you do not acquire any ownership rights in the Materials by using the Services. You may only use the Materials as expressly set forth in this User Agreement.
Subject to your strict compliance with this User Agreement and any Additional Terms, Sony grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and view the Materials. When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Services or reverse engineer, modify, decompile, disassemble, or attempt to discover any source code associated with the Services or to attempt to port or install any software embedded in the aibo Product onto any other device. You also agree that you will not (including by use of any robot, scraper, or other data-mining technology or process) frame, mask, extract data or other materials from, copy or distribute the Materials (except as may be the result of expressly permitted functionality of the Services).
With regard only to software embedded within the aibo Product and without regard to any provision in this User Agreement to the contrary, you may transfer all of your rights under this User Agreement only as part of a sale or transfer of the aibo Product provided you retain no copies, transfer the aibo Product and all included software and documentation in its entirety, and the recipient agrees to the terms of the user agreement then in effect for users of the aibo Services.
Notwithstanding the foregoing limited license grant, you acknowledge that software incorporated into the aibo Product and other aspects of the Services may include software that is subject to terms and conditions governing its use other than this User Agreement ("Excluded Software"). Certain Excluded Software may be covered by open-source software licenses ("Open Source Components"), which means any software licenses approved as open-source licenses by the Open Source Initiative or any substantially similar licenses, including but not limited to any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. Please visit http://www.sony.net/Products/Linux/ for details on Excluded Software included in the aibo Product, and the applicable terms and conditions governing its use. Such
terms and conditions may be changed by the applicable third party at any time without liability to you. To the extent required by the licenses covering Open Source Components, the terms of such licenses will apply in lieu of the terms of this User Agreement with regard to the Open Source Components. To the extent the terms of the licenses applicable to Open Source Components prohibit any of the restrictions in this User Agreement with respect to such Open Source Components, such restrictions will not apply to such Open Source Component. To the extent the terms of the licenses applicable to Open Source Components require Sony to make an offer to provide source code in connection with the aibo Product, such offer is hereby made.
Any and all rights to use the Services that are not expressly granted to you under this User Agreement are reserved for Sony or its licensors. Except as expressly provided in this User Agreement, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized Sony employee. Nothing contained in these Terms will affect, impair, or limit in any way the rights of Sony and its licensors to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
2. Automatic Updates
The software required to run the Services may automatically download and install updates from time to time from Sony. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. Such updates or modifications may modify or delete features or aspects of the Services, including features you may rely upon. You hereby agree that such activities may occur at Sony's sole discretion and that Sony may condition continued use of the Services upon your complete installation or acceptance of such update or modifications. You agree to receive such updates (and permit Sony to deliver these to you) as part of your use of the Services.
3. Membership Registration
In order to access most features of the Services, you must own an aibo Product and must (1) create and maintain a Sony membership account ("Sony Account"), (2) register for membership to the Service ("Membership"), and (3) register your aibo Product with Sony through your Membership account. The Sony Account creation and sign-in process and the personal information that you provide in association with your Sony Account are not part of the Services and will be subject to a separate Sony privacy policy as posted on the Sony Account registration and login pages.
In all cases, you agree to provide current, accurate and complete information as requested by or through the Services or otherwise by Sony. Each individual person is allowed to have only one (1) Membership. Membership and use of the Services is for personal and non-commercial use only and is not transferable. You are responsible for maintaining the confidentiality of your Sony Account and your Membership account and for any activity that occurs under your Membership, including all images or video recordings captured by your aibo Product if you enable recording features. You agree to immediately notify Sony of any unauthorized use of your Membership or any breach of security in relation to the Service.
If you do not own an aibo Product, your ability to use the Services will be limited to non-registered use of the App and any other Service features that Sony may choose to make available to non-registered users in the future.
4. De-registration of your aibo Product
Should you return your aibo Product to its place of purchase, transfer your aibo Product in accordance with this User Agreement, or if this User Agreement is terminated, you agree to: (i) reset the aibo Product to its original factory settings and (ii) de-register the aibo Product by contacting Sony Customer Service.
