AGREEMENT TO TERMS These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and NIL Donor Org. doing business as NIL Donor Org. (“NIL Donor and NIL Hotel”, “we”, “us”, or “our”), concerning your access to and use of the NIL Donor Inc, NIL Athlete, NIL Hotel www.nildonor.com, website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA). The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.USER REPRESENTATIONS By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof). USER REGISTRATION You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. PROHIBITED ACTIVITIES You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
USER-GENERATED CONTRIBUTIONS The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. CONTRIBUTION LICENSE By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channel. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. SOCIAL MEDIA As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. THIRD-PARTY WEBSITE AND CONTENT The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever for such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. SITE MANAGEMENT We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. PRIVACY POLICY We care about data privacy and security. Please review our Privacy Policy: NIL Donor Inc, NIL Athlete, NIL Hotel, www.nildonor.com, www.nildonor.com,
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Singapore. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Site, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore. COPYRIGHT INFRINGEMENTS We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that under applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. TERM AND TERMINATION These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. GOVERNING LAW All matters relating to the Dashboard and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed by the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). DISPUTE RESOLUTION any controversies, disputes, or claims between the Parties that arise out of or relate to this Agreement shall be resolved exclusively by arbitration to be conducted in Cincinnati, Ohio, and administered by the American Arbitration Association (“AAA”). Such arbitration proceedings shall be conducted before a single arbitrator and shall be conducted by the then-current Rules of the American Arbitration Association regarding commercial disputes. If the Parties are unable to agree on the appointment of the arbitrator to resolve the dispute within thirty (30) days from the date when the request for arbitration initially has been communicated to the other Party, such appointment shall be made by the AAA. The arbitrator shall not have the right to award or include any relief, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all Parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction. The Parties waive any right to contest the validity or enforceability of the such award. If a dispute arises out of or relates to this contract or the breach thereof, and if the dispute cannot be settled through negotiation, the Parties agree to first try in good faith for (30) days to settle the dispute by mediation administered by the AAA under its Commercial Mediation Procedures before resorting to arbitration. THE SPONSOR ACKNOWLEDGES THAT BY ENTERING INTO THESE TERMS, THE SPONSOR, GIVERS, AND DONORS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and change or update the information on the Site at any time, without prior notice. DISCLAIMER THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD BEFORE ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties outlined in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. USER DATA We will maintain certain data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. MISCELLANEOUS These Terms of Use and any policies or operating rules posted by us on the Site or concerning the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use fully operate Privacy Policy
March 2023
1. ABOUT US
2. OVERVIEW
3. WHAT TYPES OF INFORMATION DO WE COLLECT?
When you purchase our Platform you are contractually required to provide billing information including your name, address, and details of your chosen payment method for us to be able to process your transaction. Failure to provide this information means we will be unable to provide the requested Service/feature. At your option, you may choose to activate 2-factor authentication for your account through Auth0, a third-party provider of a user authentication service. Auth0’s service is based on providing you with a verification code, which you enter when logging into your Service to confirm your identity. Auth0 sends verification codes by text message to a telephone number that you provide. To facilitate your use of the Auth0 service, we will be required to share with Auth0 your telephone number to link it to your account with us and will therefore ask for your phone number for this purpose. Note that the Auth0 service is not part of the Service, and is subject to separate terms and conditions, including different policies concerning the collection, use, and disclosure of your Personal Data. We do not have control over Auth0. You will need to make your independent judgment regarding your interaction with them. Please note that if you decide to delete your NIL Donor Inc. account, we will delete your phone number from our records, but this will not affect Auth0 concerning the phone number we provided to Auth0 on your behalf. You will need to contact Auth0 directly concerning the management of your Auth0 account, including any deletion requests.
You may send messages on the Platform which may include or reveal Personal Data about you. Generally, we do not moderate or actively review the data which you include in messages sent between users, but this data is available to us and may be monitored for fraud, or where we suspect users of being under the age of 18, or of using our service for solicitation or any other violation of our Terms and Conditions or this notice. You should only include sensitive Personal Data (e.g., about health / sexual preferences) where you are comfortable to voluntarily make this data public and consent to us collecting/processing such data by this Privacy Policy.
You are encouraged to create a pseudonymous profile and are not required to include data in your profile that would allow you to be directly identified. If you want to remain anonymous to the public, please be careful about what you choose to share, especially if you upload photographs or choose a username that could allow you to be easily identified.
