Terms Of Service
1. GENERAL.
1.1. Your Acceptance of These Terms of Service.
These Terms of Service govern Your use of the Websites and the Services. Please ensure that You have read these Terms of Service carefully. If You are unsure about any part of these Terms of Service, please ask Us for clarification, using the contact information set forth in Section 15.3 below. By accessing, downloading, or using the Website or the Services,
You are entering into and agreeing to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access or use the Websites or the Services. These Terms of Service apply whether you have a Free Membership (as defined below) or a Subscription Plan (as defined below).
1.2. Our Services.
Our Services include the right to: (a) upload, store, or live stream User Content (as defined below); and (b) use other related functionality that We may provide to You, such as chat features, bulletin boards, forum posting, wiki contributions, or voice interactive services. The Services available to you will depend on your Membership Plan (as defined below).
1.3. Provision of the Websites and the Services.
You acknowledge and agree that We may provide the Websites or the Services through one or more subsidiaries, affiliates or third parties. Furthermore, You acknowledge and agree that We may modify or cease to provide (permanently or temporarily) all or any portion of the Websites or the Services from time to time without prior notice to You.
1.4. Monetization.
We may allow you to use our Websites and Services to create and sell Your User Content to earn money. Your creation and sale of User Content are governed by our Content Creator Addendum located at [Insert Link].
2. MEMBERSHIP PLANS.
2.1. Plan Types.
We offer (a) free memberships that allow you to view Our Content and Third Party Content and Services
(as defined below) on Our Websites (“Free Memberships”) and (b) paid subscriptions that allow you to upload and share User Content (“Subscription Plans”) (collectively, the “Membership Plans”). You can sign up for a Free Membership on our Free Membership Registration Page located at [Insert Link]. You can sign up for a Subscription Plan on our Subscription Plan Registration Page located at [Insert Link].
2.2. Subscription Plans.
We offer monthly and annual Subscription Plans. The fees applicable for each Subscription Plan are set forth on Our Subscription Plan Registration Page located at [Insert Link]. You must pay all fees (plus any taxes) during Your subscription period and any renewal periods. We may adjust the fees from time to time. We will attempt to notify You in advance of any such fee changes prior to Your next billing cycle. If You do not wish to accept a fee change, You may terminate your Subscription Plan in accordance with these Terms of Service.
2.3. Automatic Renewal.
Subscription Plans automatically renew at the end of each subscription period unless canceled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over. You may opt out of automatic renewals by changing Your account settings and by sending us written notice within thirty (30) days of the automatic renewal. Any opt-out or notice of non-renewal will not affect the current subscription period. We may decline renewals.
2.4. Lapse Policy.
When Your Subscription Plan ends, Your Account (as defined below) will, at Our option, revert to a Free Membership or will be deleted. Any User Content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving Your User Content. We shall not be responsible for the loss of any User Content.
2.5. Accounts and Passwords.
In order to open an account under a Membership Plan (an “Account”), You will be asked to provide Us with certain information such as an account name and password. You are solely responsible for restricting access to and maintaining the confidentiality of Your Account, Your password and Your computer. If You permit others to use Your Account or Account credentials, You agree to these Terms of Service on behalf of all other persons who use the Websites or the Services under Your Account or password, and You are responsible for all activities that occur under Your Account or password. Please make sure the information you provide to Us upon registration and at all other times is true, accurate, current, and complete. If You are accessing or using the Websites and the Services on behalf of a child under the age of eighteen, You may set up an account under a Membership Plan for such child, provided, however, that You must provide us with Your contact information or the contact information of a legal guardian of the child in order for the child to access and use the Websites and the Services.
3. YOUR REPRESENTATIONS AND WARRANTIES.
3.1. Your Representations and Warranties.
By using the Websites and the Services, You represent and warrant the following: (a) You have the legal ability and authority to enter into these Terms of Service; (b) You agree to use the Websites and the Services only for those purposes that are permitted by these Terms of Service; (c) You will comply with any and all laws, rules and regulations applicable to Your use of the Websites and the Services; (d) You will not interfere with a third party’s use and enjoyment of the Websites and the Services; (e) You will not interfere with or disrupt Our or Our vendors’ security measures; (f) You are accessing the Websites and the
Services for Yourself or a child under the age of eighteen for whom You are the legal guardian; and (h) if any information You provide to Us becomes inaccurate, incomplete or otherwise false or misleading, then You will immediately notify Us and provide corrected information.
