Hello! You should read this Terms of Service in full, but here are a few key things we hope you take away from it:
By using our Services, you represent and warrant that:
Agency does not tolerate inappropriate content or behavior related to our Services.
We are committed to maintaining a positive and respectful Agency community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by mailing firstname.lastname@example.org.
Welcome to Cloud 9 Labs, LLC (d/b/a "Agency", and further herein as "we" and "us").
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change. If you do not accept a change to the terms, you should stop using our Services immediately.
Before you create an account on Agency, make sure you are eligible to use our Services. This Section also details what you can and can't do when using the Services, as well as the rights you grant Agency.
By using our Services, you represent and warrant that:
If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
Please review this Agreement carefully, including the Acceptable Website Use provision, which PROHIBITS ANY UNLAWFUL USE OF THE SITE, INCLUDING ESCORTING, PROSTITUTION AND HUMAN TRAFFICKING, and an Arbitration provision, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under this Agreement. In order to proceed with this Agreement and to access the Services of the Website, you must acknowledge and agree to be bound by the terms of this Agreement, including the acceptable use limitations and Arbitration provision described herein.
This Agreement is an electronic contract that sets out the legally binding terms you must accept the Terms to use the Website and to become a "Member." For purposes of this Agreement, the term "Member" or "Membership" means a person who provides information to the Company on the Website to participate in the Service in any manner, whether such person uses the Service as a free Member or a subscriber.
You agree to:
Agency prohibits uploading or sharing content that:
The uploading or sharing of content that violates these terms ("Prohibited Content") may result in the immediate suspension or termination of your account, and potentially reporting to appropriate authorities.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("Member Content"); and (iii) content that Agency provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.
Agency owns all other content on our Services.
Members understand, acknowledge, and agree that some of the initial user profiles posted on this Site may be fictitious, and are associated with our Site Hosts, ("Hosts"). The Site's Hosts work for the Site in an effort to stimulate conversation with users, in order to encourage further and broader participation in all of our Site's services, including the posting of additional information and/or pictures to the users' profiles. The Hosts, together with customer service, serve to sample user activities and communications to ensure compliance with our Terms and Conditions. Members understand, acknowledge, and agree that the information, text, and pictures contained in the Hosts' profiles do not pertain to any actual person, but are included for the purposes above stated and for entertainment only. Nothing contained in any Host profile is intended to describe or resemble any real person - living or dead. Any similarity between Host user profile descriptions and any person is purely coincidental. Please also note that a single Host may be associated with more than one (1) profile on our Site.
Members further understand, acknowledge, and agree that, from time-to-time, Hosts may contact both Members via computer-generated Instant Messages or emails for purposes of encouraging further or broader participation in our Site's services and/or to monitor user activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from Hosts will contain the uniform designation "Host" to notify the user that a message has been received from a Site Host. In the event the user responds to a Host message via email, the user may receive one or more additional personal or form responses from the Host. Members understand, acknowledge, and agree that no physical meeting will ever take place between Members and our Hosts, and that the exchange of messages between Members and Hosts is for entertainment purposes, as well as to encourage further or broader participation in our Site's services and/or to monitor user activities. Notwithstanding the above, the user is not guaranteed a response to any message sent to a Host (or another user).
Agency does not tolerate inappropriate content or behavior related to our Services.
We are committed to maintaining a positive and respectful Agency community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by emailing us at email@example.com. You may also email Agency Customer Service at firstname.lastname@example.org
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998 ("DMCA"). To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 17 (Digital Millennium Copyright Act) below.
Agency grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Agency grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Agency and permitted by these Terms and applicable laws.
You own all of the content you provide to Agency, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Agency a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Agency's license to Your Content shall be non-exclusive, except that Agency's license shall be exclusive with respect to derivative works created through use of our Services. For example, Agency would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Agency can prevent the use of Your Content outside of our Services, you authorize Agency to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Agency is not obligated to take any action with regard to use of Your Content by other users or third parties. Agency's license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Agency allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Agency regarding our Services, you agree that Agency may use and share such feedback for any purpose without compensating you.