(See https://esupport.sony.com/US for contact information.)
5. Cloud & Wireless Services
CERTAIN FEATURES OF THE SERVICES AND FUNCTIONALITY OF THE AIBO PRODUCT MAY BE AVAILABLE ONLY TO THOSE WHO SUBSCRIBE TO THE CLOUD SERVICE.
In connection with the Cloud Service, an aibo Product may be able to utilize wireless data connectivity that permits it to send and receive data over a mobile network ("Wireless Service"). You understand and agree that the Wireless Service is provided by a third-party service provider to Sony and may be subject to Additional Terms.
An initial period of Cloud Service and Wireless Service may be offered without additional charge to new purchasers of an aibo Product. After the expiration of such initial period (or if no such initial period is offered by Sony) the Cloud Service and Wireless Service may be available for purchase. In such case, use of the Wireless Service, if offered, will be subject to a periodic fee, as set forth in a separate agreement between you and a third-party wireless service provider. Use of the Cloud Service, if offered, may also be subject to a period fee as set forth in a separate agreement.
You understand and agree that the Wireless Service and any features that depend on the Wireless Service will be available only when the aibo Product is within the coverage area of the Wireless Service and in an environment where it can receive cellular coverage through Sony's third-party service provider.
If you purchase an aibo Product, you agree that the SIM card you are issued will be used only within your aibo Product and may not be used in any other device.
6. User Content
You may choose to post, display and share "User Content" by using the Services and your aibo Product. "User Content" is defined as images and videos transmitted to or through the Services as a result of your use of features of your aibo Product, as well as any other materials, content, or text that you submit to the Services or are submitted through your Membership account or your aibo Product. (If you own an aibo Product, you may have the opportunity to "teach" the aibo Product a customized behavior in response to specified commands and may have the opportunity to share that behavior through the Services. While features of the Services allowing you to share and save the learned behavior may collect User Content, you understand and agree that the learned behavior itself is a part of the Services and not User Content for purposes of this User Agreement.)
You agree not to post, send, transmit, upload, display, publish or share through any part of the Services any User Content that:
- Interfere with anyone else's use of the Services;
- Is abusive, illegal, indecent, obscene, offensive, or threatening in any way;
- Uses materials of others that are protected by copyright, trademark or trade
secrets, patent or other intellectual property law without the express permission
of the author or owner;
- Contains false or misleading statement of facts or description of the origin of
the material or communications;
- Violates anyone's copyrights, moral rights, author's rights, trade secrets,
trademark, patent or other intellectual property or other rights;
- Interferes with the privacy rights of any person, or impersonates any person;
- Contains a virus, may corrupt files or other content, or may otherwise
compromise or harm the Services or any third party;
- Constitutes a criminal offense, gives rise to civil liability, or violates any
applicable laws or regulations, or encourages anyone to break the law; or
advocates illegal activity; or
- Contains links to any User Content that does any of the above.
7. Pricing and Storage Policy
Membership is free to those who own an aibo Product, but users must have the Cloud Service for their aibo Product in order to use back-up, storage and other features of the Services. Fees for the Cloud Service will be described to you at the time of purchase of your aibo Product or in a separate agreement between you and Sony. Fees for the Wireless Service, if offered separately from the Cloud Service, will be as set out in a separate agreement between you and a third-party wireless service provider. Limitations related to a user's use of the online-storage feature (including any space restrictions) will be as designated by the Service. The availability and amount of online storage may be changed by Sony from time to time without prior notice.
User Content hosting and storage services offered as part of the Services are not designed as or intended to be used as a back-up, disaster recovery or emergency data storage facility. You agree and understand that Sony is not obligated to post, retain, or use your User Content submitted through the Services, and may alternatively choose to discard or remove your User Content without any liability whatsoever. You are responsible for creating and maintaining copies of your User Content as back-ups prior to posting or uploading any User Content. (Due to the way the Services operate, you may be able to back-up only certain types of User Content, such as photos and video recordings.)
