Last modified: February 17, 2024

Effective date: February 17, 2024

Our Terms of Service ("terms" or "terms and conditions") contain the terms and conditions on which we supply content and are a legally binding agreement between you, or an entity on your behalf, doing business with byPaper (we, us or our) through our website, Application ("App") and other delivery methods which may be updated on the sole discretion of byPaper B.V. (byPaper).

These terms apply to our App, website, photobooks or other products provided by us (together "services"). Any update or supplements to our services, these terms apply unless specified otherwise if these come with other terms.

Please read these Terms of Service carefully before using our website, App or other services.

The term "you" refers to the user of our products.

The term "services" refers to using our website, App or other available services.

By installing the App and utilizing our services, you hereby acknowledge and agree to be bound by the terms set forth in this agreement. It is important to note that, as an individual user, you retain full responsibility for any content you post or share through our service. ByPaper, its affiliates, and representatives shall not be held responsible for the content posted by users, nor do they endorse or support such content.

Furthermore, it is important to understand that we do not have an obligation to actively moderate, monitor, or edit the content posted by users. However, we reserve the right to take necessary actions, at our sole discretion, to address any violations of our terms or applicable laws, which may include the removal or restriction of certain content.

By downloading a copy of our App, you affirm that you are the rightful owner of the device or have obtained proper permission to do so. It is important to acknowledge that you, or the owner of the device, may incur charges from service providers for internet access while utilizing our services. It is your responsibility, in accordance with these terms, to ensure appropriate use of the App or any other Service on or in relation to any device, regardless of ownership.

By placing orders for products or utilizing our services, you hereby acknowledge and agree to be bound by these terms as well as all relevant laws, rules, and regulations that govern such transactions. It is important to ensure compliance with both our terms and the legal framework to ensure a lawful and mutually beneficial relationship between you and our company.

We retain the right to modify these terms at our discretion, and we will update the document's date accordingly when changes are made. By agreeing to these terms, you acknowledge that you waive any rights to receive notifications of any kind regarding updates. It is your responsibility to periodically review the terms to stay informed about any modifications that may have occurred.

byPaper works closely with a printing partner to fulfill delivery of orders placed through our App.

Our terms are subject to any rules or policies established by Apple for iOS devices accessing the Apple App Store and by Google for Android devices utilizing the Google Play Store. It is important to adhere to these rules and policies imposed by the respective platforms when using our App on their devices. Compliance with these platform-specific regulations ensures a seamless integration and usage of our services on your preferred mobile platform.

byPaper retains full ownership of the App at all times. The App is considered our proprietary property, and all elements within it, including source code, databases, functionality, software, audio, video, text, photographs, graphics, and logos ("Content"), are either owned or controlled by us, or licensed to us. These components are protected by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

It is strictly prohibited to copy or exploit any of the Content for commercial purposes without obtaining proper authorization from us. This ensures the protection and preservation of our intellectual property rights and prevents unauthorized use or infringement.

When utilizing our App or any other services, it is important to acknowledge and agree that internet connections are inherently not completely private or secure. We want to ensure your understanding that data transmitted through our App or other services may be susceptible to being accessed or intercepted by unauthorized individuals, even if the connections are encrypted.

While we employ measures to enhance security and protect your data, we cannot guarantee absolute confidentiality or immunity from unauthorized access. Therefore, it is important to exercise caution and avoid transmitting sensitive or confidential information through our services if you have concerns regarding privacy and security.

By continuing to use our App or other services, you acknowledge and accept the inherent risks associated with internet connectivity and understand that we cannot be held liable for any unauthorized access or interception of data during transmission.

To ensure compliance with regulations and protect the safety of users under the age of 18, it is a requirement that they obtain permission from their parent or legal guardian and are under their supervision while using our App. This condition is in place to promote responsible usage and ensure the well-being of minors accessing our services.

If you are not sure about your rights with regards to our Terms of Service, please contact us at support@bypaper.app.

(Technical) requirements

Our App works on all devices that are running on Android or iOS. However, we regularly update our App and not all versions of Android or iOS might support our App. Also, to use augmented reality it might be required for Android or iOS devices to install additional software/updates for it to function as intended. We are in no way responsible for a non-working or functioning App due to Android or iOS discrepancies, as well as any other issue that may make our app not functional.