Where you have enabled the setting on your mobile device, with your permission, we will also collect your location data to help you identify other Platform members in your area who also have this feature switched on. You may turn off this feature through the location settings on your mobile device. We also collect your IP address which may reveal your general geographic location from your browser access to help us quickly and efficiently respond to inquiries and requests and help us protect against fraud. We also collect Personal Data through the use of cookies and other tracking devices. For more information about how we use cookies and other tracking devices.
Occasionally, we may receive Personal Data about you from third parties, such as from a credit card company or issuer concerning a disputed charge, or from another user of the Services respecting a complaint about your activities while using the Services; however, we do not seek or purchase Personal Data about you from third parties.
4. HOW DO WE USE YOUR INFORMATION?
We use the Personal Data and Non-Personal Data that we collect for the following purposes:to provide you with access to a forum focused on open-minded and discreet relationships, where members can search for and connect with other like-minded individuals. to allow users to find other users’ profiles based on preferences or user location and to allow you to create a profile that will appear on your chosen website(s) and to promote that profile to other users of the Services.
Our users communicate with each other through on-site mail messaging and instant messaging. While we do not, as a rule, moderate or monitor users’ private exchanges, we reserve the right to do so if we suspect users of being under the age of 18 or of using our service for solicitation or any other violation of our Terms and Conditions or Privacy Policy. As set out in further detail in our Terms and Conditions, submissions that appear on the public area of the Platform may be moderated and, if necessary, we reserve the right to edit, delete, remove, or not use any communication on a public area of the Platform. We also use Non-Personal Data. For example, we may collect and analyze aggregated and/or de-identified information to produce statistical data to help us improve our provision of the Services and manage user activity across the Platform. The following only applies to users residing in the EU. We collect your data as a Data Controller when we have a legal basis to do so. The following legal bases pertain to our collection of data:
5. HOW WILL WE SHARE YOUR INFORMATION?
We may provide Personal Data to third parties in the following limited circumstances:We will share your Data with third-party service providers that we have engaged to perform services on our behalf, based on our instructions, such as to our parent, subsidiary, or sister companies, or to advertising agencies, marketing agents, credit card payment processors, data processing and storage companies or organizations which provide administrative and support services to us. We limit our disclosure of your Personal Data to such third parties to that which is reasonably necessary for the purpose or service for which the third-party service provider is engaged. We also use contractual and other means to provide a comparable level of protection while the data is being processed by such third parties, including limiting such providers to using your Personal Data solely to provide us with the specific service for which those providers were engaged, and for no other purpose. You can obtain more information about our policies and practices concerning the use of Personal Data by third-party service providers by contacting privacy@nildonor.org.
to government bodies and law enforcement agencies, under warrant, order, subpoena, or statutory requirement. in connection with any legal proceedings or prospective legal proceedings involving ruby; and to otherwise establish, exercise or defend our legal rights and protect against misuse of our Platform (including providing information to third parties for fraud prevention and reducing credit risk), or to protect the personal safety and property or our users or the public as permitted by law. This means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions.
as required, in connection with the sale, assignment, bankruptcy proceeding, or other transfer of the business or a portion of the business of our Platform, including a corporate merger, consolidation, restructuring, sale of assets, or other corporate change of our direct or indirect parent companies that affects us, as well as the insurance or securitization of our assets. In any such case, the recipient parties will be contractually required to keep the information confidential and use it only for the transaction, or proposed transaction, in question In the event a business transaction is completed, assignees or successors of our business or assets may use and disclose your data, as obtained from ruby only for the purposes set out in this Privacy Policy unless your further consent is obtained. We do not otherwise share, give, rent, or sell your Personal Data to any third parties unless you give us additional consent to do so. You should be aware that some of your Personal Data will be provided to, or otherwise visible to, other users of the Service as part of the normal operation of the Service (as set out in the terms or description of the service). For example, your username, profile information, and any information that you post to the Platform will be available to, and searchable by, other users of the Platform and Services. In the European Union, the lawful basis for this disclosure is voluntarily making the data public. If you are not comfortable making this data public, you can subscribe to our Hide Profile feature, which allows your profile to remain private and un-searchable. Other users of the Services, who may be in any country in the world where our Services are offered, may also receive notifications (on the Services, via email, or through device notifications) that promote your profile, including your nickname and your profile photo. Please note that we cannot prevent the content you post or share on our Platform or Services from being used by other users in a manner that may violate this Privacy Policy, the law, or your privacy, or from being shared or disclosed by other users. We may disclose Non-Personal Data in several circumstances including to third-party advertisers.
