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PIXPAL LLC PRIVACY POLICY

LAST UPDATED: June 4, 2018

Introduction

Pixpal LLC (the “Company”) is committed to maintaining robust privacy protections for users of its www__________.com website (the “Site”). Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use, and safeguard information you provide to us. Furthermore, the Privacy Policy serves to assist you in making informed decisions when using our service.

For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at www__________.com. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service. By accepting our Privacy Policy, you consent to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy.

I. INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit, and number of clicks. Personal Information includes only your email, which you submit to us through the registration process at the Site.

1. Information collected via Technology

In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, which includes, but is not limited to the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files, which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.

In addition to the information provided automatically by your browser when you visit the Site, we may collect personal identification from Users in a variety of ways, including, but not limited to, when Users register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features, or resources we make available on our Site. You can create a profile by registering with the Service, entering your email address, and creating a user name and password. By registering, you are authorizing us to collect, store, and use your email address in accordance with this Privacy Policy. Users may, however, visit our Site anonymously.

II. HOW WE USE AND SHARE INFORMATION

1. Personal Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.

In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

2. Non-Personal Information

In general, we use Non-Personal Information to help us improve the Service and customize the user’s experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion.

III. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls, and secure socket layer technology (SSL). However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Additionally, if you do not wish to receive communications from us about special offers and promotions, you can opt-out of receiving these communications by emailing us at: _______________@_____.com.

V. PUBLIC AREAS

When you post, contribute, or share any content to a public area such as the Site’s Forum or comment sections, the content you submit will be made available to the general public. To protect your privacy, we would recommend that you exercise caution when submitting, sharing, or posting on such public area any personally identifiable or sensitive information such as, but not limited to, your full name, address, phone number, or any other information that would allow other users or third parties to locate you or obtain information about you. You are entirely responsible for your use of our Site, for all of the content that you submit or post on our Site, for any and all activities that occur under your account, and for ensuring, protecting, and safeguarding the confidentiality and the security of your account. We shall not be held liable for any claims, loss, or damage resulting from a breach of the foregoing, or your use of and contributions on our Site, or any unauthorized use of your account.

VI. LINKS TO OTHER WEBSITES

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

VII. LAW ENFORCEMENT

We may disclose your personal data to a third party to comply with or as permitted by any applicable laws or regulations, court order, or lawful request from any government authority.

VIII. CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We are in compliance with the requirements of the Children’s Online Privacy Protection Rule (COPPA). We do not direct the Site to, nor do we knowingly collect, any personal information from children under the age of thirteen (13). For that reason, we never collect or maintain information at our Site from those we actually know are under thirteen (13) years of age, and no part of our Site is structured to attract anyone under the age of thirteen (13).

IX. CALIFORNIA ONLINE PRIVACY ACT

It is our intent to comply with the California Business and Professions Code §§ 22575-22579. California law permits our customers who are California residents to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at _______@______.com.

X. LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU OR THIRD PARTY FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) CONTENT WHICH IS UPLOADED AND/OR PRINTED; (B) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (C) YOUR USE OR INABILITY TO USE THE SERVICE; (D) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE COMPANY SHALL NOT BE LIABLE FOR ANY KIND OF INTELLECTUAL PROPERY INFRINGEMENT INCLUDING, BUT NOT LIMITED TO, PATENT IFRINGEMENT, TRADEMARK INFRINGEMENT, AND/OR COPYRIGHT INFRINGEMENT TO YOU OR ANY THIRD PARTY FOR CONTENT UPLOADED OR PRINTED USING THE COMPANY’S SITE OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

XI. COOKIES

The Company uses cookies on the Service. By using the Service, you consent to the use of cookies.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allos the Service of a third-party to recognize you and make your visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies.

How the Service uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising.

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:

-Essential cookies: we may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

XII. CHANGES TO OUR PRIVACY POLICY

The Company reserves the right to change this policy and our Terms of Service at any time. We will revise the updated date at the top of this page. You should periodically check the Site and this privacy page for updates.

XIII. CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by email: _______@______.com.or by mail:

PIXPAL LLC
[ADDRESS]
[PHONE NUMBER]

Term of Use

LAST UPDATED: June 4, 2018

Introduction

Welcome to ________.com (“_________.com” or the “Service”). The following Terms of Use or “Terms” apply when you view or use the Service: www.___________.com. Usage also includes access to the Service by clicking on the application (the “App”) on your mobile device. Please review the following Terms carefully. By accessing or using the Service, you signify your agreement to these Terms. If you do not agree to these Terms, you may not access or use the Service.

I. PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: www.____________.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

II. USE RESTRICTIONS.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site and Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site and Apps or create derivative works of any portion our Site and Apps without our written consent.

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions.

You agree that you will not under any circumstances:
a. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously, or otherwise objectionable and offensive;
b. use the service for any unlawful purpose or for the promotion of illegal activities;
c. attempt to, or harass, abuse or harm another person or group;
d. use another user’s account without permission;
e. provide false or inaccurate information when registering an account;
f. interfere or attempt to interfere with the proper functioning of the Service;
g. make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
h. bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
i. publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

III. POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
a. You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
b. You will not post information that is malicious, false or inaccurate;
c. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secrets, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
d. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

IV. LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) that are similar to social networks such as Facebook, Twitter, Youtube, Google, Instagram, etc. as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

V. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Takedown Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at [Insert Address]:

1.The date of your notification;
2.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3.A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4.A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5.Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6.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
7.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.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to the copyright agent at the address provided above and notice shall contain the following information:

1.Your physical or electronic signature;
2.A description of the content that has been removed and the location at which the content appeared before it was removed;
3.A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4.Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the website in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

VI. INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. All copyright, trademarks, design rights, patents, and other intellectual property (registered or unrigestered) in and on __________.com belong to Pixpal LLC and/or third parties (which may include you or other users). Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement. Nothing in these Terms grants you a right or license to use any trademark, patent, or copyright owned or controlled by Pixpal LLC or any third party except as expressly provided in the Terms.

VII. DISCLAIMER OF WARRANTIES

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

VIII. LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU OR THIRD PARTY FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) CONTENT WHICH IS UPLOADED AND/OR PRINTED; (B) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (C) YOUR USE OR INABILITY TO USE THE SERVICE; (D) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE COMPANY SHALL NOT BE LIABLE FOR ANY KIND OF INTELLECTUAL PROPERY INFRINGEMENT INCLUDING, BUT NOT LIMITED TO, PATENT IFRINGEMENT, TRADEMARK INFRINGEMENT, AND/OR COPYRIGHT INFRINGEMENT TO YOU OR ANY THIRD PARTY FOR CONTENT UPLOADED OR PRINTED USING THE COMPANY’S SITE OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

IX. TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Pixpal LLC and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Pixpal LLC that appear on the Wbsite or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Pixpal LLC or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.

X. APPLICABLE LAWS

We control and operate the website from our offices in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

XI. MODIFICATION OF TERMS OF USE

We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the website from time to time to view any such changes in the Agreement. If you continue to use the website, you signify your agreement to our revisions to these Terms. However, we will notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

XII. GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms and your use of the website are governed by the federal laws of the United States of America and the laws of the State of California without regard to conflict of law provisions.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT WWW.____________.COM/PRIVACY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

XIII. TERMINATION

You agree that ___________.com may, with or without cause, immediately terminate your ______________.com membership or limit or terminate your access to the Member Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by _________.com of a member’s membership and use of the website: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. _________.com has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the website.