CELLWARE TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
This Terms Of Service agreement (this "TOS") is between YOU and MyMojo, LLC ("MyMojo"), with offices located at 4020 Thor Dr., Boynton Beach, FL 33426. Your use of this web site (the "MyMojo Web Site") and any other Web sites made available by MyMojo on which this TOS is posted (collectively, the "Sites"), and any services of any kind whatsoever offered or made available thereon or described herein (the "Services"), signifies your agreement to this TOS set forth below. BY USING THE SITES AND/OR THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS. MyMojo provides its Services to you subject to the following TOS, which may be updated or modified by us from time to time without notice to you. You can review the most current version of the TOS at any time by viewing the TOS page within the MyMojo Web Site.
2. DESCRIPTION OF SERVICE
ALTHOUGH MYMOJO'S SERVICES ARE FREE, OUR ADVERTISERS' SERVICES MAY NOT BE.
Cellware and MyMojo provide a number of mobile content and internet community based services through the MyMojo Web Site. One such service enables users to create customized ringtones, wallpapers, videos, games and other applications (collectively, "Content"). MyMojo users may create, edit, download and share individual Content. MyMojo may offer a number of other Services on the Sites, such as blogs, forums, messaging and contests which may change from time to time.
You understand and agree that the Services may include advertisements and that these advertisements are necessary for MyMojo to provide the Services. You understand and agree that the Sites include these advertisements and that these communications are considered part of MyMojo membership. You further understand and agree that the Services may include certain communications from MyMojo or other third parties, such as advertisements, service announcements and administrative messages, and that these communications are considered part of the MyMojo membership and you will not be able to opt out of receiving them unless you specifically request to opt out. Click here to opt out.
Unless explicitly stated otherwise, any new features that enhance the current Services, including the release of new MyMojo properties, shall be subject to this TOS. You understand and agree that the Services are provided AS-IS and that MyMojo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as mobile phone service carrier fees, internet service provider fees or airtime charges). You are responsible for those fees and any changes or increases in those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Sites, via web links from the Sites or through the Services or those advertised via an email from MyMojo, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyMojo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with advertisers. These dealings with advertisers may result in you paying fees for the services that they provide.
4. USER LICENSE
Subject to this TOS, MyMojo grants you a non-exclusive, non-transferable, limited right to access, view, use and display the Sites, the Services and the materials thereon on your computer, mobile phone, or other internet compatible or mobile device, provided that you comply fully with this TOS.
5. OWNERSHIP RESTRICTIONS
Cellware and MyMojo own, solely and exclusively, all rights, title and interest in and to the Sites and Services. That includes the rights to all material and content thereon (other than that which users may submit to us), including without limitation audio, video, games, applications, text, code and data. In addition, MyMojo owns in the same manner all rights to the feel, look, design and organization of the Sites and the Services. MyMojo rights include but are not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. You agree to abide by all restrictions displayed on the Sites and in connection with the Services. Your use of the Sites or Services does not grant to you ownership of any Content you may access or use.
6. DISTRIBUTION AND PROMOTION OF USER CONTENT
Cellware Users grant MyMojo, its affiliate, retailers, licensor, employees, and/or partners the non-exclusive right to:
(a) Distribute by digital transmission your content as “singles”, “albums”, or other “bundles”, on-demand streams,“conditional downloads”, or other configurations used in the online music business to end users.
(b) Edit and publicly perform, meaning to playback or otherwise make available in a publicly available way, portions of your content (clips that we may create) by streaming for the primary purpose of promoting your content and marketing our services to potentially new members.
(c) Reproduce and publicly perform any composition derived from your content (including any and all “server” or “ephemeral” copies), it being understood and agreed that we will not be obligated to account and pay mechanical royalties to you, all such sums being included in the wholesale price set by you.
(d) Use your content, artwork, and metadata
(e) Use and publish, and to permit others to use and publish, the name(s), trademarks, approved likenesses and approved biographical materials of you and all persons rendering services in connection with your content, in connection with our or our designees use of your content and artwork, as well as in connection with us and our services.
7. FINANCIAL TERMS AND RULES
MyMojo accounting will provide (in reasonable detail) an itemization of your content, a count of the number of downloads, a count of the number of new sign-up referrals, and the eligible redemption value.
MyMojo will only make payments to artists, who elect to redeem their earnings for cash, through PayPal
As an artist, if you do not have a PayPal account, you will be required to establish one to qualify for redemption. Payouts are limited to US and Canadian residents. Additionally, MyMojo limits redemptions to one per physical address.
Any person or persons found to be in violation of these financial terms and rules will have their accounts deleted.
As indicated in Section 1 of this TOS, you hereby agree that the Services offered by MyMojo are pursuant to any posted guidelines or rules. You hereby further agree that MyMojo has the sole and absolute discretion to determine the value of new sign-up referrals and content downloads. The amount payable for new sign-up referrals and content downloads is subject to change without further notice.
8. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself when you submit such information to MyMojo (b) maintain and promptly update such information to keep it true, accurate, current and complete and (c) agree that you have all rights necessary to give us your content, artwork, and associated metadata all at your sole cost and expense. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyMojo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyMojo has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You will be responsible for and will pay (a) any sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses (b) all sums payable in connection with the compositions derived from sales or other uses (c) for any rights, consents, or royalties payable to third-parties in connection with the delivery, encoding, transcoding, encrypting, use and/or distribution of content (d) all payments that may be required under any collective bargaining agreements applicable to you or any third party, and (e) any other monies payable with respect to uses of your content.
Additionally, you agree that you will not attempt to, challenge the Registration of any content that you do not own and control.
(a) You represent and warrant that you have the full authority to act on behalf of any and all owners of any right, title or interest in and to your Content or Artwork; and that you own or control all rights necessary in order to grant to us the rights and promises you grant to us under this TOS, that the exercise of such rights, licenses and permissions by us and our Retailers and licensees will not violate or infringe the rights of any third party.
(b) Each party represents and warrants that it has full authority to enter into and fully perform its obligations under this TOS and has obtained all necessary third-party consents, licenses and permissions necessary to do so; and neither party will not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this TOS; and that each party represents and warrants that it will perform their obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select a user name and password when you sign up for the Services. You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under your user name and password. You agree to: (a) immediately notify MyMojo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyMojo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
10. ELIGIBILITY
MyMojo will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are between the ages of 13 and 18 you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for children under the age of 13.
11. TERMINATION OR CANCELLATION OF ACCOUNT
If you cancel your account for any reason, or if your account is terminated due to the termination or lapse of your wireless service or because of your breach of contract, MyMojo will not refund any of your fees paid to date. To cancel your subscription or your account, email us at support@MyMojo.com.
With respect to your membership, if your membership is cancelled, expired or terminated for whatever reason, and you still have outstanding Earnings (as more fully described in the "How to Earn" section of the MyMojo Web Site, http://indie.mymojo.com/profile/earnings/) which have not yet been paid out, you may only be able to retrieve such final payout by using PayPal (through the PayPal account you already will have established as part of your membership). Otherwise, you may forfeit such final payout. Upon cancellation, expiration or termination of your membership, any outstanding earnings in your account, which have not at that time been specifically applied towards purchases, will no longer be accessible to or usable by you for any purpose.
Also, in the event of a termination of your membership, MyMojo may, in its sole discretion: (i) delete any of your created content, and MyMojo will have no liability to you or any third party for doing so and (ii) not allow you to access your profile, create, market or sell any content.
12. BILLING DISPUTES & REFUNDS
If you have a complaint or dispute about a purchase or payment, you must notify MyMojo's customer service (and not your wireless carrier) of such complaint or dispute. MyMojo may issue refunds for certain corrupt or defective content. However, if you repeatedly request refunds or credits, which in our sole discretion are illegitimate or unwarranted, your use of the Services may be subject to suspension or termination, without further notice to you.
You must notify MyMojo's customer service about any billing problems or discrepancies within ninety (90) days after they first appear on your account statement. If you do not bring them to MyMojo's attention within such ninety (90) days, you agree that you waive your right to dispute such problems or discrepancies.
13. REVENUE POOL RULES AND CASH REDEMPTION REQUIREMENTS
You shall be eligible to receive, on a monthly basis, a percentage of the advertising revenue received by Cellware, as a result of the advertisements site users are exposed to and/or participate in. The disbursement for this revenue shall be determined by the download activity of your content. The details are as follows:
A. A 15% operating expense and/or service fee shall be deducted from all advertising revenues and paid to Cellware.
B. If Cellware, or one of its affiliates, markets your content, additional fees shall be deducted from your share of the advertising revenue to cover marketing costs associated with, but not limited to, pay-per-click campaigns, search engine optimization, email marketing, site-targeted placements, creation of all custom banners, landing pages.etc. Upon the artist.s request, Cellware shall provide you with an itemization of marketing charges associated with the marketing campaign for your media
C. In the case where you market the media and refer the online traffic, no additional marketing fees will be deducted. The remaining monies (or 85% of the total revenue) shall be split 50%/ 50% between all artists enrolled in the Cellware program and Cellware. All of the artist advertising revenue will be pooled. You, along with all other Cellware artists, will receive their proportionate share of the artist revenue pool based upon the download activity of their content in relation to the total number of downloads of all artists' content.
D. You, and all other artists, can increase their site activity score by driving new fans to their Cellware pages and encouraging these fans to download their content.
Revenue share fee disbursements will be issued on the 15th of the month following receipt of advertising revenues. Disbursements will only be issued once you have earned a minimum of $25. Earnings of less than $25 will be applied to the next month.s earnings, until the $25 minimum has been reached.
