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diff --git a/src/locale/en/terms-of-service.tsx b/src/locale/en/terms-of-service.tsx deleted file mode 100644 index 30953a211..000000000 --- a/src/locale/en/terms-of-service.tsx +++ /dev/null @@ -1,723 +0,0 @@ -import React from 'react' -import {H4, P, OL, LI, A, STRONG, EM, UL} from 'view/com/util/Html' - -export default function () { - return ( - <> - <H4>Last Updated: April 6, 2023</H4> - <P> - Welcome to the Bluesky, PBLLC d.b.a. Bluesky (“Bluesky”, - “we”, or “us”) website located at{' '} - <A href="https://bsky.app/">bsky.social</A> (“Site”), the - Authenticated Transfer social protocol (“Protocol”) and our - mobile application (“App”). Please read these Terms of - Service (the “Terms”) and our{' '} - <A href="https://bsky.app/support/privacy">Privacy Policy</A>{' '} - (“Privacy Policy”) carefully because they govern your use of - our Site, Protocol, App, and our content accessible therein. In - addition, please read the{' '} - <A href="https://bsky.app/support/community-guidelines"> - Bluesky Community Guidelines - </A>{' '} - (the “Bluesky Community Guidelines”), which are incorporated - by reference and included in the Terms. To make these Terms easier to - read, our Site, Protocol, and App, and our content and services provided - therein, are collectively called the “Services.” The - Services are not official products and have not been commercially or - publicly released by Bluesky. - </P> - <P> - IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS - YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN - YOU AND BLUESKY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN - COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE - RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF - YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS - ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION ‎18 - WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION ‎17 - “GOVERNING LAW AND FORUM CHOICE” WILL APPLY INSTEAD. - </P> - <OL> - <LI> - <STRONG>Agreement to Terms.</STRONG> By using our Services, you agree - to be bound by these Terms. If you don’t agree to be bound by - these Terms, do not use the Services. If you are accessing and using - the Services on behalf of a company (such as your employer) or other - legal entity, you represent and warrant that you have the authority to - bind that company or other legal entity to these Terms. In that case, - “you” and “your” will refer to that company or - other legal entity. - </LI> - <LI> - <STRONG>Acknowledgment of Beta Services.</STRONG> You acknowledge and - agree that: (a) the Services are not official products and have not - been commercially or publicly released by Bluesky; (b) the Services - may not operate properly, be in final form or be fully functional; (c) - the Services may contain errors, design flaws or other problems; (d) - it may not be possible to make the Services fully functional; (e) the - information obtained using the Services may not be accurate; (f) use - of the Services may result in unexpected results, loss of data or - communications, project delays or other unpredictable damage or loss; - (g) Bluesky is under no obligation to release a commercial or public - version of the Services; and (h) Bluesky has the right to unilaterally - to abandon development of the Services, at any time and without any - obligation or liability to you. - </LI> - <LI> - <STRONG>Privacy Policy.</STRONG> Please refer to our{' '} - <A href="https://bsky.app/support/privacy">Privacy Policy</A> for - information on how we collect, use and share your information. You - acknowledge and agree that your use of the Services is subject to our - Privacy Policy. - </LI> - <LI> - <STRONG>Changes to these Terms or the Services.</STRONG> We may update - these Terms from time to time at our sole discretion. If we do, - we’ll let you know by posting the updated Terms on the Site, - Protocol or the App and may also send other communications. It’s - important that you review these Terms whenever we update them or you - use the Services. If you continue to use the Services after we have - posted updated Terms it means that you accept and agree to the - changes. If you don’t agree to be bound by the changes, you may - not use the Services anymore. Because our Services are evolving over - time we may change or discontinue all or any part of the Services, at - any time and without notice, at our sole discretion. We may add, - remove, suspend or alter access to any content available through or on - the Services at any time and make no guarantee as to the availability - or minimum amount of specific content.{' '} - </LI> - <LI> - <STRONG>Who May Use the Services?