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Last Updated: April 6, 2023

Welcome to the Bluesky, PBLLC d.b.a. Bluesky (“Bluesky”, “we”, or “us”) website located at{' '} bsky.social (“Site”), the Authenticated Transfer social protocol (“Protocol”) and our mobile application (“App”). Please read these Terms of Service (the “Terms”) and our{' '} Privacy Policy{' '} (“Privacy Policy”) carefully because they govern your use of our Site, Protocol, App, and our content accessible therein. In addition, please read the{' '} Bluesky Community Guidelines {' '} (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.

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.

  1. Agreement to Terms. 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.
  2. Acknowledgment of Beta Services. 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.
  3. Privacy Policy. Please refer to our{' '} Privacy Policy 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.
  4. Changes to these Terms or the Services. 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.{' '}
  5. Who May Use the Services?
    1. Eligibility. 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.
    2. Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”) via the Services.
    3. Accuracy of Account Information. 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.
  6. Feedback. 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.
  7. Content Ownership, Responsibility and Removal.
    1. Definitions. For purposes of these Terms: (i){' '} “Content” 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) “User Content”{' '} 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.
    2. Our Content Ownership. 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.
    3. Rights in Content Granted by Bluesky. 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.{' '}
    4. Rights in User Content Granted by You to Us. 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.
    5. Name, Likeness, Other Personal Rights. 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.
    6. Your Responsibility for User Content. 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.
    7. Removal of User Content. 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.
  8. Respecting Others’ User Content. 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.
  9. Rights and Terms for Apps.
    1. Rights in App Granted by Bluesky. 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).
    2. Accessing App from App Store. 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:
      • 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.
      • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • You must also comply with all applicable third-party terms of service when using the App.
  10. General Prohibitions and Bluesky’s Enforcement Rights . You agree not to do any of the following:
    1. 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;
    2. Use, display, mirror or frame the Services, Bluesky’s name, any Bluesky trademark, logo or other proprietary information, without Bluesky’s express written consent;
    3. Access, tamper with, or use non-public areas of the Services;
    4. 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;
    5. 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;
    6. 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;
    7. Send any junk mail or spam;
    8. 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;
    9. Use the Services, or any portion thereof, in any manner not permitted by these Terms;
    10. 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;
    11. Collect or store any personally identifiable information from the Services from other users of the Services  without their express permission;
    12. 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;
    13. 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;
    14. Violate any applicable law or regulation;
    15. Commercialize any User Content not in accordance with these Terms; or
    16. Directly or indirectly induce others to do any of the above.

    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.

  11. DMCA/Copyright Policy. 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{' '} bsky.app/support/copyright for further information.
  12. Links to Third Party Websites or Resources. 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.
  13. Termination. 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.
  14. Warranty Disclaimers. 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.

    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.

  15. Indemnity. 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.
  16. Limitation of Liability.
    1. For the purposes of this Section 16, “Bluesky”, “we”, or “us” shall include Bluesky, its subsidiaries, affiliates, investors, agents, and successors and assigns.
    2. 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.
    3. 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).
    4. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUESKY AND YOU.
  17. Governing Law and Forum Choice. 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.
  18. Dispute Resolution.
    1. Mandatory Arbitration of Disputes. 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.
    2. Exceptions. 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.
    3. Conducting Arbitration and Arbitration Rules. 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{' '} www.adr.org 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{' '} www.adr.org .

      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.

    4. Arbitration Costs. 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.
    5. Injunctive and Declaratory Relief. 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.
    6. Class Action Waiver. 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.
    7. Severability. 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.
  19. General Terms.
    1. Entire Agreement. 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.
    2. Notices. 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.
    3. Waiver of Rights. 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.
  20. Contact Information. If you have any questions about these Terms or the Services, please contact Bluesky at: support@bsky.app.
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