If you do not agree to abide by all the terms and conditions outlined, we regret to inform you that you are prohibited from using our website, App, and services. We kindly request that you cease using our services immediately and uninstall our App from your device. Your adherence to these terms is crucial for ensuring a mutually beneficial and lawful relationship between you and our company.

Collection of Technical data

When utilizing our App, website, or other services, by continuing to use them, you consent to the collection of necessary data, as described in our privacy policy. This data collection is essential for us to provide functional services and to enhance and improve our offerings as necessary.

To customize your experience, we may utilize your IP address and other device data to set the appropriate language and currency based on your location. This enables us to present our App in the language that best suits your preferences and fulfill orders using the correct currency.

Content

We want to emphasize that we do not assume responsibility for the content you provide, and we do not claim ownership over it. It is crucial to understand that if your content violates these Terms of Service, you are solely and legally responsible for the content you have provided. As a customer of byPaper, it is your responsibility to ensure that the content, including photos, videos, text, or similar materials, you provide complies with all applicable laws and regulations.

Cloud Storage

When utilizing our App, you agree that any photos, videos, and other content you provide through our service will be continuously backed up by us in our cloud storage. This backup system is in place to safeguard your progress and prevent data loss.

We store your photos and videos for at least one year, so that augmented reality can be experienced when your photos and videos are not present on your device anymore. After one year, you have the possibility to extend for a specified yearly fee.

However, it is important to note that we are not a dedicated storage provider, and therefore, we cannot be held accountable or liable for any potential data loss that may occur. While we take precautions to maintain the integrity of your data, it is always advisable to have additional backup measures in place to ensure the preservation of your valuable content.

Local device storage

By utilizing our App, you acknowledge and agree that certain features of our App may temporarily consume space on your device. For example, in order to optimize performance and provide specific features, our App may need to resize large images or videos. This process may require temporary storage space on your device.

We strive to ensure that these space requirements are reasonable and necessary for the smooth functioning of the App. Rest assured that any temporary space used by our App will be managed efficiently, and we will make efforts to minimize the impact on your device's storage capacity.

Permissions to your photos

In order to provide you with a comprehensive user experience and enable the full functionality of our App, we require your consent to access your phone's photo and video library. Granting access to these resources allows us to offer all the necessary features, including the ability to create and work with products using your own photos and videos.

Please note that without access to your photo and video library, certain features may be limited or unavailable, and it may not be possible to fully utilize our App for creating products. We prioritize the privacy and security of your data and assure you that we will handle your media files responsibly and in accordance with our privacy policy.

Processing personal data

We process your data based on our privacy policy. Available here.

In the event that a customer provides incorrect personal data or uses personal data that does not belong to their actual identity without proper consent, resulting in any form of damage, we reserve the right to report such behavior to the appropriate authorities, which may include reporting the customer to the police. Protecting the integrity of personal data and preventing fraudulent activities is a priority for us, and we take such incidents seriously to ensure a safe and secure environment for all users.

Links to websites or other services outside of our services

Our App, website, and other services may include links or references to third-party services, such as external websites or other Apps. It is important to note that these third-party services are beyond our control and ownership. As a result, we do not assume responsibility for their content or endorse their privacy policies.

When you access these third-party services through our platform, you do so at your own risk. We recommend reviewing the Terms of Service and privacy policies of these third-party services before engaging with them to ensure you are comfortable with their practices. We encourage you to exercise caution and make informed decisions when interacting with any external services linked to or referenced within our App, website, or other services.

License of our App

You are allowed to download a copy of our App on your device for personal use only. However, if you intend to use our App for business purposes, we kindly request that you reach out to us to discuss the specifics. We appreciate open communication regarding any commercial usage of our App, as it allows us to ensure appropriate licensing or arrangements are in place to support your business needs.

Registering an account

To access and utilize the features of our App, it is necessary to create an account. This account is also required for placing orders for our products. Please note that you are solely responsible for the use of your account and the security of your password. It is important to maintain the confidentiality of your account credentials and ensure that your personal data associated with the account is accurate and up-to-date.

