Welcome to TRASH! These Terms govern your access to and use of the websites and user interfaces, including trash.app, application(s) (the “App”), products, features, technologies, software and services (collectively with the App, the “Services”) operated by TRASH Inc. (“TRASH”, “we”, “us” and “our”).
These Terms are a binding contract between you and TRASH. You must agree to and accept all of these Terms, or you don’t have the right to use the Services. Your access to or use of the Services in any way means that you agree to all of these Terms and by accessing or using our Services, you acknowledge you have read and understood these Terms and agree to be bound by them.
In order to access and use the Services, you need to be 18 years or older (or the age of legal majority where you live), or be 13 years or older and have your parent’s or guardian’s consent.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 25 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change these Terms at any time, but if we do, we will post the amended Terms to the Services and update the “Effective Date” below. We may also attempt to bring it to your attention by other means, including by placing a notice within the Services or by sending you an email notification to the email address associated with your account, as appropriate under the circumstances.
Unless we say otherwise in our notice, the amended Terms will be effective immediately. If you don’t agree with the amended Terms, you are free to reject them; unfortunately, that means you will no longer be able to access or use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes made by TRASH as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. WHAT IF I HAVE QUESTIONS ABOUT THESE TERMS?
If you have any questions, comments, or concerns regarding these Terms or the Services generally, please contact us by email: firstname.lastname@example.org, phone: (201) 676-0329, or you can write to us at: TRASH INC, 697 Grand St #918, Brooklyn, NY 11211.
3. WHO CAN USE THE SERVICES?
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user of our Services (each, a “user”) under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such User in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
4. What about my privacy?
5. WHAT IF I HAVE SUGGESTIONS FOR OR FEEDBACK ON THE SERVICES?
TRASH does not accept or consider unsolicited feedback, suggestions, ideas, proposals, concepts, improvements, enhancements, and/or feature requests relating to the Services (collectively, “Unsolicited Submissions”). TRASH requests that you do not submit any Unsolicited Submissions. However, by submitting, uploading, or transmitting Unsolicited Submissions to us on or through the Services, you acknowledge and agree that any such Unsolicited Submissions will be deemed User Submissions (as defined below) and licensed to us as set forth in Section 11 below.
6. DO I NEED AN ACCOUNT TO USE THE SERVICES?
You may be required to sign up for an account and select a password and user name (“User ID”) or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Services . If you sign up for an account, you promise to provide us with accurate, complete, and updated registration information. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not sell, transfer, or assign your account or any account rights to anyone else without our prior written permission.
You will not share your account or password with anyone, you must protect the security of your account and your password, and you will promptly notify us if you discover or suspect that someone has accessed your account or any of your account credentials without your permission. You’re solely responsible for any activity associated with your account, password, and User ID – whether or not you authorized the activity.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or anyone else arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account.
If you establish an account on behalf of a company, organization, entity, or brand (a “Company”, and such account a “Company Account”), the terms “you” and “your,” as used throughout these Terms, apply to both you and the Company. If you create a Company Account, then you
7. DO I NEED TO MAKE A USER PROFILE?
We may allow you and other Users to create a public profile page (a “User Profile”). You may not include any form of prohibited User Submissions in your User Profile. Without limiting the foregoing, User Profiles may not include content that you are attempting to sell through the Services, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions without our prior written consent. We may offer you the ability to set preferences relating to your User Profile or Service activities, but settings may not become effective immediately or be error free, and options may change from time to time. We assume no responsibility or liability for your or any Users’ User Profile material.
User Profiles may only be set up by an authorized representative of the individual that is the subject of the User Profile. We do not review User Profiles to determine if they were created by an appropriate party, and we are not responsible for any unauthorized User Profiles that may appear on the Services. If there is any dispute as to whether Profile Pages has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion.
8. HOW WILL TRASH COMMUNICATE WITH ME?
When you create an account with us or communicate with us electronically, such as via email, you consent to receive electronic communications from TRASH in accordance with applicable law and any Additional Terms. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
9. WHAT CONDUCT IS PROHIBITED ON THE SERVICES?
You are solely responsible for your conduct while accessing or using our Services and any TRASH Content (as defined below). In addition to the restrictions in Section 13 below, you represent, warrant, and agree that you will not contribute (as defined below) any User Submission or otherwise use or interact with the TRASH Content, the Services, or any other user in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including TRASH);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your TRASH account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain or solicit the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content through use of manual or automated means;
- Attempts to circumvent any content-filtering techniques we employ or attempts to access any feature or area of our Services or TRASH Content that you are not authorized to access;
- Copies, downloads, redistributes, reproduces, “rips”, records, transfers, displays to the public, broadcasts, stores, or makes available to the public any portion of the Services or TRASH Content, or otherwise makes any use of the Services or TRASH Content, which is not expressly permitted under these Terms, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the TRASH Content, or any part of it;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services or TRASH Content;
- Encourages, promotes, or otherwise violates these Terms or any Additional Terms; or
- in TRASH’s sole judgment, is objectionable or that restricts or inhibits any other person from using the Services, or that may expose TRASH, the Services, and any other users or others to any harm or liability of any type.
