Terms of Service for todaytoday
last updated May 15, 2023
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1. Introduction and Acceptance of Terms
Welcome to todaytoday, an application (the "App") owned and operated by Islands, XYZ, a company incorporated in San Francisco, California ("Company", "we", "us", "our"), located at 2261 Market Street #4635 San Francisco, CA 94114.
These Terms of Service ("Terms") govern your use of the App, and by accessing and using the App, you ("User", "you", "your") agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the App.
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2. Eligibility
You must be at least 18 years old to use the App. If you are under the age of 18, you must have parental or guardian consent to use the App. By using the App, you represent and warrant that you meet the eligibility requirements. We may terminate your access to and use of the App without warning if we believe that you do not meet these eligibility requirements.
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3. User Accounts
To access some features of the App, you may need to register for an account. When registering for an account, you must provide accurate and complete information, and you agree to update your information if it changes. You are solely responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account.
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4. Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, protect, and share your personal information and other data. By using the App, you agree to our collection, use, and disclosure practices, and other activities as described in our Privacy Policy.
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5. User Content & License
You retain all rights in and to the content you post, upload, or otherwise share on the App (collectively, "User Content"). However, by providing User Content to the App, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing the App.
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6. Prohibited Conduct & Content
You agree not to use the App in any way that is prohibited by these Terms or by applicable law. In addition, you agree not to post, upload, or otherwise share any content that:
* Is sexually explicit or pornographic, exploits or harms minors, or promotes illegal activities;
* Harasses, threatens, or bullies others, or promotes discrimination, hatred, or violence against any individual or group;
* Is false, misleading, or deceptive;
* Promotes illegal or harmful activities or substances;
* Violates any other person's legal rights, including privacy and intellectual property rights, or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations;
* Contains any harmful or malicious software or other technology that could damage, interfere with, or disrupt the App or any user's equipment or data.
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7. Third-Party Services
The App may allow you to access, interact with, or purchase services from third parties, including through third-party links and by using third-party tools and APIs. These third-party services are not under our control, and your interactions with them are solely between you and the third party. We are not responsible for the content, accuracy, privacy practices, or other aspects of these third-party services.
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8. Intellectual Property Rights
Except for User Content, all content and materials on the App, including but not limited to the App's look and feel, data, information, documents, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, URLs, and content provided by our partners or third parties, are owned by us and are protected by applicable intellectual property laws.
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9. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the App will be settled by binding arbitration between you and the Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
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10. Termination
We reserve the right, without notice and in our sole discretion, to terminate your license to use the App and to block or prevent your future access to, and use of, the App. If your account is terminated for any reason, you are not entitled to any compensation for any User Content that was removed (or, in our discretion, left behind).
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11. Modifications to the App and these Terms
We reserve the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the App or any part thereof.
We may amend these Terms at any time by posting the amended terms on our App. Your continued use of the App after the amended terms become effective means you accept the amended Terms.
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12. Disclaimer of Warranties
The App and all materials and content available through the App are provided "as is" and on an "as available" basis. The Company disclaims all warranties of any kind, whether express or implied, relating to the App and all materials and content available through the App, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade.
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13. Limitation of Liability
To the fullest extent permitted by applicable law, the Company will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if the Company has been advised of the possibility of such damages.
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14. Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "Company Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your User Content; (b) your use of, or inability to use, the App; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations.
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15. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
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16. Contact Information
If you have any questions about these Terms, please contact us at: legal@islands.xyz