WEBSITE TERMS & CONDITIONS

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION  AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE  AGREEING. 

 

I AM APPS LLC (hereinafter “BEAR Witness Collection”, “we” or “us”) and our  website at https://www.will.i.am (including all content under the “will.i.am” domain  name, and referred to herein as the “Website”). Please read these Terms &  Conditions (“Terms” or “Agreement”) carefully before using the Website. We  provide this Website and the associated data, information, tools, software,  updates, and similar materials or services (altogether, the “Services”), subject to  your agreement to and compliance with these Terms. The BEAR Witness  Collection products, mobile applications, and related services that we sell on the  Website are referred to herein as the “Products.” 

Your access to and use of the Website is conditioned upon your acceptance of  and compliance with these Terms. These Terms apply to all visitors, users, and  others who wish to access or use the Website. By accessing or using the  Website, you agree to be bound by these Terms. If you do not agree and  consent to these Terms, please do not use the Website or the Services. If you  are accepting this Agreement on behalf of a legal entity other than yourself as an  individual, including a business or a government, you represent and warrant that  you have full legal authority to bind that entity to this Agreement. 

 

INCORPORATED TERMS 

The following additional terms are incorporated into this Agreement as if fully set  forth herein: 

Privacy Policy 

Copyright Policy 

Complaint Policy 

 

1. IMPORTANT NOTICES

A. By using or visiting the Website, you represent that you have read,  understand, and agree to this Agreement, including our Privacy Policy published  at: https://www.will.i.am/privacy (“Privacy Policy”) and incorporated herein by reference. This Agreement and Privacy Policy are subject to the provisions of  various local laws, the European Union (“EU”) General Data Protection  Regulation (“GDPR”), and other applicable privacy laws. BEAR Witness  Collection agrees that under the GDPR and similar constructs, BEAR Witness  Collection is a data “Controller” and you are a “Data Subject” with certain  protected privacy rights concerning your “Personal Data,” and BEAR Witness  Collection will take commercially reasonable steps to maintain compliance with  GDPR and similar requirements.

B. We reserve the right to change, modify, add to, or otherwise alter this  Agreement at any time, or to change or discontinue any aspect or feature of the  Website, Services, or Products without notice to you. These changes,  modifications, additions, or deletions shall be effective immediately upon their  posting on the Website. You agree to review this Agreement periodically to be  aware of those revisions. Your use of the Website or Services after we post  changes, modifications, additions, or deletions constitutes your acceptance of  those changes, modifications, additions, or deletions. Please consult the date  posted with any Agreement or Policy posted on our site to see the date of last  change. Notwithstanding the foregoing, we will notify you via email regarding  significant changes in the Privacy Policy, if you have provided your email  address to us.

 

2. LICENSE 

A. As long as you are in compliance with this Agreement (and all incorporated  documents) and have paid any applicable Fees (as defined below), we hereby  grant to you during the Term (as defined below) a limited, revocable, non assignable, non-transferrable, non-sublicensable, non-exclusive license to use  the Website, and to access and receive the Services thereon that are intended  for public display or access. Any rights not explicitly granted in this Agreement  are strictly withheld and reserved by us. 

B.You agree that: 

(i) Except in your normal use of the Website, you will not copy or distribute any  part of the Website or Services in any medium without our prior written  authorization; 

(ii) You will not alter or modify any part of the Website or Services other than as  is necessary to use the Website or Services for their intended purposes; and 

(iii) You will otherwise comply with this Agreement.

 

3.RESTRICTIONS 

A. You agree that you will not violate any applicable law or regulation in  connection with your use of the Website or Services.

B. You agree that you will not distribute, upload, make available, or otherwise  publish through the Website or Services any suggestions, information, ideas,  comments, causes, promotions, documents, questions, notes, plans, drawings,  proposals, or similar materials (“Submissions”) or graphics, text, information,  links, profiles, personal information, name, likeness, audio, photos, software,  music, sounds, video, comments, messages or tags, or similar materials  (“Content”) that: 

are unlawful or encourage another to engage in anything unlawful; 

contain a virus or any other similar programs or software that may damage the  operation of our or another’s computer; 

violate the rights of any party or infringe upon any patent, trademark, trade  secret, copyright, right of privacy or publicity, or other intellectual property right of  any party; 

are false, inaccurate, fraudulent, or misleading; or 

are libelous, defamatory, obscene, inappropriate, invasive of privacy or publicity  rights, abusing, harassing, threatening, or bullying. 

