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Terms & Conditions
Last Updated: June 22, 2023
1. Acceptance of Terms
By accessing and using the website clearshift.io (the "Site"), owned and operated by ClearShift Media ("we," "us," or "our"), you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using our Site.
2. Definitions
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"Content" refers to all text, images, videos, audio, or other material displayed on or available through the Site.
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"User" or "you" refers to any individual or entity accessing or using the Site.
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"Services" refers to any services offered by ClearShift Media through the Site.
3. Use of the Site
3.1 Eligibility
You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you are at least 18 years of age.
3.2 Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
a) Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
b) Attempt to interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
c) Impersonate or attempt to impersonate ClearShift Media, a ClearShift Media employee, or another user.
d) Use the Site to transmit any material that is unlawful, threatening, abusive, harassing, defamatory, obscene, or invasive of another's privacy.
4. Intellectual Property Rights
4.1 Ownership
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ClearShift Media, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms.
4.3 Restrictions
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as incidental to normal web browsing or as expressly permitted in writing by ClearShift Media.
5. User Contributions
5.1 User-Generated Content
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to us or on the Site.
5.2 License Grant
By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
5.3 Representation and Warranty
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
6. Disclaimer of Warranties
The Site is provided on an "AS-IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. ClearShift Media disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
In no event will ClearShift Media, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages.
8. Indemnification
You agree to defend, indemnify, and hold harmless ClearShift Media, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
10. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
11. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
12. Entire Agreement
These Terms, our Privacy Policy, and any other legal notices published by us on the Site, constitute the entire agreement between you and ClearShift Media regarding the Site.
13. Contact Information
For any questions about these Terms, please contact us at contact@clearshift.io.