6. DATA TRANSFERS
As we have a global business operation, your Personal Data will be transferred to recipients located in jurisdictions outside your jurisdiction of residence, and your profile will be accessible to users all over the world. If you are concerned about this, you can stop using our Services at any time. These recipients include (NIL Office Inc.) and many of our service providers who are based in other countries. As a result, your Personal Data will be used, stored, and/or accessed in countries outside your jurisdiction of residence, including without limitation Canada and China. Some of these jurisdictions do not have an equivalent level of data protection laws as those in your country however we will take steps to ensure that the information receives the same level of protection as if it remained within your home country. In particular, if you are a resident of the European Union, whenever we transfer your data outside of Europe we will either: (a) ensure that the recipient is certified with the Privacy Shield Framework or that the country is deemed adequate by the European Commission; (b) put in place Standard Contractual Clauses or (c) implement appropriate safeguards approved by the European Commission to ensure an adequate level of protection in compliance with applicable data protection laws. You have a right to request details about the appropriate safeguard where this is documented (but it may be redacted to ensure confidentiality).
7. SECURITY
We take the protection of your Personal Data seriously. We implement appropriate measures and take steps to protect Personal Data against loss and theft as well as unauthorized access, disclosure, copying, use, and modification using security safeguards, including physical, organizational, and technological measures, commensurate with the sensitivity of your Personal Data. Employees who have access to your Data are made aware of the importance of keeping it confidential. Where we use service providers who might have access to your Personal Data, we require them to have privacy and security standards that are comparable to ours. We use contracts and other measures with our service providers to maintain the confidentiality and security of your data and to prevent it from being used for any other purpose. Please be aware that no data security measures can guarantee complete security. You should also take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, relying on two-factor authentication and keeping your log-in and password private.
8. HOW LONG DO WE KEEP THE PERSONAL DATA WE COLLECT?
We keep your Data only if it is required for the purposes for which it was collected, or as otherwise permitted by applicable law, after which we delete or de-identify your data, rendering it Non-Personal Data. In general, we retain your Data for a period corresponding to a statute of limitation setting out the period during which legal claims may be filed in court. For example, we’ll retain your Data during the statute of the limitation period, to maintain an accurate record of your dealings with us and, as applicable, assert or defend against a legal claim. We automatically delete data where an account has been inactive (e.g., no messages sent, etc.) for 18 months. As a rule, we will hold purchase information for 6 months past account deletion to ensure that we can deal with any chargeback/payment penalties. However, in some circumstances, we may retain Personal Data for other periods, for instance where we are required to do so by legal, tax, and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
9. CHILDREN
The Platform and Services are not for use by children under the age of 18 years. Accordingly, we do not knowingly collect, store, share, or use the Personal Data of children under 18 years. If you are under the age of 18 years, please do not use this Service or provide any Personal Data, even if the website prompts you.
10. YOUR RIGHTS
You could exercise the following rights:You have the right to withdraw your consent at any time, subject to legal and contractual restrictions. For example, if you wish to opt out of receiving electronic marketing communications, you can change your settings in your account on the website, use the ‘unsubscribe’ link provided in our emails, or otherwise contact us directly and we will stop sending you communications. Note that your withdrawal of such consent may limit your ability to fully use the Services.
You have the right to request access to and obtain a copy of any of your Personal Data that we may hold, to request correction of any inaccurate data relating to you, and to request the deletion of your Personal Data under certain circumstances. Please note that you can hide certain information visible to public users of the Platform at any time by going to the ‘Manage Profile’ or ‘Account Settings’ sections in your account.