4. PROHIBITED USES.
4.1. Prohibited Uses.
In using the Websites and the Services, You agree not to:
4.1.1. Send or otherwise transmit to or through the Websites or the Services any: (a) unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind; (b) any material that can cause harm or delay to the Websites or the Services or computers of any kind; and (c) any unsolicited advertising, solicitation or promotional materials;
4.1.2. Misrepresent Your identity or affiliation in any way;
4.1.3. Restrict or inhibit any person from using the Websites or the Services;
4.1.4. Reverse engineer, disassemble, or decompile the Services or any technology on or available through the Websites, or attempt to do any of the foregoing;
4.1.5. Gain unauthorized access to: (a) the Websites or the Services, (b) to other users’ accounts, names, Personal Information (as defined below) or other information, or (c) to other computers or websites connected or linked to the Websites;
4.1.6. Launch or use any automated system, including without limitation: “robots,” “spiders,” or “offline readers,” that access the Websites in a manner that sends more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
4.1.7. Send or otherwise transmit to or through the Websites: chain letters, unsolicited messages, so-called
“spamming” or “phishing” messages;
4.1.8. Post, transmit, or otherwise introduce any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
4.1.9. Violate any applicable laws or regulations in any way;
4.1.10. Alter or modify any part of the Services offered on or through the Websites;
4.1.11. Breach or otherwise circumvent Our security or authentication measures; and
4.1.12. Assist or permit any persons in engaging in any of the activities described above.
5. COMMUNITY GUIDELINES
5.1. When using the Websites and the Services, you will be subject to and must comply with Our Community Guidelines located at [Insert Link] and any additional guidelines or rules that are posted on the Websites, made available to You, or disclosed to You in connection with the Services.
6. INTELLECTUAL PROPERTY RIGHTS.
6.1. Intellectual Property Rights.
We are the sole and exclusive owner of the Websites and the Services, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights (“IP” or “IP Rights”), in and to the Websites and the Services and any related materials and documentation (“Our Content”). No title or ownership of Our Content or any portion thereof is transferred to You under these Terms of Service. We reserve all rights not expressly granted under these Terms of Service. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites or the Services.
6.2. Your Content.
Depending on Your Membership Plan, the Websites and the Services allow You to distribute streaming live and pre-recorded audio-visual works and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound images, applications, code, or other data or materials on the Websites or through the Services (“User Content”). If You submit, transmit, display, perform, post, or store User Content using the Websites or the Services, You hereby grant Us and Our sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use,
reproduce, distribute, copy, publish, perform, display, translate, adapt, modify and create derivative works from such User Content including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that You submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, You represent and warrant that You have obtained the appropriate consents or licenses for Your use of such features and that We and Our sub-licensees are allowed to use them to the extent
indicated in these Terms of Service.
6.3. Monitoring.
We shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms of Service and any operating rules established by Us and to satisfy any law, regulation or authorized government request. Although We have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense.
6.4. Feedback.
You may provide Us with input, comments or suggestions regarding the Websites or the Services or the possible creation, modification, correction, improvement or enhancement of the Websites or the Services (“Feedback”). You hereby grant Us a perpetual, irrevocable, fully-paid worldwide, sublicensable, transferable license and right to use, copy, incorporate, distribute, perform, display, modify and exploit any Feedback without any compensation, obligation to report on such use, or any other restriction.
7. INDEMNIFICATION.
7.1. Indemnification.
You shall indemnify, defend, and hold harmless Us and Our affiliates, partners, suppliers and licensors, and each of Our and their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with any third party claim relating to: (a) Your violation of these Terms of Service; (b) Your access to or use of the Websites, the Services, Our Content, or the Third Party Content and Services; (c) Your User Content; (d) the infringement by You or Your User Content of any IP Rights or misappropriation of any trade secret or other proprietary right of any third party; (e) Your violation of law; or (f) Your negligence or willful misconduct.