Furthermore, accounts are non-transferable, and it is strictly prohibited to transfer or assign your account to another party without proper authorization.

We reserve the right to deactivate, block, or delete your account if we determine that your usage is inappropriate or violates our policies. We enforce these measures to maintain a safe and compliant environment for all users.

Products and services

Our service makes it possible for you to create photobooks through our App. However, please be aware that we may introduce or remove products from our offerings over time to enhance our services and meet evolving customer needs. We may also utilize in-App notifications or email updates (if you have consented to receiving them) to inform you about new products and updates.

By staying informed about our product offerings through these notifications, you can make the most of our services and stay up-to-date with the latest additions and improvements. Rest assured, we strive to provide relevant and valuable updates while respecting your communication preferences.

When utilizing our App, you have the option to create your photobook or other products using pre-created designs provided by us. It is important to note that while we offer these design options, we do not take responsibility for the final result of your product. Additionally, we do not provide a service to review or check the end result of your product before it is finalized.

In rare scenarios it may be the case that the end result of your photobook slightly differs from the (preview) result shown on your device. This may happen due to technical differences on devices, printing machines that have certain margins for prints or similar/other scenarios.

We encourage users to carefully review and preview their creations within the App to ensure they meet their desired specifications and quality standards. This includes checking for any errors, inconsistencies, or issues that may affect the final outcome of the product. By taking the necessary steps to review and verify your product before finalizing it, you can help ensure your satisfaction with the end result.

Quality of photos and videos

Our App includes a mechanism to assess the quality of your photos and videos before incorporating them into your final product. We have implemented various notifications and checks to notify you about the quality of your content. These notifications serve as guidance and provide hints/suggestions to help you achieve the desired outcome. However, it is important to understand that we are not accountable for the ultimate quality of the photos, videos, similar assets, or the end product itself.

While we strive to offer comprehensive tools and guidance within our App, we cannot provide a guarantee for the quality of your product. The responsibility for ensuring the quality and suitability of your added assets and final product lies with you as the user. We recommend to carefully review the notifications and utilise the available tools to optimize the quality of your creation.

Augmented Reality

We offer our augmented reality service and feature in our App to enable you to display videos by scanning your photos in your photobook. While this service is offered, the quality of the video that is displayed may vary based on your device, device settings or for other reasons.

Augmented reality may not be (fully) functional on windows devices.

It may the be case that your device does not support photos that do not have enough detail to scan. We do our best to show photos that cannot be scanned in our app, but in certain scenarios it might not be shown either.

We are not responsible or liable for augmented reality to function (properly) on your device or the quality of your displayed videos.

Prevention of abusive or similar non-acceptable content

In order to prevent the creation of abusive content, we reserve the right, at the sole discretion of byPaper and specifically selected personnel, to check the content of end products. We want to emphasize that we hold your privacy and personal data in high regard, and as such, we have stringent guidelines in place regarding who can perform these content checks. The individuals involved in this process are bound by non-disclosure agreements to maintain confidentiality and protect your privacy.

By conducting these checks, we aim to ensure that our platform remains a safe and respectful environment. Rest assured that we handle this task with utmost care and respect for your privacy, following strict protocols to safeguard your personal data and assets.

We maintain a zero-tolerance policy towards content that promotes or is related to sexual abuse, racism, hateful speeches/conduct, bullying, violent threats, self-harm, or any other form of abusive content. We do not accept such content on our platform.

If we come across any content that falls within these abusive categories and is deemed intolerable, we may take appropriate actions, including forwarding relevant personal information to the police or relevant authorities as necessary.

Furthermore, it is important to note that we do not support or allow the sharing or creation of pornographic photos or videos in any form.

By enforcing these policies, we aim to ensure that our platform aligns with legal and ethical standards.

We reserve the right to remove/cancel an order that is placed for a product that contains this kind of non-acceptable content and we may deactivate an account if there is a strict reason for this. We will notify you about non acceptable content and order cancellation. If you have any questions with regards to non-acceptable content, you can contact us at support@bypaper.app.

Ordering our products and services

To be able to create an order, you agree to provide the personal and device data that is required to make an order. You agree that providing the right information is your responsibility and that all data provided in and before the order has been submitted is up-to-date and correct.