8. License Grant and Intellectual Property Rights in User Content
As between you and Sony, you remain the owner of your User Content, but you acknowledge that Sony must have a license from you in order to accept your User Content. In consideration of your use of the Services, and the potential benefits related thereto, you grant Sony, its parents, subsidiaries, affiliates, successors, licensees and assigns, a non-exclusive, worldwide, perpetual, sublicensable, royalty- free license to use, host, store, modify, reproduce, distribute, create derivative works, publish, publicly perform and publicly display your User Content with respect to the Services. You hereby waive any moral rights you may have in and to any of your User Content, even if the User Content or a derivative work is altered or changed in a manner not agreeable to you.
You acknowledge and agree that certain technical processing or reformatting of your User Content may be required to (a) perform indexing functions; (b) conform to
connecting network technical requirements; or (c) conform to the limitations of the Service or other similar requirements.
Except as otherwise expressly described in our Privacy Policy, any applicable Additional Terms or otherwise on the Services, your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including, but not limited to, claimed intellectual-property owners. You acknowledge that Sony may be developing, or may have received from a third party, material that is similar or the same in nature to your User Content. Sony owes you no obligation to your User Content unless you and Sony enter into a separate written agreement to that effect. If your User Content is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you.
9. Responsibility for User Content
Sony does not, as a policy, review or screen any images, video, text, music, sound, audio file or other User Content that a User posts, displays or shares on the Service, although Sony does reserve the right to do so. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable. You use the Services at your own risk. Sony does not endorse any content or views expressed in any User Content, and is not responsible or liable in any manner for the conduct of any user.
You are solely responsible for the User Content that you provide to Sony for hosting, displaying, sharing or using in connection with the Services, including, without limitation, the nature, content, subject matter, and views you express, display or publish in your User Content.
You represent and warrant that (a) you have the right to enter into this User Agreement without any other approvals; (b) you have the right to use, upload, publish and display User Content to the Service; (c) you have the right to grant the licenses granted in this User Agreement; (d) the use by Sony of the rights you have granted in this User Agreement will not violate the rights of any third parties; and (e) you are at least 13 years old and reside in the United States of America.
10. Social Media Features
The Services may offer features that enable interactions between the Services and a third-party website or service or contain integration with third-party platforms (each, a "Social Application"), such as enabling you to share content from the Services (User Content or Sony Materials) on other online services. By using such features, you acknowledge and agree to the following: (i) if you use a feature to share information relating to your activity on the Services, you are consenting to your information and content being shared; (ii) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Sony has not provided such information; and (iii) your use of a Social Application is at your own option and risk, and you will hold the Sony Parties (defined below) harmless for the sharing of information relating to your activity on the Services. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.
Features of the Services that permit you to share Sony Materials (such as customized behaviors for an aibo Product) do not grant to you or the recipient(s) any rights in the Sony Materials beyond those granted by this User Agreement. Sony reserves the right to, at any time and for any reason, disable any link to the Services created as part of a Social Application or any other sharing feature offered through the Services.
11. Illegal Activities
You agree not to use the Services in a way that violates any law, ordinance, rule, or regulation, including, without limitation, use of the aibo Product or any other aspect of the Services in a manner that violates any party's privacy or publicity rights or constitutes trespass. Your use of the Services and the products, services, and information provided by the Services are subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States.
It is Sony's policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations. Sony may take any action it feels, in its sole discretion, are necessary or desirable in order to cooperate with the authorities.
12. Copyrighted Material
Sony respects the intellectual property of others, and requires that its users do the same.
