Terms And Conditions – Mission-strong

Terms and Conditions of Use

Welcome, and thank you for your interest in mission-strong. (“mission-strong,” “we,” or “us”) and our website at www.mission-strong.com, along with our related websites, networks, applications, desktop applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and mission-strong regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MEDFORMER’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MEDFORMER’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MEDFORMER AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND mission-strong ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 18.)

mission-strong Service Overview. mission-strong offers an interactive entertainment platform that gives participants access to live content featuring celebrities, influencers, and public figures (“Creators”) via the Service. Participants may purchase tickets (“Tickets,” or individually, a “Ticket”) for scheduled virtual events, meet-and-greets, and lectures (collectively, “Live Sessions”) hosted by various Creators via the Service. Creators and Participants are, collectively, “Users”.
Eligibility. If you are a Participant, you must be at least 16 years old to use the Service. If you are a Creator, you must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18 years old; (2) if you are 16 or 17 years old, your parent or guardian agrees to these Terms on your behalf and will supervise your use of the Service; (3) you have not previously been suspended or removed from the Service; and (4) your registration and use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You are prohibited from sharing your account information and access to the Service through your account with others. We may suspend or terminate your account if we believe you have shared your account information with a third party. If you believe that your account is no longer secure, then you must immediately notify us at support@mission-strong.com. We reserve the right, in our sole discretion, to disallow, cancel, remove, or reassign usernames, without liability to you or any third party, and with or without prior notice to you.
General Payment Terms. The following terms in this Section 4 apply to Participants. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and Indian Rupees and are non-refundable.

1. 1. Price. mission-strong reserves the right to determine pricing for certain functionality offered via the Service as mission-strong may make available or change from time to time in its sole discretion. Creators may determine the pricing related to a Participant’s ability to access and attend Live Sessions; provided that upon the first Ticket being sold for a particular Live Session, the Creator for such Live Session will not be permitted to change the price of the other Tickets being sold for such Live Session. mission-strong will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. mission-strong may change the fees for any feature of the Service, including additional fees or charges, and mission-strong will provide you advance notice of such changes before they apply. mission-strong, at its sole discretion, may make promotional offers with different features and different pricing to any of mission-strong’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
  2. Authorization. You authorize mission-strong and its third-party payment processors to charge all sums for the orders that you make and any tier of the Service you select as described in these Terms or published by mission-strong, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, mission-strong or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You acknowledge and agree that mission-strong may choose to share a portion of the payments that you provide to mission-strong for your use of different tiers or features of the Service with Creators who host Sessions (defined below) and other events on the Service pursuant to Section 5.
  3. Delinquent Accounts. mission-strong may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
  4. Refunds for Cancelled Live Sessions. If a Creator cancels a Live Session for which you purchased a Ticket to attend, mission-strong will automatically refund your purchase for such cancelled Live Session to the original payment method used for such purchase. Further, you may request a refund up to seven (7) days prior to a Live Session by contacting mission-strong at support@mission-strong.com. mission-strong will not provide any refunds for any Live Session that you attend or any Live Session that occurs and is not cancelled as described above for which you purchased a Ticket but did not attend, regardless of the reason for your failing to attend such Live Session.
  5. Tickets. Each Ticket may only be used by one person. Once a Ticket has been used, it may not be used again.

Payment Terms for Creators. mission-strong may allow Creators to engage with Participants on the Service through various Live Session functionalities that mission-strong may update from time to time in its sole discretion, which may include, without limitation, Live Sessions with other Participants and Live Sessions where Participants may ask Creators questions or otherwise interact via audio-only or audiovisual functionality or via chat messaging. mission-strong will pay Creators for such Sessions according to the compensation model described in any applicable agreement entered into between such Creator and mission-strong.
Licenses

1. 1. Limited License. Subject to your complete and ongoing compliance with these Terms, mission-strong grants you, solely for your personal, non-commercial use (except as expressly permitted in these Terms), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or desktop application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile or desktop device by the device manufacturer) on a mobile or desktop device that you own or control; and (b) access and use the Service.
  2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not attempt to: (a) reproduce, distribute, publicly display, or publicly perform the Service and any content made available on or through the Service, including, but not limited to, Sessions (collectively, the “Offering”); (b) make modifications to the Offering; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, or attempt to derive the source code of the Service; (e) sell, resell, license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the Offering or any part thereof; or (f) make any other use of the Offering, Materials (defined below), or any other content provided by mission-strong or its Users on or through the Service, including any data concerning other Users of the Service, except as expressly authorized by mission-strong in these Terms. If you are prohibited under applicable law from using the Service, you may not use it.
  3. Feedback. If you choose to provide ideas, input or suggestions during or about any Sessions or regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant mission-strong an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without any obligation of attribution or compensation to you for such Feedback.