We store your photos, videos, text and other data ("uploaded assets") related to your product creation in our Cloud Storage. Access to these uploaded assets is only possible through our App by using your account and we do not serve as a backup facility for your use.

Uploaded assets should meet our upload specifications and require a stable internet connection to be uploaded. We may change our asset specifications from time to time.

Our order process guides you through all steps of the ordering process. If any errors occur, you will be notified about them and can correct before submitting the order. We are not responsible for any errors that occur during the ordering process, that could result in a wrong order, an order not being placed or similar issues.

If an order was successfully placed, you will be notified in our App that your order is being processed. Even though our App may show that your order was successfully placed, this does not mean it is accepted by us. We, at sole discretion, reserve the right to reject an order at all times.

Orders are not binding until payment was successfully received and your order was accepted by us. If payment is received and your order is accepted, we will send you an email confirming this acceptance. After acceptance, a legally binding contract is there between you and byPaper.

After an order was accepted, we aim to start production as soon as possible. Delivery times may vary depending on for instance the time of the year and holidays and therefore are not binding. When more products are ordered, we will try to package them together. In this case, longest delivery time is applicable. However, we use multiple printing parties and it might happen that one of your ordered photobooks is shipped from a different supplier.

If your order is rejected, you will receive an email about this rejection and the information about your order in our App will be updated with the new status.

When failing to provide your personal data, when requested, we may not be able to fulfill your order. When we cannot fulfill your order, we will cancel your order and notify you accordingly, if we have the personal data from you to do so.

Storing data for your product

Even though we offer storage of your (personal) data, photos, videos, etc. ("data") we are not a service specifically designed to store your data. We use a specific period, which may vary from time to time, to store your data. We keep track of inactive/unused data, which then will be deleted after a certain period of time has passed. We are hereby granted the sole right to delete data at any point in time and for any reason we decide is necessary to take this action. We are in no way liable for lost or deleted data.

Videos are stored for at least one year after ordering your product(s). It is possible, through a subscription, to store them for a longer period of time. Storage is there to allow synchronisation of videos on devices, other than the device on which your product was created. If you keep using augmented reality on the device the product was created and have the videos available, you will not need our storage to enjoy watching videos for your photobook. We can always assist you in setting up augmented reality at a later stage again, if needed. Keep in mind that restoring your augmented reality experience may be at a cost, which you can currently retrieve through our support channels.

Resizing photos

To optimally and efficiently provide a backup for your photos, we will resize photos that meet certain criteria. To provide an optimal working app, we resize every original photo to a size that is providing a better app performance. This resized photo is not used for the final product, only for representation in our app.

Original photos are only resized for the final product if they meet certain criteria. This may be due to a large file size, width and height of the photo that surpasses our maximum dimension for a photo or an amount of megapixel that surpasses the maximum amount of megapixels we think is required to print a good quality on your final product.

Video compression

To keep our services for displaying videos free of use for the first year, we may require to compress your videos so that they meet our maximum storage size. This may degrade the quality of your video when shown in a video experience. If you wish to keep the original quality, you may choose for the option to load videos from your device as long as they are stored there. We are in no way liable for the quality of the videos that are displayed on your device through our augmented reality.

Manufacturing your product

We allow a printing partner to manufacture your product. To manufacture your product we send all required personal data, including for example your name, address and uploaded photos, so that your product can be printed. You hereby expressly consent to allowing our printing partner to print and process your photos to produce your ordered product(s).

byPaper is not responsible to you for any loss that may happen while providing your (personal) data to this printing partner.

You hereby grant byPaper the exclusive right to use any photos and videos uploaded by you for the purpose of processing your order and performing the services. This includes the right to sub-license use of photos to our printing partner, just like all necessary consents including under the Copyright, Designs and Patents Act 1988 (as amended from time to time) or any other relevant legislation applicable to your location to enable byPaper to change, publish, distribute, exhibit, use the photo and video for the purposes of enabling you to use our App and to enable us to perform our Services to you.

Product pricing

Any price mentioned in marketing material, emails, website, App or other publications are there to inform and may vary from time to time.