You further agree that you will not do any of the following: 

modify, adapt, translate, copy, reverse engineer, decompile, or disassemble  any portion of the Website or Services; 

interfere with or disrupt the operation of the Website or Services, including  restricting or inhibiting any other person from using the Website or Services by  means of hacking or defacing; 

transmit to or make available in connection with the Website or Services any  denial of service attack, virus, worm, Trojan horse, or other harmful code or  activity; 

attempt to probe, scan, or test the vulnerability of a system or network of the  Website or Services or to breach security or authentication measures without  proper authorization;

take any action that imposes, or may impose, in our sole discretion, an  unreasonable or disproportionately large load on our infrastructure; 

harvest or collect the email address or other contact information of other users  of the Website or Services; 

scrape or collect content from the Website or Services via automated or large  group means; 

submit, post, or make available false, incomplete, or misleading information to  the Website or Services, or otherwise provide information to us; 

register for more than one user account; or, 

impersonate any other person or business.

C. In addition, although we reserve the right to review, remove, or edit any  Submissions or Content, we may not routinely screen, monitor, or review  Submissions and Content on the Website or Services, including representation  made by users of the Website and Service. YOU AGREE THAT WE SHALL  NOT BE RESPONSIBLE FOR ANY INFORMATION. YOUR RELIANCE ON  ANY THIS INFORMATION IS AT YOUR OWN RISK.

D. You agree that you are not licensed to access any portion of the Website or  Services that is not public or made accessible for registered users, and you may  not attempt to override any security measures in place on the Website or  Services.

E. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate  your access to the Website or Service shall not be limited to violations of this  Restrictions section.

 

4. ELIGIBILITY

A. Some parts or all of the Website or Services may not be available to the  general public, and we may impose eligibility rules from time to time. We reserve  the right to amend these eligibility requirements at any time. You are not eligible  to use the Website or Services if doing so would violate any U.S. law or  regulation, including but not limited to export controls or restrictions. 

B. You must be over the age of 18 to register an account on the Website or use  the Services. By registering an account or by using the Services, you represent  that you meet this minimum age requirement. In any case, you affirm that you  are over the age of 16, as the Website and the Services are not intended for use by children under 16. If you are under 16 years of age, then please do not use  the Website without the consent of your parent or guardian. Pursuant to 47  U.S.C. Section 230(d), as amended, we hereby notify you that parental control  protections (such as computer hardware, software, or filtering services) are  commercially available that may assist you in limiting access to material that is  harmful to minors. More information on the availability of that software can be  found through publicly available sources. You may wish to contact your Internet  service provider for more information. 

 

5. FEES, TRANSACTIONS, AND PAYMENTS

A. As more fully described on the Website, access to certain features of the  Website or Services may require your payment of fees (“Fees”).

B. If you wish to purchase Products through the Website (each a “Transaction”),  you may be asked to supply certain information relevant to your Transaction,  including without limitation your credit card number, your credit card verification  or other security code, the expiration date of your credit card, and your physical  address. We will treat any information provided through the Website in  accordance with this Agreement and the Privacy Policy. Verification of  information may be required prior to the acknowledgment or completion of any  Transaction. You represent and warrant that you have the legal right to use any  credit card(s) or other payment means used for purposes of any Transaction.  Note that Product purchases are also subject to our separate Terms of Sale  document that governs your purchase and use of the Products.

C. You may be required to register your personal or financial information with us  in order to use certain areas of the Website or the Services, for example, to  access or provide Content or to initiate Transactions. In doing so, you agree that  you will provide accurate and complete information. We may refuse to process  your information or requested Transactions if we believe that you may be: impersonating another person; violating the intellectual property or other rights of any entity; posting content that is offensive; or providing information that we otherwise reject for any or no reason in our sole  discretion.

We may use a third-party payment processor (the “Payment Processor”) to  charge Fees to you through your registered account for use of the Services. The 

processing of payments will be subject to the terms, conditions, and privacy  policies of the Payment Processor in addition to this Agreement. We are not  responsible for errors made by the Payment Processor. You agree to pay us,  through the Payment Processor, all charges for purchases made by you, and  you authorize us, through the Payment Processor, to charge your chosen  payment provider (e.g., credit card) (your “Payment Method”).

D. We will automatically charge your Payment Method when payments are due,  as more fully identified on the Website. If you purchase a subscription for  Product services, that purchase may result in recurring charges to your Payment  Method, and you agree that we may charge those amounts until a time as your  subscription expires, is terminated or you cancel the subscription, depending on  the subscription type.