Where the Personal Data is processed by automatic means, you have the right to receive all such Personal Data which you have provided us in a structured, commonly used, and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
You have the right to object to our use of your Personal Data (including profiling) for direct marketing purposes, such as when we use your Personal Data to inform you of our promotions. You also have the right to complain to the privacy commissioner with jurisdiction over your place of residence if you consider that the processing of your Personal Data infringes applicable law (although we ask you to try to resolve any complaints with us first). If you would like to exercise any of these rights, please contact us using the contact information provided
11. COOKIES AND OTHER TRACKING
Where we have the necessary permissions and consent by local laws, we use cookies, clear GIFs, third-party analytics, and other tracking mechanisms to track your use of our Platform and Services. As you use our sites or apps, these tracking mechanisms may automatically collect information such as your IP address, browser type, and operating system; web pages you view; links you click; how you move through the Services and the length of time you use the Services or features or pages of the Services; and the referring URL, or the webpage that led you to our Platform. We may combine this information with other Personal Data we collect about you for statistical purposes, for measuring the effectiveness of advertising, for fraud detection and to assist our customer service representatives in responding to your inquiries. Provided we have obtained the necessary permissions and consents by local laws, we use these tools only to provide you with a more personalized user experience, to better understand your needs and preferences, to provide you with content (including advertising) that is most relevant to you and to monitor trends respecting the usage of our site and apps. Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies or opting out of ad networks as described further in this section). Cookies. Cookies are small text files that are placed on your computer’s hard drive, through your web browser, for record-keeping purposes. We might use cookies to uniquely identify your browser/device/IP address, to help us to process your transactions and requests, to track aggregate and statistical information about user activity, and to display advertising both on our Platform and third-party sites. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies some features of our Platform may not function. Further information may be found at www.allaboutcookies.org. Clear GIFs. Clear GIFs (a.k.a. web beacons, web bugs, or pixel tags) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, though, clear GIFs are embedded invisibly on web pages, not stored on your hard drive. These “images” are automatically loaded to your browser/device when you visit our website or open an HTML format email message from us, thereby letting us know if a certain page was visited or an email message was opened. Clear GIFs allow us to record simple user actions related to our websites and to email communications received from us, to help us determine the usage and effectiveness of our site and communications. We might use clear GIFs to track the activities of our visitors and app users, help us manage content, and compile statistics about usage. We and our third-party service providers also might use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded. These can be blocked either by using a third-party application such as Ghostery (https://www.ghostery.com)(https://www.ghostery.com), or, in the case of emails, by changing your settings to prevent images from being downloaded (where your email client supports this functionality). Third-Party Analytics. We also use automated devices and applications, such as Google Analytics (https://support.google.com/analytics/answer/6004245) (to opt out, go here (https://tools.google.com/dlpage/gaoptout) ), and AppsFlyer (to opt out, go here (https://www.appsflyer.com/privacy-policy/) to evaluate usage of our Platform and the Services we provide. We use these tools to obtain aggregated statistical information about the use of our Services to help us improve our services, performance, and user experiences. These analytics providers may use cookies and other technologies to perform their services and may combine the information that they collect about you on our Platform with other information that they have collected about you from your use of other sites. This Privacy Policy does not cover the collection, use, and disclosure of the tracking data collected by third-party analytics providers: for further information please see the relevant party’s privacy policy. For a list of additional third-party analytics providers, we may be using from time to time. Third-Party Ad Networks. We may use third parties such as network advertisers to serve advertisements on our Platform and third-party websites or other media and to evaluate the success of our advertising campaigns. This enables us and these third parties to target your browser with advertisements for products and services in which you might be interested, based on inferences made from browser activity. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. In some situations, we may provide these third-party advertisers with limited information about users (e.g., IP address and basic demographic information solely to reconcile payments for third-party advertising), but we do not disclose details such as your name or contact information. You may be able to avoid targeted ads by certain ad networks by blocking cookies (see your browser’s “Help” menu for information on how to do this); however, our Platform may not work if you block or disable cookies. For a list of network advertisers, we may use. For participating ad networks and providers of interest-based advertising, you may opt out of receiving online behavioral advertising by clicking on the AdChoices icon located in the top right-hand corner of any of our websites or the ads placed on our sites, reCAPTCHA. We use the reCAPTCHA service provided by Google Inc. (Google) to protect your submissions via internet submission forms on this site. This plugin checks if you are a person to prevent certain website functions from being abused by spam bots. This plugin query includes the sending of the IP address and possibly other data required by Google for the Google reCAPTCHA service. For this purpose, your input will be communicated to and used by Google. However, your IP address is previously truncated by Google within member states of the EU or in other states which are party to the agreement on the European Economic Area and is, as such, anonymized. Only in exceptional cases is a full IP address transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address provided by reCAPTCHA from your browser shall not be merged with any other data from Google. This data collection is subject to the data protection regulations of Google. For more information about Google’s privacy policy, please visit https:www.google.com/intl/en/policies/privacy/. By using the reCAPTCHA service, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Third-Party Links. Our Services may contain links to third-party websites. When you leave our websites and use the third-party website, that third-party website may collect your IP address and other Personal Data, by its privacy policy. Any access to and use of such linked websites, and any Personal Data collected in connection therewith, is not governed by this Privacy Policy, but rather by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
12. DIRECT MARKETING
Where we have necessary permissions and consents by local laws, (a) we will send you marketing information about our Platform and our Services, and about other products and services we offer where we legitimately believe this may be of interest to you, and (b) this content will be personalized. Where you have specifically requested marketing information from the partners that we work with or have expressly indicated that you would like to receive details from other ruby Corp. group entities we will also send promotional offers. Depending on your marketing preferences, marketing may be carried out by email, push notifications, or other electronic channels (see our Cookie Notice in Annex A for further details). If you change your mind, you can always choose to unsubscribe from receiving these marketing communications. You can do this by clicking the “unsubscribe” link on any of our emails, via the “Manage Profile” feature of the Platform.