Prices are including VAT, but excluding delivery costs or possible import duties and taxes.

Vouchers and coupon codes

We regularly offer vouchers and coupon codes. Specific conditions are active on these vouchers and coupon codes. When a voucher or coupon code has expired, you can no longer use this code and the normal (standard) price applies to your product.

When redeeming a coupon code, you will receive a discount on the order price. This means, that any other additional costs like shipping costs are excluded from discount calculation.

Backups of personal data and assets

Even though we backup personal data, photos, videos and other submitted content, you are responsible for everything that you transmit through our website, App or other services. You agree that we are not responsible or liable for any loss or corruption of anything you transmit through our services and you hereby waive any right of action against us arising from any such loss or corruption of data, photos, videos or other submitted content.

Agreement

These Terms and any document expressly referred to in it constitutes the entire agreement between you and byPaper and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

When entering into this Agreement you agree to not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

No variation of these Terms or to an Order will be binding unless expressly agreed in writing and executed by a duly authorised signatory of byPaper.

Neither you, nor byPaper, shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

Payment

All payments for our services are processed by Stripe, according to a payment service agreement between byPaper and Stripe. The price for your order includes VAT. Your order will be placed as soon as the payment is fulfilled.

Acceptance of your order strictly depends on authorization of your order by Stripe. byPaper does not store any payment information. All payments are processed by Stripe. Any debit/credit card or other payment details will only be provided to Stripe, who will apply security and protect your information according to all applicable legislation. Please read their privacy policy, just like their terms and conditions, to understand how they store and use your data. byPaper is not responsible to you for any loss that may happen while providing your (personal) data to Stripe.

We provide the option to use Google Pay or Apple Pay through using Stripe. It depends on your device, which of those payment options is provided. We recommend you read the privacy policy of Apple and Google about using these payment options and when they become available to you. byPaper is not responsible for any loss that may happen while using these services. This also means we are not legally responsible to you when any third party gains access to your personal data that is stored at stripe.

Prices for our products may change from time to time, but placed/accepted orders are not affected by this.

Just like prices, fees may also differ from time to time. We offer various currencies, based on your area or preferences. While selecting different currencies, prices may differ from other currencies.

Administering account

We may collect or receive information from third parties, like Stripe, that is stored by us to verify your identity or improve our services to you. It can contain any information about transactions made through Stripe. We will however not store any information about debit/creditcards.

Request for data and providing support

To provide you with support and to resolve any conflicts, we may access information about account activity and transactions/purchase records held by Stripe.

We may require specific information to confirm your identity and ensure your right to access specific personal data. We may contact you in such a scenario.

Right of withdrawal

Since our products are highly personalized, you do not have the right of withdrawal as soon as your order is accepted.

Returns and refunds

Since products are custom made, it is not possible to receive a refund for your product. If you are not satisfied or have any other reason to dislike your product, you can contact customer support to discuss the possibilities. You hereby accept that byPaper has all rights to deny or accept your request for a refund for any reason provided.

Conformity and complaints

Our products and services are adhering to quality and performance that is normal for this type of product and is reasonable to expect from it. The quality of our prints is dependent on the digital image that is uploaded and we can not accept claims based on differences in colors or quality between the digital image and the actual printed image.

Damaged product

When your unopened product is damaged, you should report it immediately to your post office. If damage is visible on the package we recommend not to collect the package. When the package is collected, damage is no longer counted as transport damage. If you discover damage on the product itself, and this damage appears to be caused by the shipping organization, you will have to reach out to this organization and file a complaint according to their reporting process.

If you think the damage is caused by us, you can send a message to our customer services. We will then reach out to discuss a suitable solution.

Cancellation of an order

You have the right to cancel your order, however if your order has been accepted and taken into production you will no longer be able to cancel.

Our services are instantly processing orders, which means that cancellation is most likely not possible.

Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Groningen, Netherlands. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the Netherlands.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be information on the website, App or other services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our services at any time, without prior notice.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Disclaimer

THE WEBSITE, APP AND OTHER SERVICES ("SERVICES") ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES THEIR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, APP OR SERVICES ("SERVICES"), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website, app and other services; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use. (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website, app and services with whom you connected via the website, app or other services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.