LAST REVISED ON: JANUARY 3, 2021
These Terms set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
IF YOU DO NOT AGREE TO COMPLY WITH THESE OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SITE
PART I of these Terms apply to all users of the Site, including visitors to the Site; those who register to be users; those who receive services or goods through the Site; those who make content including any photos, videos, or text available on the Site through uploads, posts, email, transmission, or otherwise (“Contributors”); and administrators of one or more pages on the Site using our Business Services offering.
PART II of these Terms are additional terms and conditions that apply only to Contributors, which may include administrators using our Business Services offering.
PART I: TERMS FOR ALL USERS
1.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You agree to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Site. You further agree that you will not maintain more than one Account for the same Company service at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. ACCESS TO THE SITE
2.1 License to Access Site. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use.
2.2 Modification and Discontinuation. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms.
2.3 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
3.1 Types of Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site, including content in the user’s profile or postings. “Contributor Content” means any data, photos, videos, text, and any other content including content procured through interviews for stories, podcasts, webinars, or articles, that a user uploads, posts, emails, transmits, or otherwise makes available on the Site. Collectively, User Content and Contributor Content is hereinafter referred to as “Content”.
3.2 Responsibility for Content. You are solely responsible for your Content. You assume all risks associated with use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that personally identifies you or any third party. You may not represent or imply to others that your Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your Content, you may expose yourself to liability if, for example, your Content violates the Acceptable Use Policy. Your Content may be modified or deleted from the Site by you or the Company at any time without prior notice. Company is not obligated to backup any Content. You are solely responsible for creating and maintaining your own backup copies of your Content if you desire. You acknowledge and agree that any ideas, suggestions, documents, and/or proposals related to your Content that you submit is not confidential nor proprietary. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
3.3 License to User Content. You hereby grant to Company a perpetual, irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, commercialize, and otherwise use and exploit your User Content, and to grant sublicences or transfer the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.4 No Fee. You agree that you shall not be entitled to any monetary compensation in connection with your Content.
4. ACCEPTABLE USE POLICY.
4.1 The Site. You agree not to use the Site in any of the following manners:
(a) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(b) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(c) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(e) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
(f) harass or interfere with any other user’s use and enjoyment of the Site;
(g) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);
(h) in violation of any law, regulation, rule, applicable standards, or third-party rights; or
(i) otherwise attempt to harm the Site.
4.2 Content. You agree not to use the Site to collect, upload, transmit, display, or distribute any Content that:
(a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or privacy right or third-party restrictions;
(b) would constitute, encourage or provide instructions for a criminal offense;
(c) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
(d) is harmful to minors in any way;
(e) is in violation of any local, state, national, or international law, regulation, rule, or applicable standards, including without limitation the regulations of the U.S. Securities and Exchange Commission (SEC), or any rules of a securities exchange such as the New York Stock Exchange (NYSE) or the American Stock Exchange (NASDAQ);
(f) includes private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(g) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including with the Company; or
(h) may expose Company Parties or any of the other users of the Site to any harm or liability.
4.3 License Restrictions. The license to use and access the Site granted to you are subject to the following additional restrictions. You shall not:
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
(c) you shall not access the Site in order to build a similar or competitive website, product, or service; and
(d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site in any form or by any means.
(e) use any metatags or other hidden text using Company’s name or Company Marks.
(f) remove or alter any copyright and other proprietary notices on the Site (or on any content displayed on the Site) and on all copies thereof.
4.4 Monitoring and Enforcement. We reserve the right (but have no obligation) to pre-screen, monitor, or review any Content. You acknowledge and agree that Company may in its sole discretion to refuse or remove any Content. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provisions of this Section 4 (“Acceptable Use Policy”) or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities.
5. INTELLECTUAL PROPERTY.
5.1 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Ownership.Excluding any Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, including your Account, are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
5.2 Copyright and Trademark.Copyright © 2021 All Sober, Public Benefit Corporation. All rights reserved. Company’s stylized name, trademarks, graphics, logos, service marks and trade names used on or in connection with the Site or Company’s services (“Company Marks”) are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Site (“Third-Party Marks”) are the property of their respective owners. Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Marks displayed on the Site, without our prior written permission in each instance. You are not permitted to use the Third Party Marks on our Site without our prior written consent or the consent of such third party which may own the Third-Party Marks.
