These "Terms" are effective as of October 2022 and govern your access and use of the My Site Witness mobile applications. THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN THE SECTION BELOW TITLED "DISPUTE RESOLUTION" WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST MY SITE WITNESS TO BINDING AND FINAL ARBITRATION.
By using or accessing My Site Witness Services you:
(1) Acknowledge that you have read, understand, and agree to be bound by these Terms
(2) Represent that you have the authority to enter into these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy); and
(3) Agree that you are entering into and agree to adhere to these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy) with My Site Witness. In addition, when using particular services in connection with My Site Witness Services, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms ("Additional Terms").
If you do not agree to all of the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, thereby, you should cease any and all access or use of My Site Witness Services.
Access to My Site Witness Services
My Site Witness hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use My Site Witness Services, provided that you will use My Site Witness Services only as permitted by these Terms of Service.
Basic Rules
You understand and agree that:
You must be 13 years or older to use My Site Witness Services.
You are solely responsible for your conduct to any and all information or material including, without limitation, data, text, images, graphics, photos, links (otherwise known as "Content") that you submit, post, and display on or through My Site Witness Services.
Violation of any of these Terms will result in the immediate termination of your account.
While My Site Witness prohibits certain conduct and content on its My Site Witness Services, My Site Witness does not monitor, and My Site Witness is not responsible for, User Content or activities of the users of My Site Witness Services.
You can use My Site Witness Services only for personal purposes (you cannot use them for commercial purposes).
My Site Witness application can read your GPS location to fulfil the application's functionality and third-party use. If you do not allow us to access your GPS location, our application will not be able to put live location stamps in the photos
My Site Witness can read your GPS location if you allow access to the My Site Witness application even if it is not used for application purposes, you agree to its use for the third party
You are aware and agree that My Site Witness will by default add stamps on the original pictures (in stamping app) or until and unless you do not select the stamp on the new picture option if provided in the app.
In all the free versions of My Site Witness application, you are aware and agree to see the advertisements shown. However, if you want no advertisements in your application, you can upgrade to the pro version of that application. Still, if you encounter any issues, you can always contact us at support@mysitewitness.com.
In all the applications of My Site Witness, we ask you to allow SD Card permission only to access the images located there for stamping purposes and/or storage purposes. If you do not allow SD Card permission, our applications will not be able to add stamps on the images located there and/or the data will be stored to your phone memory by default.
You will receive notifications at some intervals in the applications you use which are developed by My Site Witness. These notifications are sent in order to interact with our valuable users to send them good wishes and to keep them updated about the latest discounts/offers. So, they can take maximum benefits of more features of the applications or any latest updates in the application. By this, we do not mean to disturb any user by sending these notifications only on special occasions. If do not you want these notifications, you will miss all the important updates or can simply swipe them off.
If you make a purchase on the My Site Witness application, the refund shall be valid only within 30 days after making the purchase. My Site Witness shall not make any refunds after using our applications for 30 days.
Apple Subscription Terms for My Site Witness iOS App:
– Payment will be charged to iTunes Account when purchase is confirmed.
– Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
– Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.
– Subscriptions may be managed by the user & auto-renewal may be turned off by going to the user's Account Settings after purchase.
– Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
DO NOT:
Use My Site Witness Services for any illegal or unauthorized purpose.
Violate our Community Guidelines.
Modify or adapt My Site Witness Services, or create or modify another website or mobile application so as to falsely imply that it is associated with My Site Witness or My Site Witness Services.
Attempt to gain unauthorized access to My Site Witness Services or its systems or networks, or access My Site Witness private API by any means other than in compliance with rules we set on API access.
Crawl, scrape, or otherwise cache any content from My Site Witness Services, including but not limited to user photos.
Spam or submit any unwanted comments to any users of My Site Witness Services.
Use web URLs without prior written consent from My Site Witness.
Transmit any worms, viruses, or other destructive code.
Resell or charge others for use of or access to My Site Witness Services.
