FIRST AMENDMENT SOCIAL MEDIA INC.

Terms Of Service

Important Notice

  • First Amendment Social Media takes No Responsibility and assumes no liability for any content that you, another user, or a thrid party creates. uploads, post. send. receives, or stores on or through our service. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish Content you submit and will be held liable if any lawful actions are filed against you. . You shall be solely responsible for your own Content, also this Platform is for News Post and Shows Only ! Your account will be terminated if you use it for anything other than News! First Amendment Social Media is for The United States and for US Citizens only! The Website is operated by First Amendment Social Media, a Delaware C Corporation with an office at PO Box 3763, Antioch, California, 94509 (and we refer to ourselves as “First Amendment” “we”, “us” or “our”). First Amendment Social Media through its website offers a true Organic untainted Social Media platform of the First Amendment where "We The people " can exercise it in its original form. By using or visiting the First Amendment website or services, or any applications (including mobile applications) made available by First Amendment (collectively, the "Services"), however accessed, you agree to be bound by these Terms and Conditions ("Terms and Conditions"). The Services is owned and controlled by First Amendment Social Media. These Terms and Conditions affect your legal rights and obligations. If you do not agree to be bound by all of these Terms and Conditions, do not access or use the Services. “You” or “User” is defined as any individual who uses or accesses the First Amendment website or Services either as a visitor or an account holder signing into the website with a password. ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT OF ARBITRATION AS DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND FIRST AMENDMENT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. We reserve the right to change these Terms and Conditions at any time without notice to you by posting changes on the website (the “Website”). You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the website or Services after changes are posted constitutes your acceptance of the amended Terms and Conditions. We've drafted these Terms and Conditions (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and First Amendment. So please read them carefully. By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.
1. Who Can Use the Services
  • No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that: 1. You can form a binding contract with First Amendment; 2. You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition; 3. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; 4. You are age 13 or older. 5. You are a US citizen. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Basic Terms

  • 1. You must be at least 13 years old to use the Service. 2. You are responsible for keeping your password secret, safe and secure. 3. You agree that you will not solicit, collect or use the login credentials of other First Amendment users. 4. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms and Conditions or any other First Amendment terms. 5. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, First Amendment prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to First Amendment upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. 6. You must not defame, stalk, harass, abuse, bully, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. 7. These Terms and Conditions apply to all users of the Service, including users who are also contributors of Content on the Service. Content includes any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials. You are solely responsible for your conduct and the Content that you submit, post or display on or via the Service. 8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws. 9. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service. 10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any First Amendment users. 11. You must not use domain names or web URLs in your username without prior written consent from First Amendment. 12. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. 13. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or First Amendment. 14. You must not access First Amendment's private API by means other than those permitted by First Amendment. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. 15. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any First Amendment page is rendered or displayed in a user's browser or device. 16. Violation of these Terms and Conditions may, in First Amendment's sole discretion, result in termination of your First Amendment account. You understand and agree that First Amendment cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for First Amendment, we can stop providing all or part of the Service to you.

3. General Terms

  • 1. We reserve the right, in our sole discretion, to change these Terms and Conditions ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms and Conditions will govern any disputes arising before the effective date of the Updated Terms. 2. We reserve the right to refuse access to the Service to anyone for any reason at any time. 3. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. 4. Upon termination, all licenses and other rights granted to you in these Terms and Conditions will immediately cease. 5. We reserve the right to force forfeiture of any username for any reason.We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms and Conditions. 6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that First Amendment is not responsible or liable for the conduct of any user. First Amendment reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

4. Rights We Grant You - Your Use of the Content

  • First Amendment hereby grants you permission to access and use the Service as set forth in these Terms and Conditions provided that you agree not to distribute in any medium any part of the Service or content without First Amendment’s prior written authorization. You agree not to use the Services for any of the following commercial uses unless you first obtain First Amendment’s written approval: (a) the sale of access to the service; or (b) the sale of advertising, sponsorships or promotions placed on or within the Service or Content. The following restrictions also apply to your use of the Content. 1. The Content on the Service and the trademarks, service marks and logos on the Service are owned by or licensed to First Amendment, subject to copyright and other intellectual property under the law. 2. Content is provided to you AS IS. You may access Content for your information and personal use only as intended through the provided functionality of the Service and as permitted under these Terms of Service. 3. You shall not download any content unless you see a download or similar link displayed by First Amendment on the Service or Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any content for any other purposes without the prior written consent of First Amendment or the respective licensors of the Content. First Amendment and its licensors reserve all rights not expressly granted in and to the Service and the Content. 3. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that First Amendment is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against First Amendment with respect thereto, and to the extent permitted by law, agree to indemnify and hold harmless First Amendment, its owners, operators, licensors, affiliates, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