User Content

1. 1. Definition. “User Content” means any content that you submit, webcast or otherwise transmit (collectively, “Post”) to the Service, including, without limitation, text, written comments, chat messages, reviews, Sessions (including any third-party content included therein, including, without limitation, any audiovisual works, sound recordings or musical works), images, audio (including voice), and other works subject to protection under the laws of India or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any Materials and Feedback.
  2. Your Rights to User Content. YOU RETAIN COPYRIGHT AND ANY OTHER PROPRIETARY RIGHTS THAT YOU MAY HOLD IN ANY USER CONTENT THAT YOU POST TO THE SERVICE SUBJECT TO THE RIGHTS THAT YOU GRANT IN THESE TERMS AND ANY SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND mission-strong.
  3. License to mission-strong
    1. By turning on or otherwise enabling your microphone and/or the camera functionality on your computer or device while you use the Service, by Posting User Content, or by otherwise using the Service, you hereby grant to mission-strong an exclusive, unrestricted, assignable, sublicensable (through multiple tiers), royalty-free right and license throughout the universe to reproduce, record, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), transmit, retransmit, make available, create derivative works from, monetize, and otherwise exploit and use (collectively, “Use”) all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, with or without attribution to you and without any obligation to share any revenues or any consideration or value derived from the Use of your User Content, for the purposes of: (i) advertising, marketing, and promoting mission-strong, the Service and the availability of content on the Service, including Sessions and any content you Post to the Service; (ii) displaying and sharing your User Content to other Users of the Service and on third-party services; (iii) allowing other Users to interact with and comment on your User Content as permitted by these Terms and the functionality of the Service; (iv) providing the Service as authorized by these Terms; and (v) sublicensing your User Content to third-party licensors of mission-strong for their Use of your User Content on and through all distribution channels now known or hereafter created. The license grant in the immediately preceding sentence will be exclusive and irrevocable for a period of six (6) years from the date that any User Content is Posted to the Service (the “Exclusive Period”). Immediately upon the expiration of the Exclusive Period, the license grant in this Section 7.3 shall become non-exclusive.
    2. You further grant mission-strong a royalty-free, sublicensable (through multiple tiers) license (but not the obligation) to Use your user name, image, voice, and likeness to identify you within or as the source of any of your User Content.
    3. During the Exclusive Period, mission-strong retains the right to sublicense User Content to any third party for the creation or distribution of derivative works of such User Content. If mission-strong grants a sublicense to your User Content to a third party during the Exclusive Period, that sublicense will be perpetual, irrevocable, and exclusive and may not be revoked by you for any purpose.
    4. You must not Post any User Content on or through the Service or transmit to mission-strong any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to mission-strong will be considered non-confidential and non-proprietary, and treated as such by mission-strong, and may be Used by mission-strong in accordance with these Terms without notice to you and without any liability to mission-strong.
    5. For the avoidance of doubt, the rights granted in Sections 7.3(a) through 7.3(d) include, but are not limited to, the right to: (i) reproduce audio-only and audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; (ii) publicly display audiovisual works; (iii) publicly perform and communicate to the public audio-only and audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; and (iv) provide closed captioning or dubbing of alternative languages for any User Content, in each instance of clauses (i) through (iv) on a royalty-free basis. This means that you are granting mission-strong the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a video game copyright owner, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