13. PROFILING
We use the Personal Data that you provide in your user profile combined with certain algorithms and machine-based learning to improve our Platform search function and to present profiles to you which are more likely to be of interest – based on the demographic data of individuals with whom you interact to present more profiles of other similar users that you appear to be interested in. You can elect to change your preferences at any time on your profiling. This does not amount to “automated decision making” which would significantly impact you.
14. ACCESS AND UPDATES
You could (i) opt out of certain communications, (ii) modify/update Personal Data you have provided to us, and (iii) hide certain information visible to public users of the Platform at any time by going to the ‘Manage Profile’ or ‘Account Settings’ sections on your profile. Please be aware that it may take several hours for any custom changes you make to take effect on the public areas of the system. Please also note that changing or deleting your information through the ‘Manage Profile’ or ‘Account Settings’ section of the system, or opting out of email notifications from us, will only change or delete the data in our database for future activities and communications.
15. CONTACT US
it, unless we have your consent or as otherwise required by law) where: You have the right to restrict our processing of your Personal Data (meaning we could only storeright to access Personal Data we hold about you and to address any concerns you may have over our policies and practices. In addition, you have the right to obtain information regarding our policies and practices as they relate to the collection, use, and disclosure of Personal Data, including concerning the transfer and storage of your information outside your home jurisdiction, and to request updates to, or correction of, your data. For any such requests, or any questions related to our privacy practices or any of the terms or conditions of this Privacy Policy, or if you wish to complain to us in writing about how we have handled your Personal Data. All other inquiries, which do not relate to privacy issues or concerns, should be sent using our section. We aim to resolve all complaints promptly. For residents of the European Union, if you are not satisfied with any resolutions proposed, or if you have concerns with the processing of data, you may contact your local data protection authority, a list of which is found here.
16. IMPORTANT ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
This section provides information for California residents. Under California privacy laws, including the California Consumer Privacy Act (“CCPA”), we provide California residents information about how we collect and process their Personal Information. Categories of Personal Information that We Collect, Disclose and Sell At ruby, we only collect and process the same Personal Data of California residents, as we collect from our users throughout the world to allow you to use our Services. This information is outlined in Sections 2-5 of this Privacy Policy. For a California-specific explanation of the categories of Personal Data we collect and how we use that Personal Data, please refer below to find the categories Personal Data. Personal Information of California Residents Categories Collected, Processed, Shared with Third PartiesIf you would like to exercise any of these rights, please contact us using the contact information provided in Section 15. California Residents’ Rights California law grants California residents certain rights and imposes restrictions on business practices as set forth below. Do-Not-Sell. We do not sell your Personal Data. Verifiable Requests for Copy, Deletion, and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months: Right of Deletion: California residents have the right to request deletion of the Data that we have collected about them, subject to certain exemptions, and to have such Personal Data deleted, except where necessary for specific purposes exempt under the law. Right to a Copy: California residents have the right to request a copy of the specific pieces of Personal Data that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, a readily useable format that allows the individual to transmit this information to another entity without hindrance. Right to Know: California residents have the right to request that we provide them with certain information about how we have handled their personal information in the prior 12 months, including the:
Submitting Requests. Requests to exercise the right of deletion, right to a copy, and/or the right to know may be submitted by creating a customer ticket We will respond to verifiable requests received from California consumers as required by law. Incentives and Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information. Discrimination: We respect your privacy rights. We do not discriminate against residents who exercise their rights under CCPA. California Privacy Rights under California’s Shine-the-Light Law Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain Personal Data are entitled to request and obtain from us, free of charge, information about the Personal Data (if any) we have shared with third parties for their direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. California residents who would like to make such a request may submit a request in writing (see Section 15 “Contact Us” for ways to reach us).