Sony will promptly take down or block access to infringing or allegedly infringing material on its servers if Sony becomes aware that such material infringes the copyright of a third party, whether Sony identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a user of the Services or a third party. Sony will contact the user responsible for the User Content and alert him or her of the allegations of infringement and of Sony's takedown or blocking of the allegedly infringing material. If the user believes that the removal or blocking of his or her material was the result of a mistake or a misidentification, the user shall provide Sony a counter-notification establishing the user's rights to display the material in question, as well as any other information Sony may request. Upon receipt, Sony will forward the counter-notification to the party that claims to be the copyright owner. If that party does not file suit to enjoin the alleged infringement, or otherwise satisfy Sony that the counter-notification is insufficient, in Sony's discretion, Sony may re-post or unblock the material within 14 days (or a reasonable time) after receiving the counter-notification. If the user does not respond to Sony's takedown notification, Sony will take down or block the User Content.
If you believe that your work has been copied in a way that constitutes copyright infringement and appears through the Services, please provide Sony's copyright agent, designated below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Notices of alleged infringement and counter-notifications should be sent to:
aibo
c/o Sony Electronics Inc. Legal Department 16535 Via Esprillo
San Diego, CA 92127
858.942.2200
copyinfring@am.sony.com
We have a policy of terminating the accounts of users who we determine (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the requirements set forth under the Digital Millennium Copyright Act have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
By this notice, Sony seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
13. Not a Security System
You acknowledge that the Services are not a security system or emergency detection or notification system and are not useable for such purposes. Use of the "patrol" setting on an aibo Product does not in any way help to prevent, address, eliminate, or mitigate the consequences of any emergency such as a fire, burglary, or medical issue. Neither the aibo Product nor any other aspect of the Services has the capacity to monitor for emergencies, notify you or any third party in the event of an emergency, or dispatch emergency authorities. YOU AGREE NOT TO RELY ON THE AIBO PRODUCT OR ANY OTHER ASPECT OF THE SERVICES FOR ANY SUCH PURPOSE AND YOU UNDERSTAND AND AGREE THAT THE SONY PARTIES (DEFINED BELOW) SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH SECURITY OR MONITORING PURPOSES.
14. Warranty, Disclaimer of Warranty
The Services, including all content, products, services and information and other Materials made available or accessed through the Services, are provided "AS IS" with no warranties of any kind. Uploading, downloading or transmitting any User Content or any other material, data, text, image, video, music, sound or audio files through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from your use of the Services. No advice or information that you obtain by any means from Sony will create any warranty not otherwise expressly stated in this User Agreement.
Without limiting the foregoing and to the fullest extent permitted by applicable law, neither Sony, any of its parents, subsidiaries, affiliates, successors, licensees, assigns, third-party licensors or suppliers, nor any their respective offices, directors, employees, agents, or authorized representatives (collectively, the "Sony Parties") make any representation or warranty of any kind that:
- The Services will meet your requirements;
- Defects in the software that comprise the Services will be corrected;
- The Services will be timely, secure, error-free or uninterrupted;
- The Services or any content, product or information provided in connection with
the Services are accurate, correct, reliable or complete;
- The Materials, User Content or any material, data, text, images, video, music,
sound or audio file or content or materials posted, displayed, stored or shared on or through the Services will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely;
- Any particular result may be obtained from the use of the Services; or
- The Services are free of viruses or other components that may infect, harm or
cause damage to computer equipment, data, software or any other property when you access, browse, download from, upload to or otherwise use the Services.
Sony expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on or available through the Service.
Sony does not warrant that your activities or use of the Services is lawful in any particular jurisdiction and, in any event, Sony specifically disclaims such warranties. You understand that by using any of the features of the Services, you act at your own risk, and you represent and warrant that your activities are lawful in the jurisdiction where you access or use the Services.
The disclaimer of warranties described above is limited to the Services and is in no way intended to affect any limited warranty provided by Sony for the aibo
Product hardware as described in the materials accompanying the aibo Product.