You agree that Agency may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
You will have the opportunity to purchase products and services from Agency. If you purchase a subscription, it will automatically renew—and you will be charged on a monthly basis—until you cancel.
Agency may offer products and services for purchase through external platforms authorized by Agency (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth under Account Termination below.
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Agency may terminate your account immediately in its sole discretion. Agency will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund.
Generally, all purchases are nonrefundable. You specifically agree that the subscription fee is a nonrefundable fee irrespective of the quality of experience you have with Agency and the Services. However, under special circumstances, we may consider refund requests on a case-by-case basis.
For subscribers residing in the EU or European Economic Area: In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
If you no longer wish to use our Services, or if we terminate your account for any reason, here's what you need to know. You can delete your account at any time by logging into the Site and following the instructions to terminate your membership.
Agency reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that Agency regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
Agency does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.
You understand that Agency does not conduct criminal background on its users. Agency makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of users. Agency reserves the right to conduct—and you authorize Agency to conduct—any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If we decide to conduct any screening through a consumer reporting agency, you hereby authorize us to obtain and use a consumer report about you to determine your eligibility under these terms.
You are solely responsible for your interactions with other users. Sex offender screenings and other tools do not guarantee your safety and are not a substitute for following sensible safety precautions. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the Service, including automatic notifications sent by Agency, may result from users engaging with the Service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.
Though Agency strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
Agency's Services makes no representations or warranties about the content or features of our Services.
Agency provides Services on an "as is" and "as available" basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to our Services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Agency does not represent or warrant that (a) our Services will be uninterrupted, secure, or error free, (b) any defects or errors in our Services will be corrected, or (c) that any content or information you obtain on or through our Services will be accurate. Furthermore, Agency makes no guarantees as to the number of active Members at any time; Members' ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the Services. Agency takes no responsibility for any content that you or another user or third party posts, sends, or receives through our Services nor does Agency take any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communication through Agency. Any material downloaded or otherwise obtained through the use of our Services is accessed at your own discretion and risk. Agency is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
Agency has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
Any DMCA Takedown Notices should be sent to email@example.com, or via mail to the following address: Copyright Compliance Department c/o Agency Group Legal, 2261 Market Street Suite #4107 San Francisco, CA 94114.
Agency will terminate the accounts of repeat infringers.
If material that you have posted to a site controlled or operated by Agency has been taken down, you may file a counter-notification that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Agency may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
Your physical or electronic signature.
Then send this notice to: firstname.lastname@example.org or 2261 Market Street Suite #4107 San Francisco, CA 94114
Agency's liability is limited to the maximum extent by applicable law.
To the fullest extent permitted by applicable law, in no event will Agency, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Services, (ii) the conduct or content of other users or third parties on, through, or following use of the Services; or (iii) unauthorized access, use, or alteration of your content, even if Agency has been advised of the possibility of such damages. In no event will Agency's aggregate liability to you for all claims relating to the Services exceed the amount paid, if any, by you to Agency for the Services while you have an account.
The limitation of liability provisions set forth in this Section 18 shall apply even if your remedies under this agreement fail with respect to their essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact Agency Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against Agency, these terms will apply.
If you pursue a legal claim against Agency, you agree to arbitration (with limited exceptions).
Any controversy or claim arising out of or relating to Agency Services shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party's claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in San Francisco County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
California law and the Federal Arbitration Act will apply if there is a dispute. Except for users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Any claims that are not submitted to arbitration for any reason must be litigated in San Francisco County, California (except for claims brought in small claims court, and in the EU or where prohibited by law).
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in San Francisco County, California, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Agency that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of San Francisco County, California, U.S.A. You and Agency consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
You agree to indemnify Agency if a claim is made against Agency due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Agency, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
This Agreement supersedes any previous agreements or representations.
This Terms of Service was last updated on 25 January 2021