</STRONG> - <OL> - <LI> - <EM>Eligibility</EM>. To use the Services, you must be at least 13 - years of age and not otherwise barred from using the Services - under applicable law. If you are over 13 years of age but under - the age of majority in your respective jurisdiction, you hereby - represent and warrant that your parent or legal guardian has read - these Terms and accepts them on your behalf. Parents and legal - guardians are responsible for the acts of their minor children - when using the Services, whether or not the parent or guardian has - authorized such acts. - </LI> - <LI> - <EM>Registration and Your Information</EM>. If you want to use - certain features of the Services you’ll have to create an - account (“Account”) via the Services. - </LI> - <LI> - <EM>Accuracy of Account Information</EM>. It’s important - that you provide us with accurate, complete and current - information for your Account and you agree to keep this - information up-to-date. If you don’t, we might have to - suspend or terminate your Account. You agree that you won’t - disclose your Account password to anyone and you’ll notify - us immediately of any unauthorized use of your Account. - You’re responsible for all activities that occur under your - Account, including, without limitation, the posting of User - Content (as defined below), and any communications or other - contact you have with other users of the Services, whether or not - you know about them. We may take actions we deem reasonably - necessary to prevent fraud and abuse, including placing - restrictions on user accounts or on the amount of content that can - be accessed from the Services at any one time. - </LI> - </OL> - </LI> - <LI> - <STRONG>Feedback.</STRONG> We welcome feedback, comments and - suggestions for improvements to the Services (“Feedback”). - You can submit Feedback by posting in the App or emailing us at - support@bsky.app. You grant us a non-exclusive, transferable, - worldwide, perpetual, irrevocable, fully-paid, royalty-free license, - with the right to sublicense, under any and all intellectual property - rights that you own or control, to use, copy, modify, create - derivative works based upon and otherwise exploit the Feedback for any - purpose. - </LI> - <LI> - <STRONG>Content Ownership, Responsibility and Removal.</STRONG> - <OL> - <LI> - <EM>Definitions</EM>. For purposes of these Terms: (i){' '} - <STRONG>“Content”</STRONG> means text, graphics, - images, music, software, audio, video, works of authorship of any - kind, and information or other materials that are posted, - generated, provided or otherwise made available through the - Services; and (ii) <STRONG>“User Content”</STRONG>{' '} - means any Content that Account holders (including you) provide or - make available through the Services. User Content also includes, - without limitation, any communications or content that you share - with another user of the Services such as comments on other - users’ User Content or information you provide or make - available through the Services. Content includes, without - limitation, User Content. - </LI> - <LI> - <EM>Our Content Ownership</EM>. Except for any licensed rights - granted under these Terms, Bluesky does not claim any ownership - rights in any User Content and nothing in these Terms will be - deemed to restrict any rights that you may have to use and exploit - your User Content. Subject to the foregoing, Bluesky and its - licensors exclusively own all right, title and interest in and to - the Services and Content, including all associated intellectual - property rights and all features, trademarks, trade names, service - marks, trade dress, and the look and feel of the Services. You - acknowledge that the Services and Content are protected by - copyright, trademark, and other laws of the United States and - foreign countries. You agree not to remove, alter or obscure any - copyright, trademark, service mark or other proprietary rights - notices incorporated in or accompanying the Services or Content. - </LI> - <LI> - <EM>Rights in Content Granted by Bluesky</EM>. Subject to your - compliance with these Terms, Bluesky grants to you a limited, - non-exclusive, non-transferable license, with no right to - sublicense, to download, view, copy, display and print the Content - solely in connection with your permitted use of the Services and - solely for your personal and non-commercial purposes. Other than - the right to use the Services as explicitly described in these - Terms for your personal, limited use, no other rights are granted - to you under these Terms.