15. Disclaimer of Damages; Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EVEN IF SONY OR ANY OF ITS AUTHORIZED REPRESENTATIVES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, THEIR NEGLIGENCE) SHALL ANY SONY PARTY BE LIABLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY CLAIM, LOSS AND/OR CAUSE(S) OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, RELATED TO:
- The quality, reliability, accuracy or completeness of the Services;
- Any modification, alteration, publication, display, failure to store, failure to
index, loss, deletion, loss of access or damage of or to your User Content, computer equipment, software, data or any text, image, video, music, sound or audio file or other materials that results from your use of the Services;
- Any harm, errors, omissions, costs, losses or damages arising from the use of or inability to use (whether because of interruption, suspension, termination or otherwise) of the Services, User Content or any content, products, services or information provided in connection with the Service;
- Any failures, delays, misdeliveries or interruptions in the Services or any content, products, services or information provided in connection with the Services;
- Any harm resulting from downloading or accessing any User Content or Materials provided in connection with the Service;
- Any unauthorized access to or alteration of User Content or any breach of security related to any server used by the Service; or
- The cost of procurement of any substitute goods or services.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE SONY PARTIES FOR ANY CLAIM WHATSOEVER UNDER THIS USER AGREEMENT, INCLUDING ANY IMPLIED WARRANTY CLAIMS, WILL IN NO EVENT EXCEED THE GREATER OF TEN U.S. DOLLARS ($10) OR THE AMOUNT THAT YOU PAID TO PURCHASE THE AIBO PRODUCT AND ACCESS THE SERVICES.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF A SONY PARTY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SERVICES OR ANY OTHER PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY ANY SONY PARTY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICES, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE SONY PARTIES, PROVIDED HOWEVER THAT NOTHING IN THIS USER AGREEMENT WILL RESTRICT A CALIFORNIA RESIDENT'S RIGHT IF ANY TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
16. Export and Other Regulations
You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities, and not to transfer, or authorize the transfer, of the Services to a prohibited country or otherwise in violation of any such restrictions or regulations.
17. U.S. Government Restricted Rights
Use, duplication, or disclosure by the United States Government is subject to restriction as set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. § 52.227-19, as applicable. The manufacturer for purposes of this section is Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127.
18. High-Risk Activities
The Services are not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Services could lead to death, personal injury, or severe physical or environmental damage ("High-Risk Activities"). THE SONY PARTIES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR HIGH-RISK ACTIVITIES.
19. Links to Non-Sony Sites & Third-Party Content on the Services
Sony may have websites linked to or from the Services. These websites of third parties and affiliated entities linked to or from the Service ("Linked Sites") are independently owned and maintained by such third parties and affiliated entities, and are not under the control and/or supervision of Sony. Use of a Linked Site shall be subject to the terms and conditions stipulated by the operator of each Linked Site. Sony is not responsible for any loss or damage, however caused, in connection with the use of any Linked Site and your access to any of the Linked Sites shall be at your own risk. Nothing contained in the Service shall be interpreted as a recommendation and/or endorsement by Sony of the contents of the Linked Sites and any products and/or services appeared on and/or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership, recommendation or endorsement between the operators of the Linked Sites and Sony.
20. Indemnity
You are responsible for your use of the Services, including your User Content, thus, you agree to indemnify, defend and hold the Sony Parties, harmless from and against any and all liability or cost (including reasonable attorneys' or experts' fees) incurred by any Sony Party in connection with claims arising from:
- Your use of the Services and User Content;
- Your violation of this User Agreement;
- Your violation of a third party's privacy rights;
- Your violation or infringement of a third party's copyright, trademark, trade
secret, patent or other intellectual property right; and/or
- Any libelous or unlawful material contained within your User Content.
You will fully cooperate as reasonably required in Sony's defense of any claim. Sony reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sony.
21. Force Majeure
Sony is not liable for any delay or failure in performance resulting, directly or indirectly from causes beyond its reasonable control, including, without limitation, failure or interruption of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, or non- performance of third parties.