8. LIMITATION OF LIABILITY.
8.1. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES, THE SERVICES, OUR CONTENT, OR ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF SERVICE (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE PRICE PAID, IF ANY, BY YOU FOR YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. DISCLAIMERS.
9.1. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES, THE SERVICES, AND OUR CONTENT ARE PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE WEBSITES, THE SERVICES, OUR CONTENT, AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. WE AND OUR AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE WEBSITES, THE SERVICES, OUR CONTENT, AND THE THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, WE AND OUR AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITES, THE SERVICES, OUR CONTENT, OR THE THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITES, THE SERVICES, OUR CONTENT, OR THE THIRD PARTY CONTENT AND SERVICES WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE WEBSITES, THE SERVICES, OUR CONTENT, OR THE THIRD PARTY CONTENT AND SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE WEBSITES, THE SERVICES, OUR CONTENT, OR THE THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE WEBSITES, THE SERVICES, OUR CONTENT, OR THE THIRD PARTY CONTENT AND SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE WEBSITES, THE SERVICES, OUR CONTENT, OR THE THIRD PARTY CONTENT AND SERVICES.
9.2. Publishing Disclaimer.
WE ARE IN NO WAY A PUBLISHER OR SPEAKER OF ANY INFORMATION OR USER CONTENT PROVIDED BY YOU ON OUR WEBSITES OR THROUGH OUR SERVICES.
10. FORCE MAJEURE.
10.1. Force Majeure Events.
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control (each a “Force Majeure Event”). Such Force Majeure Events include, but are not limited to: power failures, internet service provider failures, strikes, lock-outs or other industrial actions by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemics, or other natural disasters.
10.2. Effects of a Force Majeure Event.
If any Force Majeure Event occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Service:
10.2.1. We will inform You as soon as reasonably possible;
10.2.2. Our obligations under these Terms of Service will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.3. We will inform You when the Force Majeure Event is over and provide details of any new dates, times or availability of the Websites or the Services as necessary; and
10.2.4. If the Force Majeure Event continues for more than 4 weeks, We will cancel Your Membership Plan in accordance with Our rights to cancel under Section 11 (Termination; Cancellation; and Suspension) and inform You of the cancellation.
11. TERMINATION; CANCELLATION; AND SUSPENSION.
11.1. Our Termination Rights.
If You violate these Terms of Service, we shall have the right to terminate Your Membership Plan, including Your ability to use the Websites and the Services. We shall not be liable to You or any third party for any such termination or discontinuance. Upon any termination of Your Membership Plan, You must immediately cease use of the Websites and the Services.
11.2. Your Termination Rights.
You may terminate a Free Membership at any time upon prior written notice to Us. You may terminate Your Membership Plan if We have breached these Terms of Service in any material way, provided that You have provided us with prior written notice of such breach and we have failed to remedy such breach within thirty (30) days of Your notice. If You have made any payment(s) to Us for any Services and We have not yet provided the Services and you elect to terminate the Membership Plan for our material breach in accordance this Section 11.2, such payment(s) will be refunded to You as soon as reasonably possible, and in any event within thirty (30) calendar days of Your termination.
11.3. Our Suspension Rights.
In certain circumstances (for example, when you violate your obligations under Section 4 (Prohibited Uses) or when We encounter a technical problem), We may suspend Your Membership Plan, and We will inform You of such suspension in advance, unless there is an emergency or an issue that requires immediate attention.
12. PRIVACY POLICY.
12.1. Privacy Policy.
In these Terms of Service, “Personal Information” means any information that, either individually or when combined with other information, can be used to identify a specific individual or derive information specific to a particular individual, including, but not limited to, the following: (i) a first name and last name; (ii) a home or other physical address, including street name and name of city or town; (iii) an email address or other name, that reveals an individual’s email address; (iv) a telephone number; (v) a Social Security number; (vi) credit or debit card information; (vii) checking account information, account number and check number; (viii) a driver’s license, military or state identification number; (ix) a persistent identifier, such as a customer number held in a “cookie” or processor serial number, that is combined with other available data that identifies an individual; (x) human resources information, such as benefits plan information, member number, salary information, performance history, health history, and similar information; (xi) financial or transactional information;
(xii) employee ID number; (xiii) government passport number or alien registration number, or (xiv) any other information that is identifiable to or identifies an individual, whether or not combined with any of (i) through (xiii) above. Personal Information will be used by Us solely in accordance with our Privacy Policy located at [Insert Link].