5. Rights You Grant Us - Your Content and Conduct

  • As a First Amendment account holder you may submit content to the Service. You understand that First Amendment does not guarantee any confidentiality with regard to content that you submit to the Service. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content to the Service. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish Content you submit; and you license to First Amendment all patent, trademark, trade secret, copyright or proprietary rights in and to such Content for publication on the Service pursuant to these Terms and Conditions. For clarity, you retain all of your ownership rights in your content. However, by submitting Content to First Amendment, you hereby grant First Amendment a worldwide non-exclusive, unrestricted, unconditional, unlimited, transferable, sublicensable, irrevocable, royalty-free license to use, communicate to the public, archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use the Content on or in connection with First Amendment’s websites and other branded platforms (the “Services”) and the advertising, marketing, and promotion thereof, in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed. This license includes the right for First Amendment to make the Content available to First Amendment’s users, for sharing among First Amendment’s users, and for saving to their devices. You agree that such uses constitute user-generated content for which First Amendment bears no responsibility. You agree that First Amendment is not liable for any claims or losses based on or arising from any user-generated content. The above licenses granted by you are perpetual and irrevocable. You further agree that Content you submit to the Service will not contain third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the right owner of the material or you are otherwise legally entitled to post the material and grant to First Amendment all of the license rights granted herein. You agree that First Amendment is under no obligation to pay you or any third party any consideration or compensation for the Content or First Amendment’s or any user’s use of the Content. To the extent permissible under applicable law, you irrevocably waive – or agree not to assert against First Amendment to the extent a waiver is not permitted – any and all moral rights or equivalent rights you may have in the Content throughout the world. You agree that First Amendment may in its discretion resize, set the transparency of, and make other alterations to the Content to appropriately display it in on the Services or elsewhere. If First Amendment does make the Content available on the Service, you acknowledge and agree that First Amendment has the right (but no obligation) to publicly attribute the Content to you, including by posting your name and city, state, and country, as submitted by you or as tied to your account. To the extent it's necessary, you also grant First Amendment and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice solely in any form and in any and all media or distribution methods (now known or later developed). This means, among other things, that you will not be entitled to any compensation from First Amendment or our business partners if your name, likeness, or voice is conveyed through our Services. While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service. The Services may contain advertisements. In consideration for First Amendment letting you access and use the Services, you agree that First Amendment, its affiliates, and third-party partners may place advertising on the Services. We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

6. The Content of Others

  • Much of the content on our Services is produced by users and other third parties and may contain content from publishers. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although First Amendment reserves the right to review all content that appears on the Service and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Service. Through these Terms, we make clear that we do not want the Service put to bad uses. But because we do not review all content, we cannot guarantee that content on the Service will always conform to our Terms. A. Things we are not responsible for: 1. We and our subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, secure, or error-free; (c) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; or (d) any errors in the Service will be corrected.. 2. First Amendment does not pre-screen users or the content or information provided by users. Moreover, First Amendment cannot guarantee the true identity of a user. 3. We do not take responsibility for and have no liability in respect of any failure to perform, or delay in performance of, any of our obligations under these Terms to the extent it is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. In such situations our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the situation and we will use our reasonable endeavors to find a solution by which our obligations under these Terms may be performed despite the situation.

7. Intellectual property rights

  • 7.1 You acknowledge that all intellectual property rights in the Service anywhere in the world belongs to us or our licensors, that rights in them are licensed (not sold) to you, and that you have no rights in, or to, the Service other than the right to use each of them in accordance with these Terms. 7.2 You acknowledge that you have no right to have access to the Service in source-code form.

8. Privacy

  • Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy 1stamendmentsocialmedia.com/privacy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that First Amendment can collect, use, and transfer your information consistent with that policy.

9. Respecting Other People's Rights

  • First Amendment respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that: 1. violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right; 2. bullies, harasses, or intimidates; 3. defames; or 4. spams or solicits First Amendment's users. You must also respect other's rights. These Terms do not grant you any right to: 1. use branding, logos, designs, photographs, videos, or any other materials used in our Service; 2. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Service or the content on the Service except as set forth in these Terms; 3. use the Service or any content on the Service for any commercial purposes without our consent. In short: You may not use the Service or the content on the Service in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.

10. Respecting Copyright ( add copyright link here )

  • First Amendment honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if First Amendment becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Service infringes a copyright that you own or control, please contact First Amendment.: at copyright MAKE THIS A LINK If you file a notice by mail with First Amendment, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: 1. contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; 2. identify the copyrighted work claimed to have been infringed; 3. identify the 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 let us locate the material; 4. provide your contact information, including your address, telephone number, and an email address; 5. provide a personal 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 6. provide 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 copyright owner.

11. Safety

  • We try hard to keep our Service a safe place for all users. But we can't guarantee it. That's where you come in. By using the Service, you agree that: 1. You will not use the Service for any purpose that is illegal or prohibited in these Terms. 2. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other user's information. 3. You will not use or develop any third-party applications that interact with the Service or other users' content or information without our written consent. 4. You will not use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service. 5. You will not use or attempt to use another user's account, username, or password without their permission. 6. You will not solicit login credentials from another user. 7. You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence. 8. You will not upload viruses or other malicious code or otherwise compromise the security of the Service. 9. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access. 10. You will not probe, scan, or test the vulnerability of our Service or any system or network. 11. You will not encourage or promote any activity that violates these Terms. We also care about your safety while using our Service. So do not use our Service in a way that would distract you from obeying traffic or safety laws.