22. Modification or Termination of Service or this User Agreement
Sony may add to, change, or remove any part, term, or condition of this User Agreement at any time without prior notice to you. Any such modified terms posted on the Services shall apply as soon as they are posted (or at such other time as specified in the modified user agreement). By continuing to use the Services after the effective date of the updated user agreement, you are indicating your acceptance thereto.
SONY MAY ADD, CHANGE, DISCONTINUE, REMOVE, OR SUSPEND THE SERVICES OR ANY FEATURE OR COMPONENT THEREOF, TEMPORARILY OR PERMANENTLY, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY. SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED, WILL MEET YOUR REQUIREMENTS OR THAT SONY WILL CORRECT ANY DEFECTS IN THE SERVICES; OR THAT USE OF THE SERVICES WILL NOT ADVERSELY EFFECT ANY DEVICE ON WHICH YOU USE THE SERVICE; OR THAT IT WILL NOT MODIFY OR CHANGE OR RENDER A PORTION OR ALL OF YOUR DEVICE INACCESSIBLE, UNUSABLE AND/OR INOPERABLE. YOU UTILIZE AND/OR ACCESS THE SERVICES AT YOUR SOLE RISK KNOWING THAT THE SAME MAY NOT BE ACCURATE. SONY HAS NO OBLIGATION TO PROVIDE ANY SUPPORT, INCLUDING CUSTOMER SUPPORT FOR THE SERVICES INCLUDING BUT NOT LIMITING TO TROUBLESHOOTING ANY NEGATIVE IMPACTS THE SAME MAY HAVE ON YOUR DEVICE.
Sony reserves the right, in its sole discretion, to terminate your use of the Service (or any part thereof) or to edit, delete or remove any User Content without prior notice for any reason or no reason in its sole discretion.
Any termination under any provision of this User Agreement may be effected without prior notice, and Sony may (but is under no obligation to) immediately delete and discard all of your User Content, and/or ban any further access to such files through the Service. Upon any termination of your Membership, or of this User
Agreement, your right to use the Service will immediately cease. Sony may retain certain materials for administrative and other reasons.
23. BINDING INDIVIDUAL ARBITRATION
The term "Dispute" means any dispute, claim, or controversy between you and Sony regarding the Services or the use of any devices sold by Sony to access the Services (including, without limitation, the aibo Product), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Sony or any of a Sony's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and Sony agree to seek resolution of the Dispute only through arbitration in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
EXCLUSIONS FROM ARBITRATION. YOU AND SONY AGREE THAT ANY CLAIM FILED BY YOU OR SONY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. YOU FURTHER AGREE THAT ANY CLAIM IN WHICH SONY ALLEGES INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES OR THE AIBO PRODUCT OR IN WHICH SONY IS SEEKING INJUNCTIVE OR OTHER URGENT LEGAL RELIEF IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST
NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO SONY ELECTRONICS INC., ATTN: LEGAL DEPARTMENT/ARBITRATION, 16535 VIA ESPRILLO, SAN DIEGO, CA 92127, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SONY ACCOUNT ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH SONY, YOU MUST SEND WRITTEN NOTICE TO SONY ELECTRONICS INC., ATTN: LEGAL DEPARTMENT/ARBITRATION, 16535 VIA ESPRILLO, SAN DIEGO, CA 92127 TO GIVE SONY THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Sony does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Sony may pursue your claim in arbitration pursuant to the terms in this section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND SONY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE NOVEMBER 1, 2018. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Sony elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the Services provided to you by Sony concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1- 800-778-7879. For arbitration brought before JAMS, the arbitrator will similarly apply the Streamlined Arbitration Rules & Procedures if the claim meets the qualifications for applications of such rules. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Sony as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Sony or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Sony may initiate arbitration in either San Diego County, California or the United States county in which you reside. In the event that you select the county of your United States residence, Sony may transfer the arbitration to San Diego County, California in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
24. Governing Law; Waiver of Jury Trial
This User Agreement, all transactions hereunder and Disputes related hereto or the Services shall be governed by and construed under the law of the State of California, without regard to conflicts of laws rules. You agree that any Disputes not required to be submitted to binding arbitration shall be submitted to the courts of California which shall have exclusive jurisdiction over you and Sony for all such Disputes. Venue of all Disputes not submitted to binding arbitration shall lie exclusively and only in the State of California, San Diego County. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE NOT SUBMITTED TO BINDING ARTIBRATION RELATING TO THIS USER AGREEMENT OR THE SERVICES. You and Sony agree that any cause of action arising out of or related to the Service must commence within one (1) year from the date the cause of action arose or such cause of action is permanently barred.
