Last updated: Feb 18th 2021
SubmissiveTask.com ("Website") is a social media website and application service that allows Models to upload photos and videos to their profile, and Users to interact with those Models via private message, photographs and the Models earn money by having Users complete certain assigned tasks (“Model Content”) as well as uploading and posting videos and photos ("Service"). SubmissiveTask.com is operated by 440 Ventures LLC with an address of 1445 Woodmont Ln NW #441, Atlanta GA 30318 (“440,” “We” or “Us”).
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
MATERIAL TERMS: As provided in greater detail in these Terms, you acknowledge the following:
(a) the Service is licensed, not sold to you, and that you may use the Service only as set forth in this Agreement;
(b) the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for text messages, data usage and overage, which are your sole responsibility.
The Service presents pictures of semi-nude and nude females and audiovisual works depicting semi-nude and nude females. You understand that by using this Service, and by merely accessing this Website, you may be exposed to content that is offensive, indecent, or objectionable.
440 is not a talent agent and is not licensed under the Labor Code of the State of California as a talent agent or as an employment agent or otherwise under the Business and Professions Code of the State of California, or as a theatrical employment agency or other employment agency under the General Business Law of the State of New York, or as any of the foregoing under the laws of any State including the State of Arizona, and 440 has not promised to procure employment or engagements for any of its performers.
All proper model releases, permission to use images, as well as age verification of all performers are maintained as required by the Federal Government and pursuant to 18 U.S.C. §2257 and the person responsible for maintaining the records is located at 5535 Canoga Avenue #122 Woodland Hills, CA 91367.
The Website and Service is provided “as is” without warranties of any kind and 440’s liability to you is limited.
SCOPE OF LICENSE. The Service is licensed, not sold, to you for use only under the terms of this agreement, complete and ongoing compliance with the terms of this agreement. 440 hereby grants you a personal, limited, revocable, non-transferable license to use the Service on a single compatible device that you own or control, solely for your own private, personal, non-commercial use. You may not make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, redistribute or sublicense the Service. You may not attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach these license restrictions or the restrictions, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this agreement will govern any updates provided to you by 440 that replace and/or supplement the original Terms, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By continuing to use SubmissiveTask.com after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By using SubmissiveTask.com you consent to receiving communications from us and the Models electronically, emails, direct or private messages and other messages posted to your SubmissiveTask.com account,
We reserve the right at any time and without notice to:
(a) modify, suspend or terminate the Service or any portion thereof;
(b) restrict, limit, suspend or terminate your access to the Service or any portion thereof;
(c) delete any content you post on SubmissiveTask.com if in our reasonable opinion it does not comply with these Terms and/or applicable law;
(d) monitor your use of the Service (including any content or message you text, post or broadcast on SubmissiveTask.com) to verify compliance with these Terms and/or any applicable law;
(e) investigate any suspected or alleged misuse or unlawful use of the Service and cooperate with law enforcement in such investigation;
(f) disclose information about your use of the Service in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
(g) change the payment or payout processor that enables you to make or receive payments as a User.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
MOBILE SERVICES. The Service includes certain services that are available via a mobile device, including (a) the ability to browse the Service from a mobile device; and (b) the ability to private message Models via a mobile device (collectively, the “Mobile Services”). To the extent that you access the Service through a mobile device, your wireless service carrier’s standard charges, text message rates, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges. In addition, your carrier may restrict downloading, installing, or using certain Mobile Services, and not all Mobile Services may work with all carriers or devices.
SERVICE SECURITY. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at 440’s sole discretion. 440 reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service. You agree to promptly notify 440 if you learn or reasonably suspect that any security breach related to the Service has occurred.
ACCURACY OF INFORMATION. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.
ACCOUNT DEACTIVATION. Should you wish to deactivate your SubmissiveTask.com account, please contact customer support at firstname.lastname@example.org to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.
