This User Agreement (“User Agreement”) is a legal agreement between you or an entity that you are representing (“you,” “your”) and All Famous Holdings, Inc. (“we,” “our” or “us”). This User Agreement governs your use of our Services and of any third party services provided by other parties through or in connection with our Services (“Third-Party Services”). Examples of Third-Party Services include Content Creator Services that may be provided by a Content Creator, as further described below.
This User Agreement is subject to the Terms and Conditions agreement (the “Agreement”) and is incorporated and made a part of the Agreement. In the event of any conflict between this User Agreement and the Agreement, this User Agreement will prevail to the extent expressly provided in this User Agreement, otherwise the Agreement will prevail. All capitalized terms used in this User Agreement and not defined here are as defined in the Agreement.
If you choose to use our Services or any Third-Party Services, you agree to this User Agreement and to the Agreement. This User Agreement and the Agreement govern your use of the Services and all Third-Party Services. Your use of the Services and/or any Third-Party Services automatically indicates and constitutes your acceptance of this User Agreement and of the Agreement.
SECTION 12 OF THE AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO FILE A LAWSUIT AND OF YOUR RIGHT TO A TRIAL BY JURY, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. THESE ARE IMPORTANT RIGHTS THAT YOU CHOOSE TO WAIVE WHEN YOU ENTER INTO THIS USER AGREEMENT AND IN THE AGREEMENT. PLEASE REVIEW SECTION 12 OF THE AGREEMENT BEFORE YOU CHOOSE TO USE THE SERVICES OR ANY THIRD-PARTY SERVICES.
1. Content Creator Services.
The Third-Party Services available to you through the Services include Content Creator Services that are made available by one or more Content Creators. The Content Creators are subject to the Content Creator Agreement, which is available on our website. You may want to familiarize yourself with the Content Creator Agreement before using any Content Creator Services to better understand how Content Creators operate in connection with our Services. You should also read carefully the description of any Content Creator Services that you choose to receive in connection with our Services. The following provisions will apply to your use of the Content Creator Services:
a. Please help us create a pleasant experience for everyone when operating within our ecosystem. You agree to use the Content Creator Services and to engage with Content Creators in a professional manner.
b. You represent and warrant to us and to each Content Creator that that when you choose to sign up and receive any Content Creator Services, (i) your conduct and interactions with the Content Creator will be professional and respectful, (ii) you will not transmit, convey or transmit any content that is prohibited, offensive or otherwise objectionable to the Content Creator, (iii) will not infringe the intellectual property rights of any party, and (iv) will not violate any applicable law or regulation.
c. Once you sign up and agree to receive Content Creator Services from a Content Creator, you agree to pay the respective fees in full and in accordance with the instructions received from the Content Creator or as otherwise directed by our Services. To the extent that your payments and/or receipt of the Content Creator Services also trigger any tax payment obligation for you under applicable laws or regulations, you agree to also pay the respective taxes (which may include sales, use, or other similar taxes or charges).
d. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, EACH CONTENT CREATOR, TOGETHER WITH US AND OUR AFFILIATED ENTITIES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE CONTENT CREATOR SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. NEITHER ANY CONTENT CREATOR, NOR WE OR ANY OF OUR AFFILIATED ENTITIES WARRANT THAT THE CONTENT CREATOR SERVICES AND DATA PROCESSED THROUGH THE CONTENT CREATOR SERVICES ARE SECURE, ACCURATE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF ANY OF THESE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU OR ARE VOID WITH RESPECT TO YOU UNDER ANY APPLICABLE LAWS OR REGULATIONS, THE RESPECTIVE WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY THOSE LAWS AND REGULATIONS.
e. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND CUMULATIVE LIABILITY OVER THE LIFE OF THIS USER AGREEMENT THAT WE AND OUR AFFILIATED ENTITIES, TOGETHER WITH EACH CONTENT CREATOR WILL HAVE TO YOU WITH RESPECT TO ANY CONTENT CREATOR SERVICES PROVIDED OR SCHEDULED TO BE PROVIDED BY SUCH CONTENT PROVIDER OVER THE LIFE OF THIS USER AGREEMENT, FOR ALL CLAIMS, BREACHES AND ALL OTHER LIABILITIES ARISING OUT OF OR OTHERWISE RELATING TO THIS USER AGREEMENT AND THE RESPECTIVE CONTENT CREATOR SERVICES, SHALL BE LIMITED AT EACH POINT IN TIME TO THE NET AMOUNT THAT THE CONTENT CREATOR RECEIVED FROM YOU FOR THE RESPECTIVE CONTENT CREATOR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH POINT IN TIME. EXCEPT TO THE EXTENT THAT APPLICABLE LAWS DO NOT PERMIT THIS DISCLAIMER, EACH CONTENT CREATOR, AND WE AND OUR AFFILIATED ENTITIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, DATA CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS OR INVESTMENT.
2. Disputes and Applicable Law.
a. Your use of and access to the Services and Third-Party Services, and this User Agreement are at all times subject to the Agreement, including Section 10 (Liability and Disclaimers) pursuant to which we limit our liability in connection will the Services (including the Third-Party Services), and Section 12 (Disputes and Application Law) pursuant to which you agree to binding arbitration and you waive your right to act as a plaintiff or otherwise participate in a class action.
b. You acknowledge and agree that we would not provide to you access to the User Services if you had not agreed to all of the terms and conditions of the Agreement, including the applicable law, arbitration and waiver of class action specified in Sections 10 and 12 of the Agreement.
All Famous Holdings Inc. 100 Sharp Road, Marlton NJ 08053 Support@AllFamous.Com