E. We may submit periodic charges without further authorization from you, until  you provide prior notice (receipt of which is confirmed by us) that you have  terminated authorization or wish to change your payment method. Your notice  will not affect charges submitted before we reasonably could act.

F. Your account will be considered delinquent if payment in full is not successful  when a charge is initiated. Unless specified in an invoice, amounts due are  exclusive of all applicable taxes, levies, or duties, and you will be responsible for  payment of all amounts. If you believe that any specific charge under this  Agreement is incorrect, in order to obtain a credit, you must contact us in writing  within thirty (30) days after the payment due date, and set forth the nature and  amount of the requested correction; otherwise charges are final.

G. In addition to other applicable remedies, we reserve the right to suspend or  terminate your access to the Services or to Product subscription services, or  terminate this Agreement if your Payment Method is declined or fails, and your  account therefore is delinquent. Charges to delinquent accounts are subject to  interest of 1.5% per month on any outstanding balance, or the maximum  permitted by law, whichever is less, plus all expenses of collection, including  reasonable attorneys’ fees and court costs.

H. If you wish to cancel our Services or Product subscription, you may do so at  any time by contacting our customer care department at bearwitnessco@fyi.fyi with the phrase “Subscription Change or Cancellation” in the subject line. Any  charges incurred prior to cancellation are non-refundable. To the extent  applicable, if you upgrade your subscription, you will be charged the difference in  your current subscription and the upgraded subscription at that time, and you will  be charged the price for the upgraded subscription on an ongoing basis until cancellation. To the extent applicable, if you downgrade your subscription, you  will be charged the reduced price at the beginning of the next subscription term. 

 

6. CREDENTIALS SECURITY 

A. You understand and agree that in order to use certain functions of the  Website or Services, you may be asked by us to provide certain credentials or  other login information (“Credentials”). You are under no obligation to provide  Credentials to us; however, if you do, you represent and warrant that you are  authorized to provide these Credentials to us for use in connection with the  Services, and that the Credentials are and will be true and accurate throughout  the Term of this Agreement. By providing your Credentials, you agree that we  may store and use the Credentials in accordance with our Privacy Policy.

B. If you are registered with a user account on the Website, you agree to keep  your user name and password or any other Credentials needed to login to the  Website or Services confidential and secure. You are responsible for controlling  the access to and use of your account. You understand and agree that we may  assume that instructions from an individual associated with your account are  authoritative and should be acted upon by us. We are not responsible for any  unauthorized access to your account or profile, and any ramifications of access,  and we are not required to take action to disable any account. You agree that  you will not bring any action against us arising out of or related to any claimed  unauthorized access using your account Credentials.

C. Notwithstanding the foregoing, if we believe that there has been an  unauthorized access to your account, we may take reasonable efforts with  reasonable speed, to disable or lock your account, or otherwise address your  situation. In the event that you would like to report a breach, please contact  bearwitnessco@fyi.fyi with the phrase “Account Breach Notice” in the subject  line. 

 

7. CONTENT SUBMITTED OR MADE AVAILABLE TO US 

A. You are under no obligation to submit anything to us, and unless otherwise  noted, we will not claim ownership of your Content or Submissions. In order for  us to provide the Services to you and for promotion of our Services, however, we  require your permission to process, display, reproduce, and otherwise use  Content or Submissions you make available to us. Therefore, if you choose to  submit any Content or Submissions (including your name, likeness, and other  personal information) to the Website or Services, or otherwise make any Content  or Submissions available through the Services, you hereby grant to us a  perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute,  translate, and create derivative works from any Content or Submissions,  including without limitation distributing part or all of the Content or Submissions in  any media format through any media channels.

B. Notwithstanding the foregoing grant, as further identified in the Privacy Policy,  information that you upload or make available for the purpose of using the  Services (such as information about customers, their addresses, financial  information, and similar related data) will only be used by us for the purpose of  providing the Website and Services to you.

C. By submitting any Content or Submissions to us you hereby agree, warrant,  and represent that: 

(a) the Content and Submissions do not contain proprietary or confidential  information, and the provision of the Content and Submissions is not a violation  of any third-party’s rights; 

(b) all Submissions and Content are accurate and true, 

(c) we are not under any confidentiality obligation relating to the Content or  Submissions; 

(d) we shall be entitled to use or disclose the Content or Submissions in any  way; and 

(e) you are not entitled to compensation or attribution from us in exchange for the  Submissions or Content.