SUBSCRIPTIONS. You may sign up for either a monthly, or annual paid Subscription to the Service at any time. You will be required to register an account with 440 and you will gain full access to Content made available through the Service as long as you maintain an active Subscription.
FEES AND PAYMENT TERMS. A. SUBSCRIPTION FEES. THE TERMS BELOW APPLY TO SUBSCRIPTIONS MADE AVAILABLE THROUGH THE SERVICE (“PAYMENT TERMS”). IF YOU ARE A SUBSCRIBER, THEN YOU AGREE TO PAY THE SUBSCRIPTION FEE (DEFINED BELOW) ON A TIMELY BASIS.
B. PAYMENT TERMS. 1) BY USING THE SERVICE, OR BY REGISTERING FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE PAYMENT TERMS, AS MAY BE AMENDED BY 440 FROM TIME TO TIME AT OUR DISCRETION.
2) WE ACCEPT VARIOUS FORMS OF PAYMENT, AS SET FORTH ON THE WEBSITE FROM TIME TO TIME. WE DO NOT ACCEPT CASH OR CHECKS. PAYMENTS ARE PROCESSED BY OUR THIRD-PARTY PAYMENT PROCESSOR(S).
3) THE DAY WHEN YOU REGISTER FOR AND PURCHASE OR ACTIVATE YOUR SUBSCRIPTION (“ACTIVATION DATE”) IS THE FIRST DAY OF YOUR BILLING CYCLE. BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORIZE OUR PAYMENT PROCESSOR TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES, AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“SUBSCRIPTION FEE”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY APPLICABLE FEDERAL, STATE, PROVINCIAL, VAT OR MUNICIPAL TAXES OR DUTIES.
4) UNLESS YOU NOTIFY US OF YOUR DECISION TO TERMINATE YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM AT THE THEN- CURRENT SUBSCRIPTION FEE. A RENEWED SUBSCRIPTION WILL HAVE THE SAME TERM AS THE IMMEDIATELY PRECEDING SUBSCRIPTION. AT THE TIME OF RENEWAL, YOUR PAYMENT METHOD WILL BE CHARGED THE SUBSCRIPTION FEE.
5) YOUR PAYMENT METHOD WILL BE CHARGED FOR THE RENEWAL TERM OF YOUR SUBSCRIPTION ON YOUR BILLING DATE (“BILLING DATE”), BASED ON THE TYPE OF SUBSCRIPTION (E.G., ON A PARTICULAR DATE EACH MONTH FOR A MONTHLY SUBSCRIPTION). IF, HOWEVER, THE ACTIVATION DATE OF YOUR SUBSCRIPTION IS ON THE 29TH, 30TH OR 31ST DAY OF A MONTH, AND YOUR BILLING DATE DOES NOT EXIST IN A PARTICULAR MONTH BECAUSE THERE ARE FEWER THAN THIRTY-ONE (31) DAYS IN THE MONTH PAYMENT IS DUE, THEN YOUR BILLING DATE FOR THAT PARTICULAR RENEWAL WILL BE ON THE LAST DAY OF THE MONTH IN WHICH YOUR BILLING DATE WOULD OTHERWISE BE. THE SUBSCRIPTION FEE IS PAYABLE IN U.S. DOLLARS ONLY.
6) IF YOU FAIL TO PAY THE APPLICABLE SUBSCRIPTION FEE WHEN DUE, THEN YOUR ACCOUNT MAY BE DOWNGRADED, SUSPENDED OR CANCELLED, AT 440’S SOLE DISCRETION. IF YOUR ACCOUNT IS SUSPENDED, THEN 440 MAY, BUT IS NOT OBLIGATED TO, MAINTAIN YOUR ACCOUNT AND/OR RELATED CONTENT AND INFORMATION, IN ORDER TO ALLOW YOU TO PAY THE PAST-DUE CHARGES AND RESTORE YOUR ACCOUNT. IF THE CHARGES ARE NOT PAID, THEN YOUR ACCOUNT MAY BE CANCELLED.
7) YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME FOR ANY OR NO REASON. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO THE FULL SERVICE UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE. TO CANCEL AN ONGOING SUBSCRIPTION, PLEASE CONTACT US AT SUPPORT@SUBMISSIVETASK.COM. ONCE YOU HAVE CANCELLED YOUR SUBSCRIPTION, WE WILL STOP BILLING YOUR APPLICABLE PAYMENT METHOD. IF YOU RESIDE IN A COUNTRY THAT IS PARTY OF THE EUROPEAN UNION AND PURCHASED A SUBSCRIPTION, YOU MAY CANCEL YOUR SUBSCRIPTION AND RECEIVE A FULL REFUND OF YOUR SUBSCRIPTION FEE WITHIN 14 DAYS OF THE ACTIVATION DATE, BUT ONLY IF YOU HAVE NOT LOGGED IN OR OTHERWISE ACTIVATED YOUR SUBSCRIPTION.
8) WE RESERVE THE RIGHT TO CHANGE 440’S SUBSCRIPTION FEE OR PRICES AT ANY TIME IN OUR SOLE DISCRETION. IF 440 DOES CHANGE the SUBSCRIPTION FEE OR PRICES, THEN WE WILL PROVIDE NOTICE OF THE CHANGE IN AN EMAIL TO YOU AT LEAST THIRTY (30) DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. YOUR CONTINUED USE OF THE SERVICES AFTER THE PRICE CHANGE BECOMES EFFECTIVE CONSTITUTES YOUR AGREEMENT TO PAY THE CHANGED AMOUNT.
(a) Third Party Advertisements. 440 may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third-party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. 440 does not endorse or represent such third parties, and by using the Service, you agree that 440 is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.
(b) Third Party Sites. The Service may also include links to third party websites or third-party services that are not owned or operated by 440 (collectively, “Third-Party Sites”). 440 does not endorse or represent such third parties and 440 is not responsible for the availability of these Third-Party Sites, or any products, services and/or content contained therein. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Sites. Certain functionalities of the Service may also require that you agree to additional terms and conditions of Third-Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third-Party Sites.
CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU. A. User Content. This Section governs any material that you post, text, send or transmit (collectively, “Post”) through the Service, including, by way of example and not limitation, photographs, graphics, images, text, musical works, sound recordings, digital phonorecord deliveries, and any other content, materials or works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws (collectively, “User Content”). You are solely responsible for securing the rights to any and all User Content you Post to or through the Service.
(a) License Grants to 440 and other Users. BY POSTING USER CONTENT TO OR THROUGH THE SERVICE, YOU HEREBY GRANT TO 440 (AND 440’S ASSIGNEES, DESIGNEES, SUCCESSORS, LICENSEES, AND SUB-LICENSEES) AN UNRESTRICTED, PERPETUAL, ASSIGNABLE, SUBLICENSABLE, REVOCABLE, ROYALTY-FREE, FULLY PAID UP LICENSE THROUGHOUT THE WORLD TO REPRODUCE, MODIFY, DISTRIBUTE, DISPLAY, PUBLISH, TRANSMIT, COMMUNICATE TO THE PUBLIC, MAKE AVAILABLE, BROADCAST, CREATE DERIVATIVE WORKS FROM, PUBLICLY PERFORM (INCLUDING ON A THROUGH-TO-THE AUDIENCE BASIS), DELIVER AND PUBLICLY PERFORM DIGITAL PHONORECORDS, AND OTHERWISE USE AND EXPLOIT (COLLECTIVELY, “USE”) ALL USER CONTENT YOU POST TO OR THROUGH THE SERVICE, THROUGH ANY MEDIA AND FORMATS NOW KNOWN OR HEREAFTER DEVELOPED, IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, (A) IN CONNECTION WITH OR ON ANY THIRD PARTY SITES AND PLATFORMS WHERE THE SERVICE IS SYNDICATED; AND (B) TO ADVERTISE, MARKET AND PROMOTE THE AVAILABILITY OF USER CONTENT AND THE SERVICE. BY WAY OF EXAMPLE ONLY AND WITHOUT LIMITING THE FOREGOING LICENSE, 440 WILL HAVE THE RIGHT TO INSERT, PLACE OR INCLUDE ALL TYPES OF ADVERTISEMENTS WITHIN OR AROUND USER CONTENT, INCLUDING, WITHOUT LIMITATION, RUNNING OR STREAMING PRE-ROLLS, MID-ROLLS, POST-ROLLS, DISPLAY ADS, OVERLAYS, BANNERS, CAMPAIGN AND COMPANION ADS AND ANY OTHER TYPE OF ADVERTISING, WHETHER AUDIO, VISUAL, OR AUDIOVISUAL UNITS IN CONNECTION WITH USER CONTENT. NOTWITHSTANDING THE PRECEDING SENTENCES OF THIS SECTION, IF YOU REMOVE ANY OF YOUR USER CONTENT USING FUNCTIONALITIES AVAILABLE THROUGH THE SERVICE, THEN YOU AGREE TO, AND HEREBY DO GRANT, 440 A PERPETUAL AND IRREVOCABLE LICENSE TO USE ANY BACKUP COPIES OF YOUR USER CONTENT THAT 440 MADE PRIOR TO YOUR REMOVAL OF YOUR USER CONTENT AND IN THE ORDINARY COURSE OF BUSINESS.