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Rulez).
A violation of any of the foregoing (including those restrictions in Section 13 below) is grounds for termination of your right to use or access the Services.
10. WHAT ARE MY RIGHTS IN THE SERVICES?
The Services contain a variety of: (a) materials and other items relating to TRASH and its products and services, and similar items from our licensors and other third parties, including, but not limited to, all layout, information, files, text, graphics, data, articles, photos, images, illustrations, instructions, button icons, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (b) sound recordings and/or musical compositions (collectively, “Music Content”), including those contributed by users, for the purpose of possible incorporation into your and other users’ User Submissions; (c) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of TRASH; and (d) other forms of intellectual property (all of the foregoing, the “TRASH Content”), which are protected by copyright and/or other intellectual property and unfair competition rights and laws.
You understand that TRASH and our licensors and certain other third parties own or control the Services (including past, present, and future versions) and the TRASH Content, and that the TRASH Content is licensed, not sold, to you by TRASH.
Subject to your strict compliance with these Terms and any Additional Terms at all time during your use of the Services, TRASH hereby grants to you a limited, non-exclusive, revocable, non-assignable, non-sublicensable non-transferable right and license to: (i) access and use the Services, and the User Submissions contributed to the Services, using the features and functionalities of the Services; and (ii) to share and download your and other users’ User Submissions where the appropriate functionality has been enabled by the user who uploaded the relevant User Submission on permitted devices for your personal, non-commercial use only solely through the Services or as otherwise permitted by TRASH (your “Limited License”). Your Limited License shall remain in effect until and unless terminated by you or TRASH. Except as explicitly stated in these Terms or any Additional Terms, TRASH, our licensors, and other third parties who may own or control any portion of the Services or TRASH Content reserve all rights in and to the Services and the TRASH Content.
YOU UNDERSTAND THAT NO OWNERSHIP RIGHTS ARE ASSIGNED TO YOU WITH RESPECT TO MUSIC CONTENT THAT IS MADE AVAILABLE FROM OR THROUGH THE SERVICES.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any TRASH Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any TRASH Content not owned by you, (A) without the prior consent of the owner of that TRASH Content or (B) in a way that violates someone else’s (including TRASH’s) rights. Unless specifically indicated otherwise in these Terms or any Additional Terms, you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services or TRASH Content.
The Services may allow you to copy or download certain TRASH Content. Please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do! Any use of our Services or TRASH Content other than as specifically authorized in these Terms (or any Additional Terms), without our prior written permission, is strictly prohibited and will terminate your Limited License.
11. I WANT TO UPLOAD VIDEOS, MUSIC, OR OTHER CONTENT - DO I HAVE TO GRANT ANY LICENSES TO TRASH OR TO OTHER USERS?
For all your User Submissions (except any of Your Music Content (as defined below)), you hereby grant TRASH a perpetual, irrevocable, non-exclusive, unrestricted, unconditional, royalty-free, worldwide, fully-paid license to translate, modify, adapt and edit (including for technical purposes, for example making sure your User Submission is viewable on an iPhone), create derivative works from, host, store, display, broadcast, publicly perform, promote, exhibit, syndicate, distribute, and/or reproduce all or any portion of such User Submissions for the purposes of: (a) enabling us to operate and provide the Services as authorized by these Terms and any Additional Terms; (b) making your User Submissions accessible to other users (where applicable); and (c) using in connection with developing and improving the Services (for example, in connection with developing and training our Services’ artificial intelligence algorithm) (collectively, the “Permitted Uses”), in each case, in any format and channels now known or later developed and with any technology or devices now known or later developed, and to advertise, market, and promote the same, without compensation, credit, or notice to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any such User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
TRASH also offers you the ability to contribute certain original Music Content to the Services for possible incorporation into your and/or other users’ other User Submissions (such Music Content, “Your Music Content”). For all Your Music Content, you hereby grant TRASH a non-exclusive, worldwide, unconditional, unrestricted, royalty-free, fully-paid right and license to host, store, reproduce, distribute, publicly display, publicly perform, publicly communicate, create derivative works from, transmit, and otherwise make available Your Music Content on and through the Services for the purposes of the Permitted Uses.
