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Crossminds Terms of Use

Last updated May 6, 2020

These “Terms of Use” (“ Terms”) explain the contractual relationship between you and CrossCircles Inc. (“CrossCircles”, “us”, "our” or “we”), regarding your use of, and access to, our platform “Crossminds.ai” (the “Platform”). These Terms, which include our Privacy Policy, govern your access to and use of the Platform and the Content (as defined below), and constitute a binding legal agreement between you and CrossCircles.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE PLATFORM, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

Platform

The Platform enables persons (“Users”) to view content. This Platform also enables users with an Account on the Platform (“Registered Users”) to view content and post comments.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

License

Grant: Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the website and/or the mobile application of the Platform on a computer, tablet device or mobile phone that you own or lawfully control.

Ownership: All materials contained on, in, or available through the Platform, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“CrossCircles Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with the CrossCircles Content, whether registered or not, are our sole property or the property of third parties. The CrossCircles Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Platform, any ownership rights in the CrossCircles Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Platform, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.

Limitations: You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Platform. You may not copy (except as expressly permitted by these Terms) or publish the Platform (or part(s) thereof) for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Platform, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Platform, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Platform in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

Accounts

To create a Crossminds Studio Account (defined below), you must be at least 18 years old. You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms.

Registered user: To become a Registered User, you must first create an account with us (“Account”). In creating an Account, you will be required to provide information such as your user name, email address, and profile picture. You must provide a valid email address. You, however, can choose a user name and a profile pictures, without needing to provide your true identity. You agree to be fully responsible and liable for all use of your Account. You may not transfer your Account to another person or share it with anyone.

Organizational Accounts: Corporate and other organizational users must publicly display the legal name of their entity on their public account profile.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

Acceptable Use Policy

We may allow you to upload, live stream, submit or public (collectively, to “publish”) content such as videos, recording,s images and text (collectively, “content”). You must ensure that your content and your conduct, complies with the Acceptable Use Policy set forth in this section. Crossminds may (but is not obligated to) monitor your account, content and conduct, regardless of your privacy settings. Crossminds take app appropriate actions to enforce its rights including removing specific content or suspending your account.

Content Restrictions: You may not submit any content that: Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;

Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;

Promotes or supports terror or hate groups;

Exploits minors;

Depicts unlawful acts or extreme violence;

Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;

Depicts animal cruelty or extreme violence towards animals;

Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;

Makes false or misleading claims about vaccination safety;

Conveys false or misleading health-related information that has a serious potential to cause public harm;

Claims that mass tragedies are hoaxes or false flag operations; Depicts or encourages self-harm; or Violates any applicable law.

Please see the Community Guidelines for guidance on how we interpret these terms. Rules of conduct: In connection with your use of the Platform, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Platform any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Platform for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Platform; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Platform, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Platform in any manner that in our sole judgment, adversely affects the performance or function of the Platform or interferes with the ability of other Users to access or utilize the Platform; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Platform only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

User Submissions: “User Submissions” are any information, text, messages and/or other materials that you post, upload, embed, display, publish, communicate or otherwise submit on or through your profile or elsewhere the Platform. User Submissions may be publicly displayed. You warrant and represent that you are the rightful owner of all of the rights to your User Submissions (including without limitation moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information you submit is true and accurate. You are entirely and solely responsible for all your User Submissions and the consequences of submitting them to, or posting or publishing them on, the Platform.

You hereby grant to us and our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, sublicensable and transferable (in whole or in part) license to use, publish, distribute, reproduce, display, for an indeterminate period (or for such maximum period permitted by applicable law) under all intellectual property rights you own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit your User Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other websites, and in products and services offered by us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to you and without the requirement of any permission from or payment to you or to any others.

Although we have no obligation to review any User Submissions, we reserve the right, in our sole discretion, to edit or remove any and all User Submissions, without prior notice.

Copyright Infringement: We respect the intellectual property rights of others, and require that people who use the Platform do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.

Suspension: We reserve the right to suspend or cease providing the Platform (or portions thereof), with or without notice, and we shall have no liability or responsibility to you if we do so.

Indemnification

By using the Platform, you agree to defend, indemnify and hold us, our affiliates, partners, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Platform or the creation, placement or transmission of any message, information, software or other materials through the Platform by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE PLATFORM; (ii) OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PLATFORM; AND (iii) REGARDING THE PROVISION OF THE PLATFORM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE PLATFORM, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PLATFORM.

Limitation of Liability

IN NO EVENT WILL CROSSCIRCLES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE PLATFORM. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL CROSSCIRCLES’ AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE PLATFORM EXCEED THE AMOUNT OF \$25.00 U.S. DOLLARS.

Disputes, Arbitration and Choice of law

Governing Law: Any dispute arising out of this Terms will be settled by arbitration in the State of California, according to the rules of the American Arbitration Association then in effect, and by three (3) arbitrators. The Terms, and any dispute arising out of the Terms, shall be governed by the laws of the State of California. If a dispute cannot be resolved by arbitration, it shall be resolved in a state or federal court in California. Jurisdiction: The Platform is controlled and operated by CrossCircles from the United States, and is not intended to subject CrossCircles or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. CrossCircles does not represent or warrant that the Platform or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

General Provisions

Entire Agreement and Hierarchy of Agreements: These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Platform, and supersedes any previous communication or agreements that may exist, unless otherwise specified.

Assignment: You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Amendment to Terms: CrossCircles may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Platform. You are responsible for regularly reviewing these Terms. Your continued access and use of the Platform following such posting constitutes your consent to be bound by any amended Terms.

Severability: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to contact@crossminds.ai or via the Contact Us page on our Platform.

If you have any questions regarding these Terms or the Platform, please contact us via the Contact Us page on our Platform.