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This Terms of Use Agreement (the "Agreement") is entered into between [Company Name] ("Company") and the user ("User") of the Caption Birds website ("Website") and governs the use of the Website.
By accessing or using the Website, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree with these terms and conditions, User must not access or use the Website.
User acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.
2.1 User Eligibility
The Website is intended for individuals who are at least 18 years old. By accessing or using the Website, User represents and warrants that they are at least 18 years old.
2.2 Compliance with Laws
User agrees to comply with all applicable laws, regulations, and third-party rights when using the Website.
2.3 Prohibited Activities
User agrees not to engage in any of the following activities while using the Website:
User acknowledges that they have reviewed and accepted the Privacy Policy of the Website [link to Privacy Policy] and agrees that the collection, use, and disclosure of their personal information by the Company is governed by the Privacy Policy.
4.1 Ownership
All intellectual property rights, including copyrights, trademarks, logos, and designs ("Intellectual Property") displayed on the Website are the property of the Company or third parties. User agrees not to use, reproduce, or distribute any Intellectual Property without obtaining proper authorization.
4.2 User Content
User retains all ownership rights in the images, videos, or any other content ("User Content") uploaded or submitted to the Website. By uploading or submitting User Content, User grants the Company a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, distribute, and display the User Content for the purposes of providing the Services.
4.3 Copyright Infringement
The Company respects the intellectual property rights of others and expects Users to do the same. If User believes that their copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, User may notify the Company in accordance with the Digital Millennium Copyright Act (DMCA) [link to DMCA Policy].
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE.
User agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, costs, and expenses, including attorneys' fees, arising out of or in connection with User's use or misuse of the Website, violation of this Agreement, or infringement of any third-party rights.
This Agreement shall remain in full force and effect while User uses the Website. The Company may terminate or suspend User's access to the Website at any time without notice and for any reason, including breach of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any legal actions, suits, or proceedings arising out of or related to this Agreement shall be venued in the courts of [Jurisdiction], and User consents to the exclusive jurisdiction of such courts.
This Agreement constitutes the entire agreement between User and Company regarding the subject matter herein and supersedes any prior or contemporaneous agreements, communications, or understandings, whether oral or written.
Please note that this is a sample Terms of Use Agreement and should not be considered as legal advice. It is recommended to consult with a qualified legal professional to tailor this Agreement according to the specific laws and requirements of your jurisdiction.