Duplicate, reproduce, transfer, give access to, copy or distribute any part of My Site Witness Services in any medium without My Site Witness's prior written authorization.
Attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of My Site Witness Services.
Access any part of My Site Witness Services in order to build a similar or competitive service.
Interfere with or disrupt the integrity or performance of My Site Witness Services or data.
Some Basic Rights of My Site Witness:
We reserve the right, for any reason and without notice at any time, to:
Modify or terminate My Site Witness Services.
Refuse or deny access to My Site Witness Services to anyone.
Remove any Content in our sole discretion. Examples of Content we endeavour to remove include Content that is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
Content on My Site Witness
Your content is yours. My Site Witness does not claim any ownership rights in the Content that you, other users, or third parties post on or through My Site Witness Services (collectively, "User Content").
The Rights you Grant to My Site Witness. By displaying or publishing ("posting") any information on or through My Site Witness Services, you permit to My Site Witness a non-exclusive, fully paid and royalty-free, worldwide, sublicensable, transferable, limited license to use, modify, delete, add to, publicly perform, publicly display, reproduce and translate that Content, including without limitation distributing, through multiple tiers, part or all of the Site in any media formats through any media channels for any purposes.
Saving and Sharing. My Site Witness Services allow you to
(1) Keep Content private from the community by only saving to your Gallery,
(2) Share your Content with My Site Witness Community by uploading it to My Site Witness, or
(3) Share your Content with third-party services like Instagram, Facebook, and others.
Content you keep private: When you post to My Site Witness but do not share publicly, your Content is not made available to My Site Witness community or to third parties. However, if the image has been uploaded to My Site Witness, our staff is able to see it. We endeavor to keep your private Content private, but please keep in mind that no technology is 100% secure, and it is possible that unauthorized third parties could defeat our security measures and access your private Content. Please note that if you make Content public and later switch it to private or delete it, we may not be able to remove it from My Site Witness Services.
Content you share with the My Site Witness community. When you post to the My Site Witness community, your Content is made available to the public. This typically means that anyone who is following you can see it, as well as anyone who searches for the hashtag(s) with which you label the Content. It also means that your Content might be featured in our apps or website, or appear in our emails or other communications.
Content you share with third parties: When you share your Content through a third-party service that is integrated with My Site Witness Services (such as Instagram, Facebook, or Twitter), you authorize us to deliver the Content (or a version that we've modified, as needed) to that third-party service. This means that the third-party service's handling of your service will be subject to its own concurrence with you, for which we are not responsible.
Hardware, Software, and Modification: Except for User Content, My Site Witness owns the actual bits and bytes of data on its servers. Also, My Site Witness performs technical functions necessary to offer My Site Witness Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout My Site Witness Services.
My Site Witness Content: My Site Witness Services contain Content owned by My Site Witness and its licensors (collectively the "My Site Witness Content"). My Site Witness Content is protected by copyright, trademark, patent, trade secret and other laws, and My Site Witness and its licensors own and retain all rights in My Site Witness Content and My Site Witness owns and retains all interest and rights in and to My Site Witness Services. My Site Witness hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display My Site Witness Content (excluding any software code) for your non-commercial personal use solely in connection with your use of My Site Witness Services. This means that you can make your own Content that uses certain My Site Witness Content and use it for non-commercial purposes, but you may not use that specifically (or frames or other My Site Witness Content) in other programs or applications. This applies even if you "buy" it or other Content –when you purchase My Site Witness Content, you receive a personal non-commercial license to use the Content; you do not own My Site Content Content.
Certain My Site Witness Content may be subject to additional fees or charges: You acknowledge and agree that your purchase of any such My Site Witness Content is restricted to the purchase and sale of a license to such My Site Witness Content, and shall not convey ownership of any such My Site Witness Content or intellectual property rights to you.
Do not steal anyone's Content: You must observe copyright and other intellectual property laws of the United States and your country. You may not copy someone else's work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any My Site Witness Content or User Content or any other third party Content appearing on or through My Site Witness Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:
You own the Content posted by you on or through My Site Witness Services or otherwise have the right to grant the license set forth in this section.
