LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexAGusive, nonassignable, nonsublicensable license to access AG in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from AG, excluding content you make and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, distribute, display and make derivative works from content you post.
USE. You agree not to utilize or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with AG, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use.
MODERATION. You agree we may moderate AG access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
SALES. Fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
SUBMISSIONS. You hereby grant AG the royalty-free perpetual, irrevocable, world non-exclusive rights and licenses to use, reproduce, modify, change publish, create derivative work from distribute, perform and display all content and suggestions. We may incorporate any submission in any form, media or technology now known or later developed. AG will not be required to treat any submission as confidential and may use any submission in its business without limitations without incurring any liability for royalties or any other considerations of any kind now or in the future.
DISAGAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to AG, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and AG is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your AG use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“AG ENTITIES”), DISAGAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) AG ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
AGAIMS. You agree (1) any claim, cause of action or dispute (“claim”) arising out of or related to the TOU or your AG use is governed by Colorado (“CO”) law regardless of your location or any conflict or choice of law principle; (2) claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against AG Entities; (6) (except government agencies) to indemnify AG Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your AG use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. Users complying with prior written licenses may access AG thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us.