  4. You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service in compliance with the grant of rights set forth in Section 7.3, including, but not limited to, the name, image, voice, likeness and other personal characteristics of any individual visible or otherwise identifiable in any User Content. Unless you have received prior written authorization from the applicable third party(ies), you must not Post any User Content that contains any pre-released content or non-public beta software, content or any confidential information of mission-strong or any third party. In addition, if you only own the rights in and to a sound recording or an audiovisual work, but not to the underlying musical works embodied in such sound recording or audiovisual work, then you must not Post such sound recording or audiovisual work to the Service unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to mission-strong under these Terms. You represent and warrant that: (a) you own the User Content Posted by you on the Service or otherwise have the right to grant the license set forth in these Terms; (b) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including, but not limited to, the rights of any person visible in any of your User Content; (c) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (d) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party; and (e) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. Except as set forth in any separate agreement between mission-strong and a third party governing the guest appearance of such third party in a Session that provides payment terms to the contrary, you agree to pay all monies owing to any person resulting from Posting your User Content on the Service, including from mission-strong’s exercise of the license set forth in Section 7.3.
  5. Specific Rules for Musical Works, Sound Recordings, and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into this Agreement with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label. If you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of such musical work to the Service. Finally, you are solely responsible for clearing the rights to any ambient or background music that is included or audible in any User Content you Post to the Service.
  6. Through-To-The-Audience Rights. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted, viewed, or otherwise used on such External Sites via the Service.
  7. Waiver of Rights to User Content. Except as set forth in a written and signed agreement entered into between you and mission-strong in addition to these Terms, by Posting User Content to the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, 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 User Content you Post to the Service.
  8. Disclaimer. WE ARE UNDER NO OBLIGATION TO USE, EDIT OR CONTROL USER CONTENT THAT YOU OR ANY OTHER USER POSTS ON THE SERVICE AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR USER CONTENT. WE DO NOT GUARANTEE THAT ANY USER CONTENT IS ACCURATE, TRUTHFUL OR APPROPRIATE FOR ITS STATED PURPOSE. mission-strong MAY, HOWEVER, AT ANY TIME AND WITHOUT PRIOR NOTICE, SCREEN, REMOVE, EDIT, OR BLOCK ANY USER CONTENT THAT IN OUR SOLE JUDGMENT VIOLATES THESE TERMS OR IS OTHERWISE OBJECTIONABLE, SUCH AS, WITHOUT LIMITATION, USER CONTENT THAT mission-strong DETERMINES IS OR COULD BE INTERPRETED TO BE ABUSIVE, BIGOTED, DANGEROUS, DEFAMATORY, FALSE, HARASSING, HARMFUL, INFRINGING, MISLEADING, OBSCENE, OFFENSIVE, PORNOGRAPHIC, RACIST, THREATENING, UNLAWFUL, VIOLENT, VULGAR, OR OTHERWISE INAPPROPRIATE. YOU AGREE TO WAIVE, AND DO WAIVE, ANY LEGAL OR EQUITABLE RIGHT OR REMEDY YOU HAVE OR MAY HAVE AGAINST mission-strong WITH RESPECT TO USER CONTENT. YOU AGREE THAT YOUR ADHERENCE TO OR PARTICIPATION IN ANY ACTION, ACTIVITY, COMMAND, GUIDANCE, OR INSTRUCTION IN CONNECTION WITH USER CONTENT IS DONE SO AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY AND PRUDENT ACTIONS BEFORE ENGAGING IN ANY ACTIVITY THAT HAS A RISK OF HARM, INJURY OR DAMAGE TO ANY PERSON, ANIMAL, OR PROPERTY. YOU FURTHER AGREE THAT YOU WILL HAVE NO RIGHT TO ENFORCE A CLAIM FOR A BREACH OF THESE TERMS AGAINST mission-strong FOR ANY OTHER USER’S USE OF YOUR USER CONTENT IN VIOLATION OF THESE TERMS. IF ANOTHER USER VIOLATES ANY RIGHTS YOU HAVE IN YOUR USER CONTENT, YOU AGREE TO SEEK RELIEF FROM SUCH OTHER USER AND NOT mission-strong. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.
  9. Monitoring Content. mission-strong does not control and does not have any obligation to monitor: (a) User Content, including, without limitation, Sessions; (b) any content made available by third parties; or (c) the use of the Service by its Users. You acknowledge and agree that mission-strong reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time mission-strong chooses to monitor the content, mission-strong still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. mission-strong reserves the right to remove any User Content from the Service in mission-strong’s sole discretion, without notice, and with no further obligation or liability to any User.
  10. URLs for Live Sessions. Certain features of the Service may allow a Creator to Post a URL relating to a Live Session hosted by Creator. mission-strong reserves the right to edit or remove such URLs at any time in our sole discretion without penalty or further obligation to you.