The posting and use of your Content on or through My Site Witness Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other authority of anyone, and the publishing of your Content on My Site Witness Services does not result in a breach of contract between you and a third party.
You admit to pay for all royalties, fees, and any other monies regaining any person by reason of Content you post on or through My Site Witness Services being in violation of this section.
Advertising: Some of My Site Witness Services are supported by advertising revenue and may display advertisements and promotions. You agree that My Site Witness may place advertising and promotions on, about, or in conjunction with your Content. The approach, mode, and expand such advertising and promotions are subject to replace without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
In-app purchases or Subscriptions: My Site Witness Services may include virtual items or services that can be licensed for a fee, typically via an in-app purchase ("Purchased Content") or subscriptions, prices of which may vary according to the local currency of a particular country. You may only license Purchased Content if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only. My Site Witness reserves the right to manage, regulate, control, modify, or eliminate Purchase Content at any time. Upon the Purchased Content being made available to you, My Site Witness's obligations to provide Purchase Content are deemed fulfilled, and My Site Witness makes no representation that Purchased Content will be available to the purchaser for any length of time nor that My Site Witness Services will continue to support Purchased Content. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT MY SITE WITNESS IS NOT REQUIRED TO PROVIDE A REFUND FOR PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER REPAYMENT FOR UNUSED PURCHASED SERVICE, WHETHER YOUR LOSS OF LICENSE WAS VOLUNTARY OR INVOLUNTARY.
Service Interruption
There may be occasions when My Site Witness Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. My Site Witness encourages you to maintain your own backup of your User Content. In other words, My Site Witness is not a backup service.
Third-Party Links
My Site Witness Services may contain links to independent third-party websites and services (collectively, "Third Party Sites"). Third-Party Sites are not under My Site Witness's control, and My Site Witness does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.
Disclaimer of Warranties
MY SITE WITNESS SERVICES AND CONTENT ARE PROVIDED ON AND” AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MY SITE WITNESS MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) MY SITE WITNESS SERVICES; (B) MY SITE WITNESS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MY SITE WITNESS OR VIA MY SITE WITNESS SERVICES. MY SITE WITNESS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.
MY SITE WITNESS DOES NOT REPRESENT OR WARRANT THAT MY SITE WITNESS SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT MY SITE WITNESS SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. MY SITE WITNESS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR MY SITE WITNESS CONTENT) AVAILABLE ON OR THROUGH MY SITE WITNESS SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF MY SITE WITNESS SERVICES IS AT YOUR SOLE RISK. MY SITE WITNESS DOES NOT WARRANT THAT YOUR USE OF MY SITE WITNESS SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MY SITE WITNESS SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT MY SITE WITNESS DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD-PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Limitation of Liability
TO THE MAXIMUM RANGE GRANTED BY APPLICABLE LAW, IN NO EVENT SHALL MY SITE WITNESS, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) BUGS, MISTAKES, OR DEFECTS OF CONTENT DISPLAYED ON OR THROUGH MY SITE WITNESS SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) MY SITE WITNESS SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH MY SITE WITNESS SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF MY SITE WITNESS SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERFERENCE OR CESSATION OF CONVEYANCE TO OR FROM MY SITE WITNESS SERVICES OR THROUGH MY SITE WITNESS SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH MY SITE WITNESS SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH MY SITE WITNESS SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING MY SITE WITNESS CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MY SITE WITNESS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY SITE WITNESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MY SITE WITNESS AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR MY SITE WITNESS SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Application of Limitations and Disclaimers
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in the immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The restraint or boycott of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
Release
You acknowledge that My Site Witness does not control the interactions between any user and you, nor does My Site Witness control or monitor any User Content. You acknowledge and agree that My Site Witness does not assume any responsibility or liability for User Content generated by you or any user of My Site Witness Services posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of you or any user, and you bear the entire risk of your continued use of My Site Witness Services, including your interactions with other users. You agree that My Site Witness will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys' fees), incurred as a result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of My Site Witness Services. If there is a claim or dispute between you and any other user or third party, My Site Witness is under no obligation to become involved. You understand and agree that My Site Witness is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge My Site Witness, and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby defer and drop out, each and every past, present and future argument, claim, controversy, demand, right, obligation, liability, actions and causes of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of My Site Witness Services, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR DOUBTFUL TO ENDURE IN HIS OR HER SUPPORT AT THE TIME OF THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Indemnification
You agree to defend (at My Site Witness’s request), indemnify and hold My Site Witness and its affiliates, directors, officers, employees, contractors, and agents 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 in connection with My Site Witness Services or those conducted on your behalf): (i) your User Content or your access to or use of My Site Witness Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your abuse of any laws, rules, regulations, codes, or orders of any governmental authority, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by My Site Witness in the defense of any claim. My Site Witness keep the right to conclude the exclusive defense and command of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of My Site Witness.
