path: root/src/locale/en/terms-of-service.tsx

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:&nbsp;April 6, 2023</H4>
      <P>
        Welcome to the Bluesky, PBLLC d.b.a. Bluesky (&ldquo;Bluesky&rdquo;,
        &ldquo;we&rdquo;, or &ldquo;us&rdquo;) website located at{' '}
        <A href="https://bsky.app/">bsky.social</A> (&ldquo;Site&rdquo;), the
        Authenticated Transfer social protocol (&ldquo;Protocol&rdquo;) and our
        mobile application (&ldquo;App&rdquo;). Please read these Terms of
        Service (the &ldquo;Terms&rdquo;) and our{' '}
        <A href="https://bsky.app/support/privacy">Privacy Policy</A>{' '}
        (&ldquo;Privacy Policy&rdquo;) 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 &ldquo;Bluesky Community Guidelines&rdquo;), 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 &ldquo;Services.&rdquo; 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 &ldquo;DISPUTE
        RESOLUTION&rdquo; 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 &lrm;18
        WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION &lrm;17
        &ldquo;GOVERNING LAW AND FORUM CHOICE&rdquo; 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&rsquo;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,
          &ldquo;you&rdquo; and &ldquo;your&rdquo; 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 &nbsp;sole discretion. If we do,
          we&rsquo;ll let you know by posting the updated Terms on the Site,
          Protocol or the App and may also send other communications. It&rsquo;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&rsquo;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&rsquo;ll have to create an
              account (&ldquo;Account&rdquo;) via the Services.
            </LI>
            <LI>
              <EM>Accuracy of Account Information</EM>. It&rsquo;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&rsquo;t, we might have to
              suspend or terminate your Account. You agree that you won&rsquo;t
              disclose your Account password to anyone and you&rsquo;ll notify
              us immediately of any unauthorized use of your Account.
              You&rsquo;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 (&ldquo;Feedback&rdquo;).
          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>&ldquo;Content&rdquo;</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>&ldquo;User Content&rdquo;</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&rsquo; 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 &ldquo;Bluesky Parties&rdquo;) 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&rsquo;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&rsquo;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&rsquo;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&rsquo; 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 (&ldquo;Communications&rdquo;),
          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)&nbsp;copy, modify or create
              derivative works based on the App; (ii)&nbsp;sublicense, lease,
              lend or rent the App to any third party; (iii)&nbsp;decompile or
              disassemble the App; or (iv)&nbsp;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 &ldquo;App
              Provider&rdquo;). 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)&nbsp;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&rsquo;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&rsquo;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)&nbsp;infringes, misappropriates or violates a third
              party&rsquo;s patent, copyright, trademark, trade secret, moral
              rights or other intellectual property rights, or rights of
              publicity or privacy; or (ii)&nbsp;violates any applicable law or
              regulation or would give rise to civil liability;
            </LI>
            <LI>
              Use, display, mirror or frame the Services, Bluesky&rsquo;s name,
              any Bluesky trademark, logo or other proprietary information,
              without Bluesky&rsquo;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&rsquo;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&rsquo;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&nbsp; 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&rsquo;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&rsquo;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
            &ldquo;AS IS,&rdquo; 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. &nbsp;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&rsquo;S OR THIRD
            PARTY&rsquo;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, &ldquo;Bluesky&rdquo;,
              &ldquo;we&rdquo;, or &ldquo;us&rdquo; 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&rsquo;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&rsquo;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 &ldquo;Dispute Resolution,&rdquo;
          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,
              &ldquo;Disputes&rdquo;) 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)&nbsp;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 (&ldquo;AAA&rdquo;) under its Consumer Arbitration
                Rules (the &ldquo;AAA Rules&rdquo;) 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&rsquo;ll pay all of our attorneys&rsquo;
              fees and costs and won&rsquo;t seek to recover them from you. If
              you prevail in arbitration you will be entitled to an award of
              attorneys&rsquo; 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&rsquo;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&rsquo;
              Dispute is resolved through arbitration, the arbitrator may not
              consolidate another person&rsquo;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 (&ldquo;Class Action
              Waiver&rdquo;), 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&rsquo;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)&nbsp;via email; or
              (ii)&nbsp;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&rsquo;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>
    </>
  )
}