D. You acknowledge that we are under no obligation to maintain any information,  materials, Content or Submissions that you submit, post, or make available to or  on the Website or Services. We reserve the right to withhold, remove, and or  discard any materials at any time.

 

8. CONTENT SHARED THROUGH THE SERVICES 

You understand that by sharing information on the Website or Services, and  requesting information to be sent through the Services, you may be revealing  information about yourself or your business that you may include and that may  be generated by the Services. You understand and acknowledge that you are  fully aware and responsible for the impact of sharing materials, and you agree  that we shall not be held responsible, and we shall be released and held  harmless by you from any liability or damages arising out of conduct.

 

9. LINKS TO THIRD-PARTY WEBSITES 

For your convenience, the Website contains links to the websites of third parties  on which you may be able to obtain information or use services. For example,  we provide links to social media sites (e.g., Facebook, Instagram, Twitter,  Pinterest, etc.). Except as otherwise noted, third-party websites, and information  and services are provided by organizations that are independent from us. We do  not make any representations or warranties concerning those websites. We have  no control over, and assume no responsibility for, the content, privacy policies, or  practices of any third-party websites. In addition, we cannot and do not censor or  edit the content of any third-party site. Therefore, we make no representation as  to the accuracy or any other aspect of the information contained in or on those  websites, sources, or servers. Your linking to or from any off-site pages or other  websites is at your own risk. By using our Website, you expressly relieve us from  any and all liability arising from your use of any third-party website. Accordingly,  we encourage you to be aware when you leave the Website and to read the  terms and privacy policy of each other website that you visit. 

 

10. OUR INTELLECTUAL PROPERTY 

A. Our graphics, logos, names, designs, page headers, button icons, scripts, and  service names are our trademarks, trade names or trade dress. The “look” and  “feel” of the Website, Services and Products (including color combinations,  button shapes, layout, design and all other graphical elements) are protected by  U.S. copyright and trademark law. All Product names, names of Services,  trademarks and service marks (“Marks”) are our property or the property of their  respective owners, as indicated. You may not use the Marks or copyrights for  any purpose whatsoever other than as permitted by this Agreement.

B. You acknowledge that i) the software used to provide the Services or  contained within the Products, all enhancements, updates, upgrades,  corrections, and modifications to the software (the “Software”), ii) all copyrights,  patents, trade secrets, or trademarks, or other intellectual property rights  protecting or pertaining to any aspect of the Software (or any enhancements,  corrections, or modifications), and iii) any and all related documentation, are and  shall remain the sole and exclusive property of us or our licensors, as the case  may be. This Agreement does not convey title or ownership to you, but instead  gives you only the limited use rights set forth herein.

C. To the extent that you gain access to or receive any copies of that Software,  you agree that you will delete any copies of the Software upon any termination of this Agreement, termination of your use of the Services or Products, or at our  request. 

 

11. TERM AND TERMINATION

A. The “Term” of this Agreement will continue until the Agreement is terminated  as provided herein. We reserve the right to terminate this Agreement or deny all  or some portion of the Website or Services to any user, in our sole discretion, at  any time.

B. You may terminate this Agreement at any time by ceasing use of the Website  or Services, and by closing your account. Your representations, warranties, and  indemnification obligations shall survive any termination of this Agreement.

C. All rights that you grant to us herein related to Submissions shall survive any  termination of this Agreement. Further, your representations, warranties, and  indemnification obligations herein shall survive any termination of this  Agreement.

 

12.DISCLAIMERS AND LIMITATION ON LIABILITY

A. We do not represent or warrant that access to the Services will be error-free  or uninterrupted, and we do not guarantee that users will be able to access or  use the Services, or their features, at all times. We reserve 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.

B. The Services may be used to perform data analysis and other analytics,  however, we do not guarantee the results of any use.

C. Certain data displayed by the Services relies on the receipt of underlying data  from third-party sources. These data sources may not be real time or accurate,  which may result in delays or inaccuracies in the displayed information. 

D. The Website or Services may contain typographical errors or inaccuracies,  and may not be complete or current. We reserve the right to correct any errors,  inaccuracies, or omissions and to change or update information at any time  without prior notice.

E. Although we have the right to review, edit, remove, or modify information from  or on the Website or Services, we may not screen this material or control the  sources of this information, and we do not guarantee the accuracy, suitability,  completeness, currency, quality, adequacy, or applicability of any information.

