You can learn more about us on our application MODERATE (the “App”), and other services provided by us (collectively, together with the App and our mobile applications, our “Services”), including any materials uploaded or otherwise available on the Services (collectively, the “Content”). These Terms of Service are a legally binding contract between you and MODERATE LLC. governing you access to and use of the Services. PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). You must accept and comply with these terms as a condition to you access and use of the Services. If you are not eligible, or do not agree to these Terms, then please do not use the Services. 

 

RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

By accessing or using the Services you agree not to: post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate use the Services for any illegal purpose, or in violation of any local, state, national, or international law; reverse engineer or otherwise attempting to discover the source code of the Services or any part thereof except to the extent that such activity is expressly permitted by applicable law interfere with security-related features of the Services, including without limitation by (i) breaching, disabling or circumventing security and authentication measures that prevent or limit use or copying of any Content, (ii) accessing, tampering with, or using non-public areas of the Services or MODERATE LLC’s computer systems or networks, or (iii) probing, scanning, or testing the vulnerability of any system or network; perform any fraudulent activity including (i) impersonating any person or entity, (ii) forging any headers or any header information, (iii) claiming false affiliations, (iv) accessing the Services accounts of others without permission, or (v) sending any deceptive information; interfere with, or disrupt, the operation of the Services or the enjoyment of any user by, without limitation, (i) uploading or otherwise disseminating a virus, adware, spyware, worms, or other malicious code (ii) sending excessive or unsolicited messages, email, or other communications to, on, or through the Services, (iii) interfering with or creating an undue burden on the Services or designing any Content to do the same, (iv) making unsolicited offers or advertisements to other users of the Services, (v) collecting personal information about users or third parties without their consent, (vi) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or (vii) violating the regulations, policies, or procedures of such networks, equipment, or servers; violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights; or attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section. You agree that you will not put yourself or others in harm’s way to capture photos, videos, or other media from locations that may present a danger.

LIMITATION OF LIABILITY

In no event will MODERATE LLC be liable to you for any indirect, incidental, special, consequential or punitive damages (including, for example, for any loss of profits or revenues, data, use, good-will, or other intangible losses), whether based on warranty , contract, tort (including negligence) statute, or other legal theory (whether or not the MODERATE LLC has been informed of the possibility of such damages), arising out of or relating to (i)your access to or use of or inability to access or use the services or any content on the services; (ii) any content posted by a third party or otherwise available on the service; and (iii) conduct of third party users of the service. (i) You agree that the aggregate liability of MODERATE LLC to you for any and all claims arising out of (i) through (iii) in the preceding paragraph or otherwise under these terms, whether in contract, tort, or otherwise, will not exceed the greater of (i) the amounts that you have paid to MODERATE LLC for access to and use of the service in the 12 months prior to the claim or (ii) twelve U.S. dollars. (ii) The above limitation applies even if a remedy set forth in these terms has failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you. (iii) Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is sever able and independent of all other provisions of these terms. 

Third Party Content

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Reddit, and the rules for your Promotion must require each entrant or participant to release Reddit from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your promotion, and you agree to conduct your Promotion at your own risk.

USER CONTENT

1. User Content.All Content added, created, uploaded, submitted, distributed, or posted (“Posted”) to the Services by users (collectively "User Content") is the responsibility solely of the person who originated such User Content. For clarity, subject to the license you provide to MODERATE as set forth below, you retain your rights to any User Content you Post on or through the Services. These Terms do not grant you any right, title, or interest in MODERATE’s Content, our Services, or other users’ Content on the Services.

2. Our License to your User Content.When you Post User Content on or through the Services, you grant MODERATE a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels now known or developed in the future. To the extent any User Content you submit includes biographical information, including your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.
   With respect to your User Content, you are agreeing to appoint MODERATE as your irrevocable attorney-in-fact, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that MODERATE can own and protect the rights in any work created from your User Content.

3. User Content Representations.You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third-party rights. You understand that MODERATE does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless MODERATE for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

4. User Content Review.You acknowledge and agree that MODERATE and its designees may or may not, at MODERATE’s discretion, pre-screen User Content before its appearance on the Services, but that MODERATE has no obligation to do so. You further acknowledge and agree that MODERATE reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content. Without limiting the foregoing, MODERATE and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in MODERATE’s sole discretion. This is particularly true for User Content that infringes on the intellectual property rights of others. We reserve the right to terminate the account of any user that repeatedly infringes on the intellectual property rights of others. You acknowledge and agree that MODERATE does not endorse, verify, adopt, ratify, or sanction, and is not liable for, any User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

 

MISCELLANEOUS

You are responsible for any data charges incurred by using the services. We reserve the right to refuse access to the services at any point in time to any one MODERATE LLC owns the visual data which includes the photos and videos taken by the users. The ratings and posts shown on MODERATE LLC’s services are that of the users and do not reflect that of MODERATE LLC.