25. Special Terms for iOS App Users
Notwithstanding any other provision within this User Agreement, the following terms are applicable to those using the App as acquired from the Apple App Store to access the Services on an Apple iOS device ("aibo iOS App").
- Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. Sony, not Apple, is solely responsible for the aibo iOS App and the content thereof. You further acknowledge that the aibo iOS App may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date.
- Scope of License. You are granted a license to use the aibo iOS App on any iOS device that you own or control and as permitted by the "Usage Rules" set forth in the App Store Terms of Service.
- Maintenance and Support. We are solely responsible for providing maintenance and support for the aibo iOS App, as specified in this User Agreement or as required under applicable law. You and Sony acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the aibo iOS App.
- Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the aibo iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such aibo iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the aibo iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
- Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the aibo iOS App or your possession and/or use of the App, including, but not limited to: (i) product-liability claims; (ii) any claim that the aibo iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
- Intellectual Property Rights. In the event of any third-party claim that the aibo iOS App or your possession and use of such aibo iOS App infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the User Agreement against you as a third-party beneficiary thereof.
26. General
If a court of competent jurisdiction holds that any provision of this User Agreement is illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of this User Agreement, with all other provisions remaining in full force and effect.
Any failure by Sony to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such rights or provision unless Sony acknowledges and agrees to it in writing, and then it shall constitute a waiver of the particular instance.
Sony may assign this User Agreement to any third party at its sole discretion. You may not assign or sublicense the rights granted under this User Agreement without the prior written authorization of Sony.
This User Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA. Further, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this User Agreement.
Each third-party licensor or supplier of Sony who provides software, content, or other services related to the Services is an express intended third-party beneficiary of, and shall have the right to enforce, each provision of this User Agreement with respect to the software, content or services, as applicable, of such party.

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1. Your Relationship With Us
Welcome to Tiktok (the Platform), which is provided by Tiktok Inc. in the United States (collectively such entities will be referred to as Tiktok, We or Us).
You are reading the terms of service (the Term), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the Services). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, you and your means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
Arbitration notice for users in the united states: These terms contain an arbitration clause and a waiver of rights to bring a class action against us. except for certain types of disputes mentioned in that arbitration clause, you and Tiktok agree that disputes between us will be resolved by mandatory binding arbitration, and you and Tiktok waive any right to participate in a class-action lawsuit or class-wide arbitration.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with Tiktok, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile devices applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
If you are accessing or using the Services on behalf of a business or entity, then (a) you and your includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entitys behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the Last Updated date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at feedback@Tiktok.com.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via feedback@Tiktok.com, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
- access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
- make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services 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 Services or any derivative works thereof;
- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
- use the Services, 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 Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
- incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- intimidate 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 anothers account, service or system without authorisation from Tiktok, or create a false identity on the Services;
use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
- use the Services 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;
any unsolicited or unauthorised advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- any material that contains a threat of any kind, including threats of physical violence;
any material that is racist or discriminatory, including discrimination on the basis of someones race, religion, age, gender, disability or sexuality;
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- material that, in the sole judgment of Tiktok, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Tiktok, the Services or its users to any harm or liability of any type.
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Policy.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our 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 or our Community Policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree to the terms of the Copyright Policy.