F. BY USING THE WEBSITE OR SERVICES YOU AGREE AND  ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND SERVICES “AS  IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED  OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS,  DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES  AND SUPPLIERS, HEIRS, OR ASSIGNS SPECIFICALLY DISCLAIM ANY  IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY,  APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A  PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER  WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR  WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY  WARRANTY.

G. USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. WE DO  NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE  WEBSITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR  CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES  ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS,  VIRUSES OR OTHER HARMFUL COMPONENTS.

H. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS  OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR  AFFILIATES, SUCCESSORS, LICENSORS, BUSINESS PARTNERS, HEIRS,  OR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN  CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR  OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR  DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,  INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL  DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS  TO OR USE OF THE WEBSITE OR SERVICES, EVEN IF WE OR RELATED  PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

I. Notwithstanding the foregoing, in the event that a court shall find that any of the  above disclaimers are not enforceable, then you agree that neither we nor any of  our subsidiaries, affiliated companies, employees, members, shareholders, or  directors shall be liable for (1) any damages in excess of $100.00, or (2) any  indirect, incidental, punitive, special, exemplary or consequential damages or  loss of use, lost revenue, lost profits or data to you or any third party from your  use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their  essential purpose.

J.SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND  LIMITATIONS, AND ANY DISCLAIMERS OR LIMITATIONS ARE VOID  WHERE PROHIBITED. 

 

13. INDEMNIFICATION 

You agree to defend, indemnify and hold harmless BEAR Witness Collection, its  officers, directors, employees, and agents, from and against any and all claims,  damages, obligations, losses, liabilities, costs, or debt, and expenses (including  

but not limited to reasonable attorney’s fees) arising from: (i) your use of and  access to the Website or Services; (ii) your violation of any term of this  Agreement; (iii) your violation of any third-party right, including without limitation  any copyright, property, or privacy right; (iv) any claim that any of your Content or  Submissions caused damage to a third party; or (v) any conduct, activity or  action that is unlawful or illegal under any state, federal or common law, or is  violative of the rights of any individual or entity, engaged in, caused by, or  facilitated in any way through the use of the Website or Services. This defense  and indemnification obligation will survive this Agreement and your use of the  Website or Services. 

 

14. DISPUTES, GOVERNING LAW AND JURISDICTION

A.You agree that any claim or dispute arising out of or relating in any way to  your use of the Website, Services, or any service provided by us, will be resolved  solely and exclusively by binding arbitration, rather than in court, except that you  may assert claims in small claims court if your claims qualify. The Federal  Arbitration Act and federal arbitration law apply to this Agreement. The laws of  the State of California shall govern this Agreement, and shall be used in any  arbitration proceeding. YOU UNDERSTAND AND AGREE TO SUBMIT TO  ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER,  THAT ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY  HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE  ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS  AGREEMENT.

B. There is no judge or jury in arbitration, and court review of an arbitration award  is limited. An arbitrator, however, may award on an individual basis the same  damages and relief as a court (including injunctive and declaratory relief or  statutory damages), and must follow the terms of this Agreement as a court  would.

C. To begin an arbitration proceeding, you must send a letter requesting  arbitration and describing your claim to the following address: I AM APPS LLC,  10960 Wilshire Blvd, 5th Floor, Los Angeles CA 90024.

D. Arbitration under this Agreement will be conducted by the American  Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing,  administration, and arbitrator fees will be governed by the AAA’s rules.

E. You agree that any dispute resolution proceedings will be conducted only on  an individual basis and not in a class, consolidated, or representative action. If  for any reason a claim proceeds in court rather than in arbitration, we both agree  that we have each waived any right to a jury trial.

F. Notwithstanding the foregoing, you agree that we may sue in court to enjoin  infringement or other misuse of intellectual property or other proprietary rights.

G. To the extent arbitration does not apply, you agree that any dispute arising  out of or relating to the Website, Services or us, may only be brought by you in a  state or federal court located in California. YOU HEREBY WAIVE ANY  OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE,  AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN CALIFORNIA.

 

15. GENERAL

A. Severability. If any provision of this Agreement is found for any reason to be  unlawful, void, or unenforceable, then that provision will be given its maximum  enforceable effect, or shall be deemed severable from this Agreement and will  not affect the validity and enforceability of any remaining provision.

B. Revisions. This Agreement may only be revised in a writing signed by us or  posted by us to the Website or Services. In the event that we update this  Agreement and you are made aware of the update, your continued use of the  Website or Services after the update shall constitute your assent to the updated  Agreement.

