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Welcome to ActEnhance. These Terms of Service ("Terms") govern your access to and use of the ActEnhance website, services, and applications (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
Eligibility You must be at least 18 years old to use the Services. By accessing or using the Services, you represent and warrant that you meet the eligibility requirements.
User Accounts To access certain features of the Services, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify ActEnhance immediately of any unauthorized use of your account or password or any other breach of security.
User Content. By submitting, posting, or displaying content on or through the Services, you grant ActEnhance a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any content that you submit.
Acceptable Use. You agree not to use the Services for any illegal, harmful, or offensive purpose, or to transmit, store, display, distribute, or otherwise make available content that is illegal, harmful, or offensive.
By submitting a video to ActEnhance for analysis, users represent and warrant that they are the subject of the analysis or they have the permission of said subject and users represent and warrant that thy either own the rights to the submitted video or have obtained the necessary permission from the rightful owner(s) to submit the video for analysis. Users agree that they shall not submit any video for which they do not have the proper rights or permissions. In the event that a user submits a video without the requisite ownership or permission, the user shall be solely liable for any resulting consequences, including any claims or legal actions arising from such submission, and shall indemnify and hold harmless ActEnhance, its affiliates, licensors, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from such unauthorized submission.
agree not to engage in any activity that interferes with or disrupts the Services.
Termination ActEnhance may terminate or suspend your access to the Services at any time, with or without cause, with or without notice, and without liability. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
Intellectual Property Rights. All rights, title, and interest in and to the Services (excluding user submitted content) are and will remain the exclusive property of ActEnhance and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Disclaimer of Warranties. The Services are provided on an "as is" and "as available" basis. ActEnhance disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The use of our services is entirely at your own risk, and we do not guarantee that our services will meet your specific needs or requirements.
Limitation of Liability. In no event will we, nor any of our respective officers, directors, employees, or agents, nor our affiliates, licensors, or any of their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, or potential profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services. In the event that we or any of the aforementioned are found to be liable for any damages, the total amount of our liability shall not exceed the total amount paid by you in direct acquisition of the services in the 12 months preceding the event giving rise to the liability, regardless of the legal theory under which such liability is claimed.
Governing Law These Terms will be governed by and construed in accordance with the laws of the United States, without regard to or application of conflict of law rules or principles.
Changes to the Terms. ActEnhance may revise these Terms from time to time, and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
Indemnification You agree to indemnify, defend, and hold harmless ActEnhance and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to your use of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
Third-Party Links The Services may contain links to third-party websites or resources. You acknowledge and agree that ActEnhance is not responsible or liable for the content, products, or services on or available from such websites or resources. You further acknowledge that such websites or resources are not under the control of ActEnhance, and you assume all risk and responsibility for any transactions or interactions you may have with such websites or resources.
Privacy Your use of the Services is subject to ActEnhance's Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information in accordance with our Privacy Policy.
Miscellaneous. These Terms constitute the entire agreement between you and ActEnhance concerning your use of the Services and supersede all prior agreements and understandings between you and ActEnhance. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Severability. If any provision of this agreement is determined by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, such determination shall not affect the validity, legality, or enforceability of the remaining provisions of this agreement. The remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties to the greatest extent possible.
Contact Information. If you have any questions about these Terms or the Services, please contact us at [email protected]
ActEnhance
120 Madeira Drive Northeast #220
Albuquerque, NM 87108
575-342-1408
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