International Users
Although My Site Witness Services may be accessible worldwide, My Site Witness makes no representation that the materials and/or content made available in connection with My Site Witness Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this My Site Witness Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this My Site Witness Services is void where prohibited. BY OBTAINING OR USING MY SITE WITNESS SERVICES YOU SERVE AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE MY SITE WITNESS SERVICES.
Export Control
Users may not download, use, export or re-export any materials or Content (including User Content and My Site Witness Content) posted or submitted on or through My Site Witness Services or any software make use of or available in connection with My Site Witness Services in abuse of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.
Governing Law and Venue
The Terms, Privacy Policy, and Additional Terms shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles. The United Nations Conventions for International Sale of Goods do not apply to this agreement.
Dispute Resolution
In the event a dispute cannot be resolved through communications with My Site Witness, any dispute, claim, or controversy arising out of or relating to the Terms, Privacy Policy, or Additional Terms, or your use of My Site Witness Services, shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and such dispute shall be resolved in San Francisco, California, United States. Judgment on any award entered by the arbitrator may be enforced in any court having jurisdiction thereof. You endorse and agree that you may carry claims against My Site Witness only in a singular capacity and not as a plaintiff or class member in any purported class or representative proceeding. We each agree that any claims not subject to arbitration shall be litigated exclusively in a state court located in California or in the United States District Court for the Northern District of California, and you consent to personal jurisdiction in those courts.
Other Terms
In any action to enforce the Terms, Privacy Policy, or Additional Terms the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against My Site Witness, or its affiliates, officers, directors, or agents, must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. My Site Witness may freely assign its rights and obligations under the Terms. If any portion of the Terms is held invalid or meaningless, that portion shall be deduced in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any collapse by My Site Witness to enforce or effort any arrangement of the Terms or related rights shall not constitute a waiver of that right or provision. All notices to you shall be made in writing and delivered via email to the email address designated by you or by otherwise posting such notices on My Site Witness Services. My Site Witness reserves the right to broadcast notices or messages through My Site Witness Services to inform you of changes to My Site Witness Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of publication. These Terms, together with the Privacy Policy, the Additional Terms, and any other legal notices published by My Site Witness, constitute the entire agreement and understanding between the parties concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. The Terms may not be amended or modified, except by a written agreement signed by the parties.
Changes to these Terms
My Site Witness reserves the right to alter these Terms of Service at any time in its sole discretion. If the alterations constitute a material change to these Terms, My Site Witness will notify you by posting the updated Terms of Service to the My Site Witness Website. Your continued use of My Site Witness Services after such notification of changes to the Terms will constitute your agreement and acceptance of such changes. You agree to review My Site Witness Website periodically for any such changes to the Terms.
Reporting Violations
If you become aware of any misuse of My Site Witness Services or any violation of the Terms, Privacy Policy, or Additional Terms, please report such misuse and/or violation by sending an email to My Site Witness at support@mysitewitness.com.
Questions or Additional Information
“Attention”: Terms of Use: If you have any questions regarding the Terms of Service, please contact us by email at support@mysitewitness.com.