The following terms and conditions of use (the “Terms”) constitute an agreement between you (the “User,” or “You”) and You See I Am, LLC and its affiliates and subsidiaries (collectively, the “Company,” "our," “us,” or “we”). These Terms govern your use of and access to the Services detailed below and are a legally binding agreement between You and the Company.
ACCEPTANCE OF THESE TERMS
INTRODUCTION AND DEFINITIONS
We reserve the right, in our sole discretion, to change these Terms of from time to time. You agree that we may notify you of the Updated Terms by posting them on the Website, and that your use of the Website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.
"Content" means any expression fixed in a tangible medium and includes, without limitation, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the following websites and/or Websites: http://youseeiam.com or http://youseeiam.org (known collectively as the “Site”) and/or Services as related to the YOUSEEIAM Website (“the Website").
- GENERAL TERMS
- You must be at least 13 years old to use the Website.
- You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local) Websitelicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You may not post discriminatory, unlawful, infringing, hateful, or pornographic or other content via the Website.
- You represent that all information you provide or provided to the Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, Websites, links and other content or materials that you submit, post or display on or via the Website.
- You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to falsely imply that it is associated with the Company or the Website.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Website users.
- You must not create accounts with the Website through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right to refuse access to the Website to anyone for any reason at any time.
- You are solely responsible for your interaction with other users of the Website, whether online or offline. You agree that the Company is not responsible or liable for the conduct of any user.
- We reserve the right to modify or terminate the Website or your access to the Website for any reason, without notice, at any time, and without liability to you.
- If we terminate your access to the Website or you deactivate your account, your photos, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and Websiteear within the Website.
- There may be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- INTELLECTUAL PROPERTY RIGHTS.
- All logos, domain names, website Content and other intellectual property that entail these products and services are the exclusive property of the Company. User will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User, nor grant any right or license other than those stated in this Agreement.
- The Website may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Company may place such advertising and promotions on the Website or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- MOBILE SERVICES. The Website may be available through certain mobile devices. You acknowledge and agree that the Company is not responsible for ensuring that your mobile device’s software is compatible with the Website or that You can use or access the Website through your mobile device. If You are accessing our Website through Websites, You should check with your carrier to understand what data rates will Websitely.
- LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, You See I Am, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING WebsiteLIES EVEN IF You See I Am, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL You See I Am, LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.
- THIRD PARTY RESOURCES. The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- INDEMNIFICATION. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by You of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
- RELEASE OF CLAIMS. In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Website. You hereby release the Company from any and all claims including those related to personal or business interruptions, misWebsite or information, or any other loss, condition, or issue.
ONLINE COMMERCE. Certain sections of the Website may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically Websitely to your purchase. For more information regarding a Merchant and its terms and conditions that may Websitely, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW AND DISPUTE RESOLUTION. These Terms shall be construed in accordance with, and governed by, the laws of the State of New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in New York, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of the American Arbitration Association. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
- SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
- ASSIGNMENT. These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
- ENTIRE AGREEMENT; WAIVER; HEADINGS. This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Updated: November 2017