7. Content
Tiktok Content
As between you and Tiktok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and look and feel of the Services, and all intellectual property rights related thereto (the Tiktok Content ), are either owned or licensed by Tiktok, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Tiktok Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Tiktok Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Tiktok reserves all rights not expressly granted herein in the Services and the Tiktok Content. You acknowledge and agree that Tiktok may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Tiktok Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
User-Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ( User Content ). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained Virtual Items Policy) and other elements provided by Tiktok ( Tiktok Elements ) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Tiktok Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at Your Access to and Use of Our Services above. You may also choose to upload or transmit your User Content, including User Content that includes Tiktok Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at Your Access to and Use of Our Services above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
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 User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the preceding paragraphs of 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. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a PRO ), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PROs reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at Your Access to and Use of Our Services above. In addition, we have the right but not the obligation in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users please contact us at: feedback@Tiktok.com.
Tiktok takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.It is Tiktoks policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively Feedback ), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Tiktok has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
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 the 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.
8. Indemnity
You agree to defend, indemnify, and hold harmless Tiktok, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
9. Exclusion of warranties
Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
The services are provided as is and we make no warranty or representation to you with respect to them. In particular we do not represent or warrant to you that:
Your use of the services will meet your requirements;
Your use of the services will be uninterrupted, timely, secure or free from error;
Any information obtained by you as a result of your use of the services will be accurate or reliable; and
Defects in the operation or functionality of any software provided to you as part of the services will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice
10. Limitation of liability
Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the paragraph above, we shall not be liable to you for:
(I) any loss of profit (whether incurred directly or indirectly);
(ii) any loss of goodwill;
(iii) any loss of opportunity;
(iv) any loss of data suffered by you; or
(v) any indirect or consequential losses which may be incurred by you. Any other loss will be limited to the amount paid by you to tiktok within the last 12 months.
Any loss or damage which may be incurred by you as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service;
Any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
Your failure to provide us with accurate account information; or
Your failure to keep your password or account details secure and confidential.
Please note that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. If youre unsure what those charges may be, you should ask your service provider before using the service.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11. Other Terms
Open Source.The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy.
Entire Agreement.These Terms constitute the whole legal agreement between you and Tiktok and govern your use of the Services and completely replace any prior agreements between you and Tiktok in relation to the Services.
Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at Your Access to and Use of Our Services above. We reserve the right to withdraw linking permission without notice.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
ARBITRATION AND CLASS ACTION WAIVER. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Tiktok, you will first contact Tiktok and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, Claim ) relating in any way to your use of Tiktoks services and/or products, including the Services, or relating in any way to the communications between you and Tiktok or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Tiktok. However, this arbitration agreement does not (a) govern any Claim by Tiktok for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Tiktok are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Tiktok Inc. 10010 Venice Blvd., Suite 301, Culver City, CA 90232
Email Address: legal@Tiktok.com
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the Class Action Waiver section below.
If you do not want to arbitrate disputes with Tiktok and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@Tiktok.com within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective partys individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ( Class Action ). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Tiktok each waive any right to a jury trial.
If a counter-notice is received by Tiktoks Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at Tiktoks sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.
Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by emailing us at privacy@Tiktok.com. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Tiktok hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a terrorist supporting country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
12. App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple.
By downloading the Platform from a device made by Apple, Inc. ( Apple ) or from Apples App Store, you specifically acknowledge and agree that:
- These Terms between Tiktok and you; Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apples App Store Terms of Services.
- Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
- Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third partys intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
- Tiktok expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Windows Phone Store.
By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:
- You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
- You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
Amazon Appstore.
By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates ( Amazon ), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore ( Amazon Appstore EULA Terms ), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and
- Amazon does not have any responsibility or liability related to compliance or non-compliance by Tiktok or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.
Google Play.
By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ( Google ), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the Google Play Terms ), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Tiktok or you (or any other user) under these Terms or the Google Play Terms.
13. Contact Us.
You can reach us at info@Tiktok.com or write us at Tiktok Inc.: 10100 Venice Blvd., Culver City, CA 90232 , USA
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