Ownership; Proprietary Rights; Marks.

1. 1. Ownership; Proprietary Rights. The Service is owned and operated by mission-strong. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) and Live Sessions, including audiovisual and audio-only recordings of Live Sessions (“Recorded Sessions”) (Recorded Sessions, together with Live Sessions, are, collectively, “Sessions”) provided by mission-strong are protected by intellectual property and other laws. All Materials and Sessions included in the Service are the property of mission-strong, Creators, or other third-party licensors of mission-strong or its Creators. Except as expressly authorized by mission-strong, you may not make use of the Materials. mission-strong reserves all rights to its Materials and Sessions not granted expressly in these Terms.
  2. Marks. The mission-strong trademarks, service marks, and logos (collectively, the “mission-strong Trademarks”) used and displayed on the Service are mission-strong’s registered and/or unregistered trademarks or service marks. Any other product and service names located on the Service (including in Sessions) may be trademarks or service marks owned by third parties (collectively with the mission-strong Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage mission-strong or the applicable third party, mission-strong’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without mission-strong’s prior express written consent. All goodwill generated from the use of any mission-strong Trademark will inure solely to mission-strong’s benefit. All goodwill generated from the use of any other Trademark will inure solely to the benefit of the owner of such Trademark.

Third-Party Terms

1. 1. External Sites. The Service may contain links to, and/or the ability to export User Content (defined below) to, or embed content in, other websites, apps or other online properties that are not owned or controlled by mission-strong (collectively, “External Sites”). The content of External Sites is not developed or provided by mission-strong. mission-strong is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on External Sites. You should contact the site administrator or webmaster for External Sites if you have any concerns regarding content located on those External Sites. You should take precautions when downloading files from all websites to protect your devices from viruses and other destructive programs. If you decide to access any External Sites, then you do so at your own risk. Further, you will be solely responsible for compliance with any terms of service or similar terms imposed by any External Site in connection with your use of External Sites, including, without limitation, when you export User Content to External Sites.
  2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

Communications

1. 1. Text Messaging. mission-strong and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt-out of receiving marketing and/or operational text messages at any time by (a) sending an email to support@mission-strong.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts, (b) texting the word “STOP” or “END” from the mobile device receiving the messages, or (c) turning off such messages in your Service account settings. You may continue to receive text messages for a short period while mission-strong processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
  2. Push Notifications. When you install our app on your mobile or desktop device, you agree to receive push notifications, which are messages an app sends you on your mobile or desktop device when the app is not on. You can turn off notifications by visiting your mobile or desktop device’s “settings” page.
  3. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself or by turning off such emails in your Service account settings. If you choose to opt-out of both operational emails and operational text (SMS) messages, mission-strong will have no method of communication through which to notify you regarding your purchases of Tickets or other functionality that the Service provides to you.

Prohibited Conduct. By using the Service, you agree to abide by our mission-strong Community Guidelines, which are incorporated into these Terms by this reference. FURTHER, BY USING THE SERVICE, YOU AGREE NOT TO:

1. 1. 1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. harass, threaten, demean, embarrass, or otherwise harm any other User of the Service;
    3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    4. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    5. make unauthorized recordings or screen captures of any content, including User Content, transmitted on or through the Service;
    6. simultaneously livestream any Session via a third-party audio-only or audiovisual platform, including, but not limited to, Facebook Live, Instagram Live, TikTok, and Twitch;
    7. interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another User of the Service; (c) collecting personal information about another User or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    8. attempt to access or search the Service or content available on the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by mission-strong or other generally available third-party web browsers;
    9. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
    10. use the Service to Post any User Content or host any Sessions relating to life-saving or life support systems, information or education, or any subject that could promote or lead to the loss of life or catastrophic property damage;
    11. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8.1) or any right or ability to view, access, or use any Materials; or
    12. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.

Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

1. 1. 1. Respect of Third Party Rights. mission-strong respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on the Service.
    2. Repeat Infringer Policy. mission-strong’s intellectual property policy is to: (a) remove or disable access to material that mission-strong believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on the Service; and (b) remove any User Content Posted to the Service by “repeat infringers.” mission-strong considers a “repeat infringer” to be any User that has repeatedly infringed or repeatedly been charged with infringing the rights of third parties by Posting User Content to the Service for which mission-strong has received takedown notices compliant with respect to such User Content. mission-strong has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon mission-strong’s own determination.
    3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by mission-strong with the User alleged to have infringed a right you own or control, and you hereby consent to mission-strong making such disclosure. Your communication must include substantially the following:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
        Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
        Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit mission-strong to locate the material;
        Information reasonably sufficient to permit mission-strong to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
        A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
        A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringe.
    4. Designated Agent Contact Information. mission-strong’s designated agent for receipt of Notifications of Claimed Infringement (“Designated Agent”) can be contacted at: Via Email: support@mission-strong.com
    5. Counter Notification. If you receive a notification from mission-strong that material you Posted on the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide mission-strong with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to mission-strong’s Designated Agent through one of the methods identified in Section 12.4 above and include substantially the following information:

1. 1. 1. 1. your physical or electronic signature;
        identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
        a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
        your name, address, and telephone number, and a statement that you consent to the jurisdiction of District Court for the judicial district in which the address is located, or if the your address is outside of India, for any judicial district in which mission-strong may be found, and you will accept service of process from the person who provided notification in accordance with Section 12.4 above or an agent of such person.
        You should consult a lawyer to confirm your obligations to provide a valid Counter Notification under the Copyright Act.

1. 1. 1. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to mission-strong in response to a Notification of Claimed Infringement, then mission-strong will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that mission-strong will replace the removed User Content or cease disabling access to it in 10 business days, and mission-strong will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless mission-strong’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on mission-strong’s system or network.
    2. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [mission-strong] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
      mission-strong reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
      For clarity, and notwithstanding anything in this Section 12 to the contrary, mission-strong in its sole discretion may (but has no obligation to) disclose publicly any and all Notices of Claimed Infringement and Counter Notifications.

Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon the earliest of your receipt of notice or acceptance of the modified Terms. Immaterial modifications are effective upon publication. Any updated version of these Terms that we publish will supersede all prior versions of these Terms. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination, and Modification of the Service

1. 1. 1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.
    2. Termination. If you violate any provision of these Terms, your authorization to access the Service automatically terminates. In addition, mission-strong may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by deactivating your account in your account settings or contacting customer service at support@mission-strong.com.
    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay mission-strong any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3, 8, 7.3, 14.3, 15, 16, 17, 18 and 19 will survive.
    4. Modification of the Service. mission-strong reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. mission-strong will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify mission-strong, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “mission-strong Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties

1. 1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. mission-strong DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. mission-strong DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND mission-strong DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR mission-strong ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE mission-strong ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
  3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. mission-strong does not disclaim any warranty or other right that mission-strong is prohibited from disclaiming under applicable law.

Limitation of Liability

1. 1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE mission-strong ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY mission-strong ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
  2. EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE mission-strong ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO mission-strong FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100.
  3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute Resolution and Arbitration

1. 1. Generally. In the interest of resolving disputes between you and mission-strong in the most expedient and cost-effective manner, and except as described in Section 18.2 and 18.3, you and mission-strong agree that every dispute arising in connection with these Terms or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND mission-strong ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  2. Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt-out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to mission-strong specifying your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt-out of arbitration (“Opt-Out Notice”). Once mission-strong receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
  4. Arbitrator. Any arbitration between you and mission-strong will be settled under the Federal Arbitration Act. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or mission-strong may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or mission-strong must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by mission-strong in settlement of the dispute prior to the award, mission-strong will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
  6. Fees. If you commence arbitration in accordance with these Terms, mission-strong will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  7. No Class Actions. YOU AND mission-strong AGREE THAT EACH 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, unless both you and mission-strong agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  8. Modifications to this Arbitration Provision. If mission-strong makes any future change to this arbitration provision, other than a change to mission-strong’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to mission-strong’s address for Notice of Arbitration, in which case your account with mission-strong will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  9. Enforceability. If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if mission-strong receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.

Miscellaneous

1. 1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and mission-strong regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
  2. Governing Law. These Terms are governed by the laws of India without regard to conflict of law principles. You and mission-strong submit to the personal and exclusive jurisdiction of the state courts located within India, for resolution of any lawsuit or court proceeding permitted under these Terms.
  3. Privacy Policy. Please read the mission-strong Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The mission-strong Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
  4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  5. Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  6. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

Terms and Conditions of Use

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