12. Your Account

  • You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content to the Service. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish Content you submit; and you license to First Amendment all patent, trademark, trade secret, copyright or proprietary rights in and to such Content for publication on the Service pursuant to these Terms and Conditions. By using the Service, you agree that, in addition to exercising common sense: 1. You will not create more than one account for yourself. 2. You will not create another account if we have already disabled your account, unless you have our written permission to do so. 3. You will not buy, sell, rent, or lease access to your account without our written permission. 4. You will not share your password. 5. You will not log in or attempt to access the Service through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to First Amendment Support.

13. Data Charges and Mobile Phones

  • You are responsible for any mobile charges that you may incur for using our Service, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Service. If you change or deactivate the mobile phone number that you used to create a First Amendment account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

14. Third-Party Services

  • If you use a service, feature, or functionality that is operated by a third party and made available through our Service (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. First Amendment is not responsible or liable for those third party's terms or actions taken under the third party's terms.

15. Modifying the Service and Termination

  • We may add or remove features, products, or functionalities, and we may also suspend or stop the Service altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong user of First Amendment, you can terminate these Terms at any time and for any reason by deleting your account. First Amendment may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Service. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and First Amendment continue to be bound by the Terms of this Agreement.

16. Disclaimers

  • Limitation of Liability; Waiver UNDER NO CIRCUMSTANCES WILL FIRST AMENDMENT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES OR WEBSITE; (B) THE FIRST AMENDMENT CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FIRST AMENDMENT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF FIRST AMENDMENT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL FIRST AMENDMENT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL FIRST AMENDMENT’S TOTASER, OR A THIRD PARTY CREATES, UPLOADS, L LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE UNITED STATES DOLLAR ($1.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FIRST AMENDMENT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY FIRST AMENDMENT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY FIRST AMENDMENT.. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FIRST AMENDMENT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

17. Limitation of Liability

  • We try to keep the Service up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE FIRST AMENDMENT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICE WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY FIRST AMENDMENT CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE TIMELY OR ACCURATE. FIRST AMENDMENT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER UPOSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH FIRST AMENDMENT WILL BE RESPONSIBLE FOR. TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

18. Indemnity

  • You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at First Amendment's request), indemnify and hold First Amendment harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by First Amendment in the defense of any claim. First Amendment reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of First Amendment.

19. Arbitration, Class Waiver, and Jury Waiver

  • PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH FIRST AMENDMENT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Arbitration

  • Except if you opt-out, you agree that all disputes between you and First Amendment (whether or not such dispute involves a third party) with regard to your relationship with First Amendment, including without limitation disputes related to these Terms and Conditions, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and First Amendment hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor First Amendment will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if First Amendment is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either First Amendment or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions. All claims must be arbitrated in Contra Costa County, California. You may opt out of this agreement to arbitrate. If you do so, neither you nor First Amendment can require the other to participate in an arbitration proceeding. To opt out, you must notify First Amendment in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: First Amendment Social Media ATTN: Arbitration Opt-out, PO Box 3763 Antioch, California, 94509. You must include your name and residence address, the email address you use for your First Amendment account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with First Amendment.

Time Limitation on Claims

  • You agree that any claim you may have arising out of or related to your relationship with First Amendment must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

  • These Terms and Conditions are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with First Amendment exclusively in a state or federal court located in Contra Costa County, California, and to submit to the personal jurisdiction of the courts located in Contra Costa County for the purpose of litigating all such disputes. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. First Amendment's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. First Amendment reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with First Amendment.

20. Entire Agreement

  • If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms and Conditions constitute the entire agreement between you and First Amendment and governs your use of the Service, superseding any prior agreements between you and First Amendment. You will not assign the Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of First Amendment. Any purported assignment or delegation by you without the appropriate prior written consent of First Amendment will be null and void. First Amendment may assign these Terms and Conditions or any rights hereunder without your consent. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms and Conditions remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms and Conditions. These Terms and Conditions do not confer any third-party beneficiary rights.

21. Territorial Restrictions

  • The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject First Amendment to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that First Amendment provides. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The effective date of these Terms and Conditions is October 1, 2016. These Terms and Conditions were written in English (US). To the extent any translated version of these Terms and Conditions conflicts with the English version, the English version controls.

22. Severability

  • If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

23. Additional Terms for Specific Services

  • Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

24. Final Terms

  • These Terms make up the entire agreement between you and First Amendment, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

Contact Us

  • First Amendment welcomes comments, questions, concerns, or suggestions. Please send all suggestions to: PO BOX 3763 Antioch, California, 94509

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