13. THIRD PARTY CONTENT AND SERVICES.
13.1. General.
You acknowledge that the Websites and the Services permit access to products, services, web-sites, advertisements, promotions, recommendations, advice,
information, and materials created and provided by advertisers, publishers, content creators, marketing agents, vendors and other third parties (“Third Party Content and Services”).
13.2. Disclaimer.
You acknowledge that We do not investigate, monitor, represent or endorse the Third Party Content and Services. Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and We and Our affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. We hereby disclaim any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability,
features, appropriateness, accuracy, completeness, or legality of the Third Party Content and Services.
13.3. Third Party Terms of Service.
You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Websites or the Services are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained in such terms of service. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that We and Our affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Websites. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
13.4. Endorsements.
You acknowledge and agree that the provision of access to and the listing of any Third Party Content and Service shall not constitute or imply any endorsement by Us or Our affiliates of such Third Party Content and Services. We reserve the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Websites or the Services, although We have no obligation to restrict or deny access even if requested by You.
13.5. Inappropriate Materials.
You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (a) that
You or others may deem offensive, indecent, or objectionable; (b) which may or may not be identified as having explicit language, and (c) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that We and Our affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
13.6. Use of Third Party Content and Services.
You agree that the Third Party Content and Services may contain proprietary information and material that is owned by Us and Our affiliates, partners, suppliers and licensors and is protected by applicable IP Rights and other laws and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that We are not in any way responsible for any such use by You.
14. COMPATIBILITY.
14.1. Compatibility.
We do not warrant that the Websites or the Services will be compatible or interoperable with any piece of hardware, software, equipment or device used by You to access and use the Websites or the Services. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of the Websites and the Services and any such hardware, software, equipment or device to diminish or fail completely, and may result in permanent the damage to such hardware, software, equipment or device, loss of data, and corruption of software and files. You acknowledge and agree that We and Our affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
15. MISCELLANEOUS.
15.1. Governing Law; Sole and Exclusive Venue.
These Terms of Service are governed by, and construed in accordance with, the laws of the State of Georgia. Each party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Service must be brought solely and exclusively in the state and federal courts located in Fulton County, Georgia, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other party.
15.2. Modifications.
We may in our sole discretion, without prior notice to You, revise these Terms of Service at any time. Should these Terms of Service change materially, We will update the Effective Date noted above and post a notice regarding the updated Terms of Service on the Websites. If You do not agree to the terms of the amended Terms of Service, Your sole and exclusive remedy is to discontinue Your use of the Websites and the Services and You will be deemed to have terminated these Terms of Service. Amended Terms of Service will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites after such changes are posted You agree and consent to all such changes.
15.4. Survival.
Sections 1 (General), 3 (Your Representations and Warranties), 4 (Prohibited Uses), 5 (Community Guidelines); 6 (Intellectual Property Rights), 7 (Indemnification), 8 (Limitation of Liability), 9 (Disclaimer of Warranties), 12 (Privacy Policy), and 15 (Miscellaneous), shall survive the expiration or termination of these Terms of Service. In addition, any other provisions of these Terms of Service which by their express language or by their context are intended to survive the expiration or termination of these Terms of Service shall survive such expiration termination.
15.5. Assignment.
You may not assign, transfer, novate or sub-contract any part or parts of these Terms of Service without Our prior written consent.
15.6. Third Party Beneficiaries.
These Terms of Service are between You and Us. These Terms of Service are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.
15.7. Severability.
If any part of these Terms of Service is declared invalid or otherwise unenforceable, it shall be severed from these Terms of Service and shall not affect the validity and/or enforceability of the remaining provisions.
15.8. Waiver.
Any omission or delay of any party to exercise any right under these Terms of Service shall not be taken as a waiver of that right and shall not affect the ability of that party subsequently to exercise that right. All waivers must be signed by the party waiving its rights.
15.9. Entire Agreement.
These Terms of Service constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating
to the subject matter of these Terms of Service.