| Categories of personal information | Do we collect? | Do we disclose for business purposes? | Do we shell? | Sold or Disclosed for a business or commercial purpose in the prior 12 months? |
|
NAME, CONTACT INFORMATION AND IDENTIFIERS: Identifiers such as name, nickname, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, username, passwords. |
YES | YES | NO |
We may disclose this information to our payment processors for the following business purposes: ● To prevent credit card fraud ● To respond to chargeback claims ● To process customer refund inquires We may use one’s IP address for fraud detection and data security |
|
CUSTOMER RECORDS: Paper and electronic customer records containing personal information, such as name, physical characteristics or description, address identifier, Internet Protocol (IP) address, email telephone number, bank account number, credit card number. |
YES | YES | NO |
We may disclose this information to our payment processors for the following business purposes: ● To prevent credit card fraud ● To respond to chargeback claims ● To process customer refund inquires |
|
PROTECTED CLASSIFICATIONS: Characteristics of protected classifications under California or federal law such as Race, sex, age. |
YES | YES | NO |
|
|
PURCHASE HISTORY AND TENDENCIES: Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
NO | YES | NO |
|
| BIOMETRIC INFORMATION: | NO | NO | NO | NO |
|
USAGE DATA: Internet or other electronic network activity information such as usage of services, and information regarding a resident’s interaction with an internet website, application, or advertisement. |
YES | YES | NO |
|
| GEOLOCATION DATA: City of residence. | YES | NO | NO | NO |
| AUDIO/VISUAL: Audio, electronic, visual, thermal, olfactory, or similar information. |
NO | NO | NO | NO |
| EMPLOYMENT HISTORY: Professional or employment-related information. | NO | NO | NO | NO |
| EDUCATION INFORMATION: Not collected. | NO | NO | NO | NO |
|
PROFILES AND INFERENCES: Inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
YES | NO | NO |
No, but information you include in your profile will be visible to other users of the applicable site (as contemplated in this Privacy Policy). |
If you would like to exercise any of these rights, please contact us using the contact information provided in Section 15. California Residents’ Rights California law grants California residents certain rights and imposes restrictions on business practices as set forth below. Do-Not-Sell. We do not sell your Personal Data. Verifiable Requests for Copy, Deletion, and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months: Right of Deletion: California residents have the right to request deletion of the Data that we have collected about them, subject to certain exemptions, and to have such Personal Data deleted, except where necessary for specific purposes exempt under the law. Right to a Copy: California residents have the right to request a copy of the specific pieces of Personal Data that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, a readily useable format that allows the individual to transmit this information to another entity without hindrance. Right to Know: California residents have the right to request that we provide them with certain information about how we have handled their personal information in the prior 12 months, including the:
Submitting Requests. Requests to exercise the right of deletion, right to a copy, and/or the right to know may be submitted by creating a customer ticket We will respond to verifiable requests received from California consumers as required by law. Incentives and Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information. Discrimination: We respect your privacy rights. We do not discriminate against residents who exercise their rights under CCPA. California Privacy Rights under California’s Shine-the-Light Law Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain Personal Data are entitled to request and obtain from us, free of charge, information about the Personal Data (if any) we have shared with third parties for their direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. California residents who would like to make such a request may submit a request in writing (see Section 15 “Contact Us” for ways to reach us).
permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us because of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. CONTENT AND USE RESTRICTIONS You may download videos that you created through the Services and use them in the following ways: – Use them online – Use as a background video on a website or social page cover – You may Assign or resell your rights to use the videos to someone else (in which case your rights to use the videos expire and the recipient obtains those rights). You may not, by yourself or through others, use videos that have been created through the Services in any of the following ways: Use the videos on television or cinema; – Edit, manipulate, add, remove, or otherwise change in any way whatsoever a video that you’ve downloaded from the Services (including, but not limited to, the images, music, or texts in the video); – Extract content from the video to use or distribute it separately. – Provide or sub-license the video, or any component or portion thereof (including, but not limited to, the images, music, or texts in it), for others to use or reuse (including, but not limited to reuse as stock, archive, or library footage); – Combine the video with another audiovisual piece. – Create, download, or use the video as “raw footage” that does not contain text captions and a music track, or use or resell the produced video as stock content in any way or form, online or elsewhere. – Create, download, and use “raw music”, that is, use a music track without the accompanying video footage that includes both text captions and the music track. You are not allowed to use musical elements that we provide on the Services to create episodic series productions or themes, namely television programming or motion picture cinematographic movies. You are not allowed to use images or graphical elements we provide in the videos created in any of the following manners: – Portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, an elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities; – As a trademark, service mark, or logo; – Implying endorsement of, or affiliation with, your product by people, brands, or logos on the image.