(b) License for Name, Image, Voice, and Likeness. You further hereby grant 440 a royalty-free license to Use your name, image, voice, trademarks, logos, monikers, and likeness (and that of any person identifiable in any User Content you posted to or through the Service) made available by or on your behalf through the Service in conjunction with your User Content. The foregoing license in the immediately preceding sentence will survive the termination of your account with respect to any of your User Content Posted to the Service prior to such termination.
(c) Limited Waiver of Rights. You waive any and all rights of privacy, rights of publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content Posted to the Service, during the term of this agreement. You expressly release 440 and all of 440’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, right to publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in this agreement.
(d) Representations and Warranties with Respect to Your User Content. Except for materials provided to you by 440 through the Service, you represent, warrant, and covenant that (1) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to 440 the rights in your User Content as contemplated under this Subscription Agreement; and (2) neither your User Content nor your creation of, accessing, posting, submission or transmission of your User Content will (x) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (y) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (z) require 440 to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
(e) Proof of Rights Clearance. 440 may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of your User Content that you Post to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by 440 in its sole discretion), then 440 may remove some or all of your User Content from the Service and/or terminate your account, without any liability to you. You are solely responsible for keeping copies of such evidence.
USE RESTRICTIONS. Your rights to use the Service and the SubmissiveTask.com Model are expressly conditioned on the following:
(a) You may access the Service for your personal entertainment purposes only solely as intended through the provided functionality of the Service and as permitted under this Agreement.
(b) You may not copy, distribute, re-sell, alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or any of the Model Content.
(c) You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or Model Content without 440’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without 440’s prior express written consent:
1) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
2) using any trademarks, service marks, design marks, logos, photographs or other content belonging to 440 or obtained from the Models using the Service.
(d) You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Model Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
(e) You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or Model Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this Subscription Agreement, the authorized features of the Service or Model Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by 440.
(f) You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Model Content, or any portion thereof, through any other application or website, unless and solely to the extent 440 makes available the means for embedding any part of the Service or the Model Content.
(g). You agree not to access, tamper with, or use non-public areas of the Service, 440’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of 440’s providers.
(h) You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including 440 employees.
(i) You agree not to provide any false personal information to 440.
(j) You agree not to create a false identify or impersonate another person or entity in any way.