6. REPRESENTATION AND WARRANTIES
6.1 Your Representation and Warranties. You represent and warrant that:
(a) all required registration information you submit is and will continue to be or where information needs to be updated, will promptly be updated in order to remain truthful and accurate;
(b) your Content and use of the Site does not and will not violate our Acceptable Use Policy as defined in Section 4;
(c) you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent); and
(d) you have the right, power, and authority to grant the rights and licenses granted and perform the obligations as provided for in these Terms; and
(e) you are at least eighteen (18) years of age.
6.2 Warranty Disclaimer. The Site is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement arising from the use of the Site, these Terms, or any products or services offered through this Site. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
You agree to indemnify, defend, and hold harmless Company, its affiliates, and each of their officers, employees, partners, suppliers, and agents (collectively, “Company Parties”) against any liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, relating to or arising out of: (a) your use of or inability to use the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your violation of any rights of a third party, including any other users of our Site, or (e) your Content. Company reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This provision does not require you to defend, indemnify, or hold harmless any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
8. THIRD-PARTY LINKS & ADS; OTHER USERS
8.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).
SUCH THIRD-PARTY LINKS & ADS ARE NOT UNDER THE CONTROL OF COMPANY, AND COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY LINKS & ADS. COMPANY PROVIDES ACCESS TO THESE THIRD-PARTY LINKS & ADS ONLY AS A CONVENIENCE TO YOU, AND DOES NOT REVIEW, APPROVE, MONITOR, ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THIRD-PARTY LINKS & ADS. YOU USE ALL THIRD-PARTY LINKS & ADS AT YOUR OWN RISK, AND SHOULD APPLY A SUITABLE LEVEL OF CAUTION AND DISCRETION IN DOING SO.
When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should engage in the appropriate reasonable and necessary investigation before proceeding with any transaction in connection with such Third-Party Links & Ads.
8.2 Other Users. Each Site user is solely responsible for any and all of its own Content. Because we do not control Content, you acknowledge and agree that we are not responsible for any Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
8.3 Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site, including but not limited to, any interactions with or conduct of other users of the Site or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites or any related Company services.
9. MEDICAL DISCLAIMER
THE INFORMATION CONTAINED IN THE SITE IS IN NO WAY MEANT TO PROVIDE MEDICAL, HEALTH, OR TREATMENT ADVICE, BUT INSTEAD TO PROVIDE ACCESS TO INFORMATION, RESOURCES, AND A NETWORK FOCUSED ON RECOVERY AND MAINTENANCE OF SOBRIETY. YOU EXPRESSLY AGREE AND UNDERSTAND THAT COMPANY IS NOT A LICENSED HEALTH CARE PROVIDER AND THAT THE COMPANY’S SERVICES INCLUDING WHAT IS OFFERED IN AND THROUGH THE SITE ARE NOT A SUBSTITUTE FOR INDEPENDENT MEDICAL CARE BY A QUALIFIED HEALTH CARE PRACTITIONER. ALL SOBER MAKES NO WARRANTIES OR ASSURANCES WITH RESPECT TO THERAPEUTIC BENEFITS OF WHAT IS OFFERED IN OR THROUGH THE SITE, IF ANY, INCLUDING ANY CONTENT. COMPANY URGES YOU TO CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER IF YOU OR A LOVED ONE IS STRUGGLING WITH ADDICTION.
10. LIMITATION ON LIABILITY
10.1 Indirect Damages. To the maximum extent permitted by law, and subject to Section 10.3, in no event shall Company Parties be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, or from any communications, interactions, or meetings with other users of the Site, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other theory of liability, even if Company has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
10.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 10.3, UNDER NO CIRCUMSTANCES WILL COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH CLAIM ARISES, OR (C) ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
10.3 Exclusions. The limitations on liability in Sections 10.1 and 10.2 above shall apply to the maximum extent permitted by law, but Company does not limit its liability caused by its gross negligence, fraud, or willful misconduct.
10.4 Basis of the Bargain. The limitations on damages set forth above are fundamental elements of the basis of the bargain between you and Company.
11. TERM AND TERMINATION
11.1 Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Content.
11.2 No Subsequent Registration. Where Company terminates your account and bars you from further use of the Site, you shall not attempt to re-register with or access the Site through use of a different user name or otherwise.