14. MEMBER CONDUCT
You understand that except for advertising programs offered by us on the Sites, the Services and the Sites are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You agree that you must evaluate, and bear all risks associated with, the use of the Services, including any reliance on the accuracy, completeness, or usefulness of the Services. In this regard, you acknowledge that you may not rely on any material and/or Content created or provided by the Services. You acknowledge, consent and agree that MyMojo may access, preserve and disclose your account information in its sole discretion subject to its Privacy Policy.
You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MyMojo and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided as a part of the Services, in whole or in part, is strictly prohibited.
You agree to not:
(a) harvest or collect email addresses or other contact information of other users from the Services or the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(b) use the Services or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites;
(c) use automated scripts to collect information from or otherwise interact with the Services or the Sites;
(d) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(e) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(g) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(i) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(j) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) intimidate or harass another;
(l) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(m) use or attempt to use another's account, service or system without authorization from MyMojo, or create a false identity on the Sites or in your use of the Services.
(n) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose Company or its users to any harm or liability of any type;
(o) interfere with or disrupt the Services, servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(p) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(q) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; Stalk or otherwise harass another; and
(r) install or run viruses, cookies, worms, logic bombs, Trojan horses, or similar malicious instructions, techniques, or devices; and /or collect or store personal data about other users.
15. EXPLICIT CONTENT
Albums, tracks, or singles with explicit lyrics are permitted on MyMojo Indie and MyMojo. Videos and images of an obscene or offensive nature are not permitted on MyMojo or MyMojo Indie. Any and all explicit lyrics that you upload must be marked explicit and rated with an “R� or “X�. Although rating your content is voluntary, if it is later discovered that your album, single, or track has explicit lyrics and you failed to indicate this, both MyMojo and MyMojo Indie reserve the right to remove it at any time.
16. MYMOJO MOBILE SERVICES
The Services include certain services that are available via your mobile phone, including (i) the ability to upload content to MyMojo via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to MyMojo messages, and to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse MyMojo from your mobile phone (Mobile Web), and (iv) the ability to access certain MyMojo features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). Your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding MyMojo and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
17. INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD MyMojo AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES, YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
18. NO REDISTRIBUTION OR REPRODUCTION OF CONTENT THAT IS NOT SELF-GENERATED
The Sites and the Services are for your personal, internal and noncommercial use only (except where specifically and expressly permitted and/or stated). You may not download, copy, distribute, display, reproduce, create derivative works from, transmit, sell or publish material or content that is not self generated without the express written permission of MyMojo or the applicable rights holder. You may view and download single copies of Content only for your personal, non-commercial use only, provided that you maintain all copyright and other notices in compliance with the MyMojo TOS. MyMojo will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
19. GENERAL PRACTICES
Cellware You acknowledge that MyMojo may establish general practices and limits concerning use of the Services. You acknowledge that MyMojo reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that MyMojo reserves the right to modify these general practices and limits from time to time.
20. MODIFICATIONS TO SERVICES
MyMojo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MyMojo shall not be liable to you or to any third party for any such modification or discontinuance of the Services.
21. TERMINATION
You agree that MyMojo may, under certain circumstances and without prior notice, immediately terminate your MyMojo account, any associated email address, and access to the Serviced. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Serviced (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity and/or (g) engagement by you in fraudulent or illegal activities. Termination of your MyMojo account includes removal of access to all offerings within the Serviced and barring of further use of the Services. Further, you agree that all terminations for cause shall be made in MyMojo's sole discretion and that MyMojo shall not be liable to you or any third party for any termination of your account or access to the Services.
22. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyMojo has no control over such sites and resources, you acknowledge and agree that MyMojo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MyMojo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, products or other materials available on or through any such site or resource.
23. MyMojo's PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Serviced (collectively, "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyMojo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
MyMojo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by MyMojo for use in accessing the Services.
24. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. MyMojo and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, making no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
25. LIMITATON OF LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyMojo AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MyMojo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
26. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 22 and 23 may not apply to you.
27. NOTICE
Cellware and MyMojo may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Services.
28. TRADEMARK INFORMATION
Cellware and MyMojo trademarks and service marks and other MyMojo logos and product and service names are trademarks of MyMojo (the "MyMojo Marks"). Without MyMojo's prior permission, you agree not to display or use in any manner the MyMojo Marks.
29. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and MyMojo and governs your use of the Services, superseding any prior agreements between you and MyMojo with respect to the Services. You also may be subject to additional TOS that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and MyMojo shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and MyMojo agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.
Waiver of Severability of Terms. The failure of MyMojo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
To the extent permitted by applicable law, the rights and remedies of the parties provided under this TOS are cumulative and are in addition to any other rights and remedies of the parties at law or equity.
This TOS is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or will confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this TOS.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