(k) You agree not to create a new account with SubmissiveTask.com, without 440’s express written consent if 440 has previously disabled, suspended or terminated an account of yours for any reason whatsoever.
(l) You agree not to solicit, or attempt to solicit, personal information from other Users.
(m) You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users of the Service.
(n) You agree not to use the Service, without 440’s express written consent, for any commercial purpose, including reselling, distributing, or communicating or facilitating any commercial advertisement or solicitation.
(o) You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
(p) You agree not to Post, transmit or otherwise make available, including in any of your User Content, any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
(q) You agree not to Post any User Content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by 440 in its sole discretion.
(r) You agree not to Post any User Content that does or could be claimed to infringe any third party intellectual property or other rights, including the rights of privacy, publicity and confidentiality.
(s) You agree not to interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
(t) You agree not to violate any applicable federal, state or local laws or regulations (including, without limitation, any traffic laws and rules applicable when you use the Service in a vehicle) or this agreement through the use of the Service.
(u) You agree not to assist or permit any persons in engaging in any of the activities described above.
(v) You agree not to use the Service to offer or solicit sexual services or favors, whether paid or unpaid.
The SubmissiveTask.com name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
INDEMNITY. You agree to indemnify and hold 440, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service, or Model Content; (b) your User Content; or (c) your violation of this agreement. 440 will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if 440 is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding 440’s inability to contact you in a timely manner. 440 reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests to assist 440’s defense of such matter. You agree not to settle any matter without the prior express written consent of 440.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR MODEL CONTENT), ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND 440X HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR MODEL CONTENT), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 440 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER APPLICATIONS ON THE DEVICE ON WHICH THE SERVICE IS ACCESSED OR INSTALLED, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 440 OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS SUBSCRIPTION AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL 440 OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR MODEL CONTENT), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF 440 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL 440’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO 440 IN THE PRECEDING 12 MONTHS; OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
THIRD PARTY DISPUTES. 440 IS NOT AFFILIATED WITH ANY MOBILE CARRIER, RADIO STATION OR OTHER THIRD PARTY SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY SUCH THIRD PARTY SERVICE PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE 440 (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION. Please read this carefully. It affects your rights. YOU AND 440 AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
(a) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, if you do not provide a mailing address to 440, to you via any other method available to 440, including via e-mail. The Notice to 440 should be addressed to 440. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and 440 do not reach an agreement to resolve the claim within 90 days after the Notice is received, then you or 440 may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. You are solely responsible for the payment of the filing fee.
(b) Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and 440 agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) NO CLASS ACTIONS. YOU AND 440 AGREE THAT YOU AND 440 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, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ONLY THIS SECTION OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
(d) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 180 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this agreement.
(e) Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of the agreement by 440 or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against 440, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this agreement.
GOVERNING LAW. The laws of the State of Georgia, excluding its conflicts of law rules, govern your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum. Any lawsuit filed in federal court shall be brought in the United States District Court for the Northern District of Georgia. PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
RECOVERY OF EXPENSES. In any proceedings between the parties arising out of or relating to claims of intellectual property infringement, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of section, “prevailing party” means, for any proceedings, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
JURY TRIAL WAIVER. Each party hereby waives its right to a trial by jury in any claims arising out of or relating to the subject matter of this agreement. Either party may enforce this waiver up to and including the first day of trial.
ASSIGNMENT. You may not assign this agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of 440. This means that in the event you dispose of any device on which you have installed the Service, such as by sale or gift, you are responsible for deleting the Service from your mobile device prior to such disposition. 440 may assign this agreement, including all its rights hereunder, without restriction. Any assignment in violation of this Section is void.
Your access to this Website and access to and use of the Service is governed by and conditioned on your express consent to this agreement. You have thoroughly reviewed this agreement to your satisfaction. By clicking on the “JOIN” button, you agree to be bound by this agreement, just as if you had signed it in pen and ink.