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This Terms of Use Agreement ("Agreement") is a legally binding contract between [Business Name] ("Company" or "We") and the user ("User" or "You") of the [Website/Online Platform] ("Service"). By accessing or using the Service, You agree to be bound by this Agreement, including any additional terms and conditions and policies referenced herein.
By accessing or using the Service, You represent and warrant that You are at least 18 years of age and have the legal capacity to enter into this Agreement. If You are accessing or using the Service on behalf of an organization, You represent and warrant that You have the authority to bind that organization to this Agreement.
All content available on the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of the Company or its licensors, and is protected by United States and international copyright laws. The compilation of all content on the Service is the exclusive property of the Company and protected by United States and international copyright laws. Any use, reproduction, modification, distribution, or republication of the content on the Service is strictly prohibited without the prior written consent of the Company.
You retain ownership of any content, including text, images, videos, or other materials, that You submit, post, or transmit through the Service ("User Content"). By submitting, posting, or transmitting User Content through the Service, You grant the Company a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, distribute, and display such User Content for the purposes of providing and promoting the Service. You represent and warrant that You have all rights necessary to grant the foregoing license and that Your User Content does not infringe or violate any third-party rights.
You agree not to engage in any of the following prohibited conduct:
THE SERVICE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles. Any action or proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in [Jurisdiction], and You hereby consent to the personal jurisdiction and venue of such courts.
The Company reserves the right to modify, amend, or change this Agreement at any time and at its sole discretion. Any modifications to this Agreement will be effective immediately upon posting. Your continued access or use of the Service after the posting of any modifications constitutes Your acceptance of such modifications.
This Agreement constitutes the entire agreement between You and the Company with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, or representations.
By using the Service, You acknowledge that You have read, understood, and agree to be bound by this Agreement. If You do not agree to this Agreement, You may not access or use the Service.