If you contribute any User Submission (including Your Music Content) in a manner such that other users can view it, then you also grant a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable, royalty free, fully-paid right and license to such other users and to operators and users of any other third-party websites, apps, services, and/or platforms that are not owned or controlled by TRASH (collectively, “Third-Party Services”) to which your User Submission has been shared or embedded using the Services for the purposes of accessing and using that User Submission, as permitted by the features and functionality of the Services and within the use restrictions (if any) set by you in using the Services. This means, for example, that if you follow another user on the Services, then that user and any other users that user follows may be able to view your User Submission, and will have a license to such User Submission in accordance with these Terms and any Additional Terms unless you change this feature in your account settings.
To the extent necessary, when you appear in or contribute a User Submission, you also grant TRASH the unrestricted, worldwide, royalty-free, perpetual right and license to use your name, image, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from TRASH if your name, image, likeness, or voice is conveyed on or through the Services.
12. WHAT ELSE DO I NEED TO KNOW ABOUT CONTENT I SUBMIT TO THE SERVICES?
By accessing or using the Services, you understand and agree that:
- You may not contribute any User Submission to the Services to which you do not hold the necessary rights! Any unauthorized use of material protected by copyright or any other intellectual property or similar right within your User Submission, whether it is unauthorized at the time you initially contribute it or becomes unauthorized at a later point, may constitute an infringement of the rights of others and is strictly prohibited.
- Except as specifically permitted by us in these Terms or any Additional Terms, you (i) have no right to receive any income or other consideration from any User Submission or your use of any Music Content made available to you on or through the Services, including in any User Submissions created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Submission within the Services or on any Third-Party Services (e.g., you cannot claim User Submissions that have been uploaded to a social media platform such as YouTube for monetization).
- When you contribute User Submissions on or through our Services, your User Submissions and any associated information (such as your User ID or User Profile photo) will be visible to the public. You agree that (i) your User Submissions will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (ii) we do not assume any obligation of any kind to you or any third party with respect to your User Submissions.
- TRASH, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the licenses you grant to us in these Terms or any Additional Terms include the rights to do so.
13. DO YOU PLACE ANY RESTRICTIONS ON THE TYPE OF CONTENT I CAN SUBMIT TO THE SERVICES?
Yes. Each time you contribute any User Submission, in addition to the restrictions in Section 9 above, you represent, warrant, and agree that you are not contributing any User Submission that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Violates these Terms or any Additional Terms.
14. I WANT TO UPLOAD MY OWN MUSIC TO THE SERVICES – WHAT ELSE DO I NEED TO KNOW?
- Just because you authored a musical work (i.e., wrote a song) does not mean you have the right to contribute it to the Services or to otherwise grant the licenses in these Terms or any Additional Terms! If you only own the rights in and to a sound recording, but not to the underlying musical composition embodied in such sound recordings, then, you cannot contribute such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to contribute it to the Services. In other words, in order to contribute Your Music Content to the Services, you must own 100% of Your Music Content or have all the necessary permissions, clearances, and/or authorizations from the rightful owners.
- The rights you grant in Your Music Content in Section 11 above include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), synchronize audio content in timed relation to audio visual content; all on a royalty-free basis. This means that you are granting us the right to use Your Music Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), any unions or guilds, and engineers, producers, writers, collaborators, side artists, band members or other royalty participants involved in the creation of Your Music Content.
- If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms (and any Additional Terms) in Your Music Content or have such music publisher enter into these Terms (and any Additional Terms) with us.
- If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
- TRASH may require you to answer certain questions regarding ownership of Your Music Content prior to allowing you to contribute Your Music Content to the Services. By contributing any Music Content, you, in addition to the other representations and warranties you make in these Terms, represent and warrant to TRASH that: (i) all of your answers to such ownership questions and any other statements made to TRASH on or off the Services regarding ownership of Your Music Content are accurate and complete (and you understand and agree that TRASH relies on the veracity of all such information to determine whether Your Music Content may be contributed to the Services); (ii) Your Music Content and the availability thereof on the Services does not and will not infringe or violate the rights of any third party, including any intellectual property rights, performers’ rights, or rights of privacy or publicity; and (iii) you have obtained any and all necessary consents, permissions, and/or releases to contribute Your Music Content to the Services, and to grant the rights and licenses you grant to TRASH, other users, Third-Party Services, and other third parties in these Terms and any Additional Terms.
15. WHAT IF I SEE SOMETHING ON THE SERVICES THAT INFRINGES MY COPYRIGHT? WHAT IF I RECEIVE A NOTICE OF COPYRIGHT INFRINGEMENT?
You may have heard of the Digital Millennium Copyright Act of 1998 (the “DMCA”), as it relates to online service providers, like TRASH, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable TRASH Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. Learn more about the DMCA and view our copyright dispute policy.