{' '} - </LI> - <LI> - <EM>Rights in User Content Granted by You to Us</EM>. By making - any User Content available through the Services, you hereby grant - to Bluesky and its subsidiaries, affiliates, licensee, successors, - and assigns (the “Bluesky Parties”) an irrevocable, - non-exclusive, perpetual, transferable, worldwide, royalty-free - license, with the right to sublicense (through multiple tiers of - sub-licensing), to use, copy, modify, adapt, crop, edit, creative - derivative works, distribute, publicly display, publicly perform - and otherwise exploit in any media now known or hereafter devised, - your User Content, in whole or in part, in connection with (i) - providing the Services and Content to you and to others; (ii) - promote and market Bluesky and our Services, including without - limitation through Bluesky’s owned, operated, and/or branded - social media channels. For example, Bluesky may create - compilations of Content made available by Account holders - (including your User Content), and/or use User Content or such - compilations to promote the App through Bluesky’s operated, - and/or branded social media channels, without further payment or - consideration by Bluesky. However, without your prior consent, - Bluesky will not use your User Content in any Content that is - sponsored by a third party. - </LI> - <LI> - <EM>Name, Likeness, Other Personal Rights</EM>. By submitting User - Content in which you may appear, including without limitation your - photograph, you hereby grant to (i) Bluesky and the Bluesky - Parties and (ii) other Account holders, an irrevocable, - non-exclusive, perpetual, transferable, worldwide, royalty-free, - unlimited license to use your name, image, likeness, or other - information or materials supplied by you, including any third - party materials as they appear in such User Content, consistent - with the rights granted by you in this Section 7. - </LI> - <LI> - <EM>Your Responsibility for User Content</EM>. You are solely - responsible for all of your User Content. You represent and - warrant that your User Content is original, that you own your User - Content or you have all rights that are necessary to grant us and - the Bluesky Parties the license rights in your User Content under - these Terms. This includes the rights to the name, likeness or - other publicity rights of any other party appearing in your User - Content. You also represent and warrant that neither your User - Content, nor your use and provision of your User Content to be - made available through the Services, nor any exercise of any - rights granted by you in such User Content will (i) conflict with - any rights or commitments granted by you to any other party; (ii) - infringe, misappropriate or violate a third party’s - intellectual property rights, or rights of publicity or privacy, - or (iii) result in the violation of any applicable law or - regulation. You represent and warrant that all of your User - Content and your activities in connection with the Services will, - at all times, comply with (i) these Terms; (ii) all applicable - laws, rules, and regulations; and (iii) any other guidelines or - requirements that we may make available to you from time to time. - </LI> - <LI> - <EM>Removal of User Content</EM>. We have the right, in our sole - discretion, to remove any User Content. You can remove your User - Content by specifically deleting it. However, in certain - instances, some of your User Content (such as posts or comments - you make) may not be completely removed and copies of your User - Content may continue to exist on the Services. We are not - responsible or liable for the removal or deletion of (or the - failure to remove or delete) any of your User Content. Except as - expressly stated herein, you acknowledge and agree that we have no - obligation to provide, monitor, edit, upload, or remove any of - your User Content, although we have the right to do so. - </LI> - </OL> - </LI> - <LI> - <STRONG>Respecting Others’ User Content</STRONG>. Subject to our - rights under Section 7, you acknowledge that all User Content and any - content related thereto are the property of the respective user that - makes the User Content available through the Services or, if made - explicit on the Services, Bluesky. You acknowledge and agree that - Bluesky is not responsible or liable for your User Content or any - direct message through the Services between any user of the Services - and another user of the Services (“Communications”), - including you. - </LI> - <LI> - <STRONG>Rights and Terms for Apps.</STRONG> - <OL> - <LI> - <EM>Rights in App Granted by Bluesky</EM>. Subject to your - compliance with these Terms, Bluesky grants to you a limited, - non-exclusive, non-transferable license, with no right to - sublicense, to download and install the App on a mobile device - that you own or control and to run the App solely for your own - personal non-commercial purposes. Except as expressly permitted in - these Terms, you may not: (i) copy, modify or create - derivative works based on the App; (ii) sublicense, lease, - lend or rent the App to any third party; (iii) decompile or - disassemble the App; or (iv) make the functionality of the - App available to multiple users through any means. Bluesky - reserves all rights in and to the