11.3 Survival. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 to 2.3, and Sections 3 to 13.
12. DISPUTE RESOLUTION
12.1 Negotiation or Mediation. Parties shall first attempt to resolve any disputes arising out of the Site or these Terms by negotiation or mediation with a neutral third-party negotiator acceptable to both parties. Mediation expenses will be shared equally by the parties.
12.2 Arbitration. If parties are not able to resolve the dispute by negotiation or mediation within thirty (30) days from the date of the written notice of the dispute, the dispute shall be exclusively settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) (adr.org) or Judicial Arbitration and Mediation Services, Inc. (“JAMS”) (jamsadr.com). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Parties must abide by the following rules:
(a) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding;
(b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief;
(c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
(d) the arbitrator shall honor claims of privilege and privacy recognized at law;
(e) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction;
(f) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
(g) each side shall pay its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
12.3 Waiver of Jury Trial. Except as provided for in Section 12.4: (a) you are giving up your right to go to court to assert or defend your rights, and (b) your rights will be determined by a neutral mediator or arbitrator, not a judge or jury.
12.4 Exclusions. Notwithstanding the foregoing sections:
(a) Either you or we may bring an individual action in small claims court.
(b) Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to mediation or arbitration requirements in Sections 12.1 and 12.2. Such claims shall be exclusively brought in the state or federal courts located in Delaware.
(c) Either party may seek emergency equitable relief before the state or federal courts located in Delaware in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Delaware for such purpose.
(d) A request for interim measures shall not be deemed a waiver of the right to mediate or arbitrate.
12.5 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of Delaware, except that the arbitration provision shall be governed by the Federal Arbitration Act.
13.1 Changes to Terms. These Terms are subject to occasional revision. If we make any substantial changes, we will make commercially reasonable efforts notify you by sending you an e-mail to the last e-mail address you provided to us (if any), or by prominently posting a notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you (if applicable) or ten (10) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.2 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, policies, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
13.3 Entire Terms. These Terms, including the additional terms and policies which have been included herein by reference, constitute the entire agreement between you and us regarding the use of the Site.
13.4 Waiver. A waiver by Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Company and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
13.5 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
13.6 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.7 Relationship between you and us. You confirm that you are acting on your own behalf (and your organization’s behalf where applicable) and not for the benefit of any other person. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
13.8 Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
13.9 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of our Site who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the Account(s) of any Site users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13.10 Notice and Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at:
Attn: Legal Department
All Sober, PBC
712 H Street, N.E. Unit #5977
Washington, DC 20002
You may also provide notice by email where one has been provided to you for such purposes. Legal notice shall be deemed given when sent to the email address so provided, or when received by All Sober by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail at the address provided above.
PART II: ADDITIONAL TERMS ONLY FOR CONTRIBUTORS
A. AGREEMENT TO ADDITIONAL TERMS
By submitting Contributor Content to the Site, you are agreeing to be bound by these additional terms and conditions under this Part II of the Terms.
B. LICENSE TO CONTRIBUTOR CONTENT
You hereby grant to Company a perpetual, irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, commercialize, and otherwise use and exploit your Contributor Content, and to grant sublicences or transfer the foregoing rights, throughout the world in any media, now known or hereafter devised, for any purpose.
C. ORIGINAL CONTENT
Contributor Content must be the Contributor’s own original work and not published anywhere else online, except directly by the Contributor. Plagiarism is not permitted and will be reported. When quoting others, you shall credit your sources accordingly. Company reserves the right to refuse publication and remove Contributor Content at any time.
If images accompany a guest post, rights for online use of the image must be purchased by the Contributor. Company reserves the right to replace images if needed. Images are not required.
To avoid any conflicts of interest, direct promotion of your product and services is not allowed excepted as provided in the platform directory listings. At the end of the Contributor Content, the author’s bio and a backlink to their appropriate business website will be included. Contributor may promote Contributor Content on social media channels. Contributor agrees to post on at least one social media channel.
F. COPYRIGHT COMPLAINTS
The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below.
Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be mailed to All Sober at the address set forth in the Section 13.10 of these Terms.
To be effective, the notification must be in writing and contain the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your Contributor Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Contributor Content, you may send a written counter-notice containing the following information to Company at the address listed in Section 13.10 of these Terms.
To be effective, the notification must be in writing and contain the following information:
(a) your physical or electronic signature;
(b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(c) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored after receipt of the counter-notice, at our sole discretion.