If you believe in good faith that any TRASH Content or User Submission infringes your copyright, you (or your agent) may send TRASH a “Notification of Claimed Infringement” requesting that the material be removed or access to it blocked. The notice must include the following information:
- A legend or subject line that says: “Copyright Notice”;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TRASH to locate the material on the Services;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TRASH a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see here for details. Notices and counter-notices with respect to the Services should be sent to 98 4th St, Ste 401 Brooklyn, NY, 11231 or email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
16. WHO IS RESPONSIBLE FOR WHAT I SEE AND DO ON THE SERVICES?
Any information or content publicly posted or privately transmitted through the Services (including any TRASH Content or User Submissions) is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the TRASH Content or any users’ User Submissions or what actions you may take as a result of having been exposed to the TRASH Content or any users’ User Submissions, and you hereby release us from all liability for you having acquired or not acquired TRASH Content or any users’ User Submissions through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all User Submissions you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services.
While we’re not required to do so, we may access, review, screen, and delete any User Submission you contribute at any time and for any reason, including to provide and develop the Services or if we think the User Submission you contributed violate these Terms or any Additional Terms. However, we do not review all User Submissions, and you alone remain responsible for the User Submissions you create, upload, post, send, or store through the Services. TRASH does not take any responsibility for any User Submissions you contribute through the Services.
TRASH has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services or by any third party that you interact with through the Services. In addition, TRASH will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any Third-Party Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TRASH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users, or between users and any third party, you agree that TRASH is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release TRASH, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
17. WILL TRASH EVER CHANGE OR UPGRADE THE SERVICES?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any TRASH Content or User Submission from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that User Submission in violation of these Terms or any Additional Terms) or no reason, in our sole discretion, and without notice.
Also, any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
18. DO THE SERVICES COST ANYTHING?
The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
19. WHAT IF I WANT TO STOP USING THE SERVICES?
TRASH is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms or any Additional Terms. TRASH has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms or any Additional Terms.
Account termination may result in destruction of any TRASH Content or User Submissions associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
20. I USE THE TRASH APP AVAILABLE VIA THE APPLE APP STORE – SHOULD I KNOW ANYTHING ABOUT THAT?
These Terms apply to your use of all the Services, including the App available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the App:
- Both you and TRASH acknowledge that these Terms are concluded between you and TRASH only, and not with Apple, and that Apple is not responsible for the App or the Content;
- The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that TRASH, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, TRASH, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and TRASH acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and TRASH acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What else do I need to know?
21. WARRANTY DISCLAIMER
Neither TRASH nor its licensors or suppliers makes any representations or warranties concerning the Services or any content contained in or accessed through the Services (including any TRASH Content or User Submissions), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND TRASH CONTENT ARE PROVIDED BY TRASH (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TRASH, ITS AFFILIATES, AND EACH OF ITS AND THEIR OFFICERS, AGENTS, EMPLOYEES, AND PARTNERS (INDIVIDUALLY, AND COLLECTIVELY, THE “TRASH PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify, and hold the TRASH Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims, suits, or actions (“Claims”) relating to (a) your access to or use of the Services (including any actions taken by a third party using your account), (b) your User Submissions or Unsolicited Submissions, (c) information or material transmitted through your permitted device, even if not contributed by you, that violates, misappropriates or infringes any rights of any person or entity (including intellectual property rights or privacy rights); (d) your conduct in connection with our Services; (e) the TRASH Parties’ use of the information that you contribute to us (including your User Submissions); and/or (f) your actual or alleged violation of these Terms or any Additional Terms.
In the event of such a Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). You agree to cooperate with the TRASH Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the TRASH Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and TRASH or the other TRASH Parties.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without TRASH’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
25. CHOICE OF LAW; ARBITRATION
Please read the following carefully because it requires you to arbitrate certain disputes and claims with TRASH and limits the manner in which you can seek relief from us.
These Terms (and any Additional Terms) and your access to and use of our Services are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS/Endispute LLC (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, you and TRASH shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms (and any Additional Terms), the you and TRASH consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.
Any arbitration under these Terms (or any Additional Terms) will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TRASH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. 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 we are a party to the proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms (or any Additional Terms) must be filed within one (1) year after such claim of action arose or be forever banned.
26. EXPORT CONTROLS
Software related to or made available by the Services may be subject to export controls of the U.S.A. or similar laws applicable in other jurisdictions. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls.
You will be responsible for paying, withholding, filing, and reporting any and all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that TRASH may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms (or any Additional Terms) is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms (or such Additional Terms) shall otherwise remain in full force and effect and enforceable. You and TRASH agree that these Terms (and any Additional Terms) are the complete and exclusive statement of the mutual understanding between you and TRASH, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms (or any Additional Terms). You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TRASH, and you do not have any authority of any kind to bind TRASH in any respect whatsoever. Except as expressly set forth in Section 20 above, you and TRASH agree there are no third party beneficiaries intended under these Terms (or any Additional Terms).
Effective date: May 12, 2020