App not expressly granted to you - under these Terms. Certain portions of the App may be subject to - an open source license agreement, as expressly designated within - the App or on the Site. Such license will govern the use of such - portions of the App to the extent that such license agreement - conflicts with or is inconsistent with this Section 9(a) (for - example, if the license grants broader use rights). - </LI> - <LI> - <EM>Accessing App from App Store</EM>. The following terms apply - to any App accessed through or downloaded from any app store or - distribution platform (like the Apple App Store) where the App may - now or in the future be made available (each, an “App - Provider”). You acknowledge and agree that: - <UL> - <LI> - These Terms are concluded between you and Bluesky, and not - with the App Provider, and Bluesky (not the App Provider), is - solely responsible for the App. - </LI> - <LI> - The App Provider has no obligation to furnish any maintenance - and support services with respect to the App. - </LI> - <LI> - In the event of any failure of the App to conform to any - applicable warranty, you may notify the App Provider and, to - the maximum extent permitted by applicable law, the App - Provider will have no other warranty obligation whatsoever - with respect to the App. Any other claims, losses, - liabilities, damages, costs or expenses attributable to any - failure to conform to any warranty will be the sole - responsibility of Bluesky. - </LI> - <LI> - The App Provider is not responsible for addressing any claims - you have or any claims of any third party relating to the App - or your possession and use of the App, including, but not - limited to: (i) product liability claims; (ii) any claim - that the App fails to conform to any applicable legal or - regulatory requirement; and (iii) claims arising under - consumer protection or similar legislation. - </LI> - <LI> - In the event of any third party claim that the App or your - possession and use of that App infringes that third - party’s intellectual property rights, Bluesky will be - solely responsible for the investigation, defense, settlement - and discharge of any such intellectual property infringement - claim to the extent required by these Terms. - </LI> - <LI> - The App Provider, and its subsidiaries, are third-party - beneficiaries of these Terms as related to your license to the - App, and upon your acceptance of these Terms, the App Provider - will have the right (and will be deemed to have accepted the - right) to enforce these Terms against you as a third-party - beneficiary thereof. - </LI> - <LI> - You represent and warrant that (i) you are not located in a - country that is subject to a U.S. Government embargo, or that - has been designated by the U.S. Government as a - terrorist-supporting country; and (ii) you are not listed on - any U.S. Government list of prohibited or restricted parties. - </LI> - <LI> - You must also comply with all applicable third-party terms of - service when using the App. - </LI> - </UL> - </LI> - </OL> - </LI> - <LI> - <STRONG> - General Prohibitions and Bluesky’s Enforcement Rights - </STRONG> - . You agree not to do any of the following: - <OL> - <LI> - Post, upload, publish, submit or transmit any content that: - (i) infringes, misappropriates or violates a third - party’s patent, copyright, trademark, trade secret, moral - rights or other intellectual property rights, or rights of - publicity or privacy; or (ii) violates any applicable law or - regulation or would give rise to civil liability; - </LI> - <LI> - Use, display, mirror or frame the Services, Bluesky’s name, - any Bluesky trademark, logo or other proprietary information, - without Bluesky’s express written consent; - </LI> - <LI> - Access, tamper with, or use non-public areas of the Services; - </LI> - <LI> - Attempt to probe, scan or test the vulnerability of any Bluesky - system or network or breach any security or authentication - measures without reporting such vulnerability or breach to - support@bsky.app, except as part of community testing initiatives - authorized by Bluesky; - </LI> - <LI> - Avoid, bypass, remove, deactivate, impair, descramble or otherwise - circumvent any technological measure implemented by Bluesky or any - of Bluesky’s providers or any other third party (including - another user) to protect the Services, including any service - protection or usage limits; - </LI> - <LI> - Attempt to access or search the Services or download content from - the Services using any engine, software, tool, agent, device or - mechanism (including spiders, robots, crawlers, data mining tools - or the like) that imposes unreasonable burdens on the Services or - that we otherwise deem abusive or harmful; - </LI> - <LI>Send any junk mail or spam;</LI> - <LI> - Use any meta tags or other hidden text or metadata utilizing a - Bluesky trademark, logo URL or product name without - Bluesky’s express written consent; - </LI> - <LI> - Use the Services, or any portion thereof, in any manner not - permitted by these Terms; - </LI> - <LI> - Interfere with, or attempt to interfere with, the access of any - user, host or network, including, without limitation, sending a - virus, overloading, flooding, spamming, or mail-bombing the - Services; - </LI> - <LI> - Collect or store any personally identifiable information from the - Services from other users of the Services without their - express permission; - </LI> - <LI> - Impersonate or misrepresent your affiliation with any person or - entity, claim a false affiliation, or misrepresent the source or - identity of content used through the Services; - </LI> - <LI> - You agree not to provide any information that is intended to - misinform, misdirect, mislead, or otherwise deceive any users of - the Services or any other third party; - </LI> - <LI>Violate any applicable law or regulation;</LI> - <LI> - Commercialize any User Content not in accordance with these Terms; - or - </LI> - <LI> - Directly or indirectly induce others to do any of the above. - </LI> - </OL> - <P> - Bluesky is not obligated to monitor access to or use of the Services - or to review or edit any content. However, we have the right to do - so for the purpose of operating the Services, to ensure compliance - with these Terms and to comply with applicable law or other legal - requirements. We reserve the right, but are not obligated, to remove - or disable access to any content, including User Content, at any - time and without notice, including, but not limited to, if we, at - our sole discretion, consider it objectionable or in violation of - these Terms. We have the right to investigate violations of these - Terms or conduct that affects the Services. We may also consult and - cooperate with law enforcement authorities to prosecute users who - violate the law. - </P> - </LI> - <LI> - <STRONG>DMCA/Copyright Policy.</STRONG> Bluesky respects copyright law - and expects its users to do the same. It is Bluesky’s policy to - terminate in appropriate circumstances account holders who repeatedly - infringe or are believed to be repeatedly infringing the rights of - copyright holders. Please see Bluesky’s Copyright Policy at{' '} - <A href="/support/copyright">bsky.app/support/copyright</A> for - further information. - </LI> - <LI> - <STRONG>Links to Third Party Websites or Resources.</STRONG> The - Services (including the Site, Protocol and App) may allow you to - access third-party websites or other resources. To the extent provided - by us, we provide access only as a convenience and are not responsible - for the content, products or services on or available from those - resources or links displayed on such websites. Users of the Services - may provide access through User Content to third-party websites or - other resources. To the extent provided by you, you hereby acknowledge - and agree that, as between you and Bluesky, you bear full - responsibility and liability in connection with such access by users - of the Services. You acknowledge sole responsibility for and assume - all risk arising from, your use of any third-party resources. You - further acknowledge that we have no responsibility to remove, add, - modify, or monitor User Content, including any access to third-party - websites or other resources contained in User Content. - </LI> - <LI> - <STRONG>Termination.</STRONG> We may terminate or suspend, in whole or - in part, your access to and use of the Services, including suspending - access to or terminating your account, at our sole discretion, at any - time and without notice to you. You may request deletion of your - account, which we will consider on a case-by-case basis, by emailing - support@bsky.app. Upon any termination, discontinuation or - cancellation of the Services or your account, the following Sections - will survive: 2, 7(a), 7(b), 7(d), 7(e), 7(f), 8, 10, 13, 14, 15, 16, - 17, 18 and 19. - </LI> - <LI> - <P> - <STRONG>Warranty Disclaimers.</STRONG> THE SERVICES ARE PROVIDED - “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING - THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT - AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF - DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES - WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, - SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE - QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR - RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. WE - ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT, OR ANY - COMMUNICATIONS, AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY - KIND IN REGARD TO USER CONTENT. - </P> - <P> - BLUESKY ASSUMES NO RESPONSIBILITY FOR ANY USER’S OR THIRD - PARTY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND - REGULATIONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR - OMISSION OF ANY USER OR OTHER THIRD PARTY. WE DO NOT AND CANNOT - CONTROL YOUR INTERACTION WITH ANY USER OR OTHER THIRD PARTY, AND WE - EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. - </P> - </LI> - <LI> - <STRONG>Indemnity.