C. No Partnership. You agree that no joint venture, partnership, employment, or  agency relationship exists between you and us because of this Agreement or  your use of the Website or Services.

D. Assignment. We may assign our rights under this Agreement, in whole or in  part, to any person or entity at any time with or without your consent. You may  not assign this Agreement without our prior written consent. Any unauthorized  assignment shall be null and void.

E. No Waiver. Our failure to enforce any provision of this Agreement shall in no  way be construed to be a present or future waiver of provision, nor in any way  affect the right of any party to enforce each provision thereafter. The express  waiver by us of any provision, condition, or requirement of this Agreement shall  not constitute a waiver of any future obligation to comply with this provision,  condition or requirement.

F. Notices. All notices given by you or required under this Agreement shall be in  writing and addressed to: I AM APPS LLC, 10960 Wilshire Blvd, 5th Floor, Los  Angeles CA 90024.

G. Equitable Remedies. You hereby agree that we would be irreparably  damaged if the terms of this Agreement were not specifically enforced, and  therefore you agree that we shall be entitled, without bond, other security, or  proof of irreparable harm, or other damages, to appropriate equitable remedies  with respect to breaches of this Agreement, in addition to other remedies as we  may otherwise have available to us under applicable laws.

H. Entire Terms. This Agreement, including the documents expressly  incorporated by reference, constitutes the entire Terms between you and us with  respect to the Website or Services, and supersedes all prior or  contemporaneous communications, whether electronic, oral, or written. 

 

COPYRIGHT POLICY 

If you believe in good faith that any materials posted on the Website or accessed  via the Services (the “Materials”) infringe any copyright in any work of yours, you  agree to contact our “DMCA Copyright Agent” as identified below, hereby  designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C.  §512(c)(3)), with correspondence containing the following: 

A physical or electronic signature of the owner, or a person authorized to act on  behalf of the owner, of the copyright that is allegedly infringed; 

Identification of the copyrighted work claimed to have been infringed; 

Identification, with information reasonably sufficient to allow its location of the  material that is claimed to be infringing; 

Information reasonably sufficient to permit us to contact you; 

A statement that you have a good faith belief that use of the material in the  manner complained of is not authorized by the copyright owner, its agent, or the  law; and,

A statement that the information in the notification is accurate, and under penalty  of perjury, that you are authorized to act on behalf of the owner of an exclusive  right that is allegedly infringed. 

You agree that if you fail to comply with all of the requirements of this policy, your  DMCA notice may not be valid. For any questions regarding this procedure, or to  submit a complaint, please contact our designated DMCA Copyright Agent: 

ATTENTION: Copyright Agent 

I AM APPS LLC, 

10960 Wilshire Blvd, 5th Floor, Los Angeles CA 90024. 

COMPLAINT POLICY FOR INFRINGEMENT OF OTHER RIGHTS 

If you believe in good faith that any Materials (as defined above) posted on the  Website or accessed via the Services infringe any of your rights (including any  trademark or privacy rights, but not including rights in copyright as addressed in  the Copyright Policy, above), or are otherwise unlawful, you agree to send a  notice to bearwitnessco@fyi.fyi, containing the following information: 

Your name, physical address, e-mail address and phone number; 

A description of the Materials posted on the Website that you believe violate your  rights or are otherwise unlawful, and which parts of said Materials you believe  should be remedied or removed; 

Identification of the location of the Material on the Website; 

If you believe that the Materials violate your rights, a statement as to the basis of  the rights that you claim are violated; 

If you believe that the Materials are unlawful or violate the rights of others, a  statement as to the basis of this belief; 

A statement under penalty of perjury that you have a good faith belief that use of  the Materials in the manner complained of is not authorized and that the  information you are providing is accurate to the best of your knowledge and in  good faith; and, 

Your physical or electronic signature.

If we receive a message from you that complies with all of the above  requirements, we will evaluate the submission, and if appropriate, in our sole  discretion, we will take action. We may disclose your submission to any entity  that posted the claimed violative Materials, or any other entity as we deem  appropriate. 

Copyright I AM APPS LLC. All rights reserved. The Website is the property of I  AM APPS LLC, and is protected by United States and international copyright,  trademark, and other applicable laws. This includes the content, appearance,  and design of the Website, as well as the trademarks, product names, graphics,  logos, service names, slogans, colors, and designs. 

 

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