</STRONG> You will indemnify and hold harmless - Bluesky and its officers, directors, employees and agents, from and - against any claims, disputes, demands, liabilities, damages, losses, - and costs and expenses, including, without limitation, reasonable - legal and accounting fees arising out of or in any way connected with - (a) your access to or use of the Services, (b) your User Content, or - (c) your violation of these Terms. - </LI> - <LI> - <STRONG>Limitation of Liability.</STRONG> - <OL> - <LI> - For the purposes of this Section 16, “Bluesky”, - “we”, or “us” shall include Bluesky, its - subsidiaries, affiliates, investors, agents, and successors and - assigns. - </LI> - <LI> - TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BLUESKY NOR ANY - OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE - SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR - CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, - LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, - SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE - COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN - CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE - THE SERVICES OR FOR ANY ERROR OR DEFECT IN THE SERVICES, WHETHER - BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT - LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUESKY OR - ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH - DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE - FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT BLUESKY - SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY, - OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD - PARTY’S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT - SUCH CONTENT IS ACCESSED THROUGH THE SERVICES, AND THAT ANY RISK - OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. - </LI> - <LI> - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT - WILL BLUESKY’S TOTAL LIABILITY ARISING OUT OF OR IN - CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE - THE SERVICES EXCEED TWENTY DOLLARS ($20). - </LI> - <LI> - THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE - FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUESKY - AND YOU. - </LI> - </OL> - </LI> - <LI> - <STRONG>Governing Law and Forum Choice.</STRONG> These Terms and any - action related thereto will be governed by the Federal Arbitration - Act, federal arbitration law, and the laws of the State of Delaware, - without regard to its conflict of laws provisions. Except as otherwise - expressly set forth in Section 17 “Dispute Resolution,” - the exclusive jurisdiction for all Disputes (defined below) that you - and Bluesky are not required to arbitrate will be the state and - federal courts located in Delaware, and you and Bluesky each waive any - objection to jurisdiction and venue in such courts. - </LI> - <LI> - <STRONG>Dispute Resolution.</STRONG> - <OL> - <LI> - <EM>Mandatory Arbitration of Disputes</EM>. We each agree that any - dispute, claim or controversy arising out of or relating to these - Terms or the breach, termination, enforcement, interpretation or - validity thereof or the use of the Services (collectively, - “Disputes”) will be resolved solely by binding, - individual arbitration and not in a class, representative or - consolidated action or proceeding . You and Bluesky agree that the - U.S. Federal Arbitration Act governs the interpretation and - enforcement of these Terms, and that you and Bluesky are each - waiving the right to a trial by jury or to participate in a class - action. This arbitration provision shall survive termination of - these Terms. - </LI> - <LI> - <EM>Exceptions</EM>. As limited exceptions to Section 18 (a) - above: (i) we both may seek to resolve a Dispute in small - claims court if it qualifies; and (ii) we each retain the right to - seek injunctive or other equitable relief from a court to prevent - (or enjoin) the infringement or misappropriation of our - intellectual property rights. - </LI> - <LI> - <P> - <EM>Conducting Arbitration and Arbitration Rules</EM>. The - arbitration will be conducted by the American Arbitration - Association (“AAA”) under its Consumer Arbitration - Rules (the “AAA Rules”) then in effect, except as - modified by these Terms. The AAA Rules are available at{' '} - <A href="https://www.adr.org">www.adr.org</A> or by calling - 1-800-778-7879. A party who wishes to start arbitration must - submit a written Demand for Arbitration to AAA and give notice - to the other party as specified in the AAA Rules. The AAA - provides a form Demand for Arbitration at{' '} - <A href="http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175"> - www.adr.org - </A> - . - </P> - <P> - Any arbitration hearings will take place in the county (or - parish) where you live, unless we both agree to a different - location. The parties agree that the arbitrator shall have - exclusive authority to decide all issues relating to the - interpretation, applicability, enforceability and scope of this - arbitration agreement. - </P> - </LI> - <LI> - <EM>Arbitration Costs</EM>. Payment of all filing, administration - and arbitrator fees will be governed by the AAA Rules. If we - prevail in arbitration we’ll pay all of our attorneys’ - fees and costs and won’t seek to recover them from you. If - you prevail in arbitration you will be entitled to an award of - attorneys’ fees and expenses to the extent provided under - applicable law. - </LI> - <LI> - <EM>Injunctive and Declaratory Relief</EM>. Except as provided in - Section 18(b) above, the arbitrator shall determine all issues of - liability on the merits of any claim asserted by either party and - may award declaratory or injunctive relief only in favor of the - individual party seeking relief and only to the extent necessary - to provide relief warranted by that party’s individual - claim. To the extent that you or we prevail on a claim and seek - public injunctive relief (that is, injunctive relief that has the - primary purpose and effect of prohibiting unlawful acts that - threaten future injury to the public), the entitlement to and - extent of such relief must be litigated in a civil court of - competent jurisdiction and not in arbitration. The parties agree - that litigation of any issues of public injunctive relief shall be - stayed pending the outcome of the merits of any individual claims - in arbitration. - </LI> - <LI> - <EM>Class Action Waiver</EM>. YOU AND BLUESKY AGREE THAT EACH MAY - BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL - CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED - CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ - Dispute is resolved through arbitration, the arbitrator may not - consolidate another person’s claims with your claims, and - may not otherwise preside over any form of a representative or - class proceeding. If this specific provision is found to be - unenforceable, then the entirety of this Dispute Resolution - section shall be null and void. - </LI> - <LI> - <EM>Severability</EM>. With the exception of any of the provisions - in Section 18(f) of these Terms (“Class Action - Waiver”), if an arbitrator or court of competent - jurisdiction decides that any part of these Terms is invalid or - unenforceable, the other parts of these Terms will still apply. - </LI> - </OL> - </LI> - <LI> - <STRONG>General Terms.</STRONG> - <OL> - <LI> - <EM>Entire Agreement</EM>. These Terms constitute the entire and - exclusive understanding and agreement between Bluesky and you - regarding the Services and Content, and these Terms supersede and - replace all prior oral or written understandings or agreements - between Bluesky and you regarding the Services and Content. If any - provision of these Terms is held invalid or unenforceable by an - arbitrator or a court of competent jurisdiction, that provision - will be enforced to the maximum extent permissible and the other - provisions of these Terms will remain in full force and effect. - You may not assign or transfer these Terms, by operation of law or - otherwise, without Bluesky’s prior written consent. Any - attempt by you to assign or transfer these Terms, without such - consent, will be null. Bluesky may freely assign or transfer these - Terms without restriction. Subject to the foregoing, these Terms - will bind and inure to the benefit of the parties, their - successors and permitted assigns. - </LI> - <LI> - <EM>Notices</EM>. Any notices or other communications provided by - Bluesky under these Terms will be given: (i) via email; or - (ii) by posting to the Services. For notices made by email, - the date of receipt will be deemed the date on which such notice - is transmitted. - </LI> - <LI> - <EM>Waiver of Rights</EM>. Bluesky’s failure to enforce any - right or provision of these Terms will not be considered a waiver - of such right or provision. The waiver of any such right or - provision will be effective only if in writing and signed by a - duly authorized representative of Bluesky. Except as expressly set - forth in these Terms, the exercise by either party of any of its - remedies under these Terms will be without prejudice to its other - remedies under these Terms or otherwise. - </LI> - </OL> - </LI> - <LI> - <STRONG>Contact Information.</STRONG> If you have any questions about - these Terms or the Services, please contact Bluesky at: - support@bsky.app. - </LI> - </OL> - </> - ) -} |